Intellectual Property Rights. 9.1. Visma Software International AS (org no 980858073) – or its licensors – is the sole owner of all intellectual property rights (“IPR”) to the Services. IPR includes but is not restricted to copyright, patents, trademarks, trade names, design and product design, source code, databases, business plans and know-how, whether registered or not. All documentation, including manuals, user guides and other written, electronic or non-electronic, accounts of how the Services are set up and used (“Documentation”) is considered part of the Services and is subject to the same restrictions. All copyright, trademarks, registered trademarks, product names, company names or logos mentioned in the Services or in connection with the Services are the property of their respective owners.
9.2. Visma claims no intellectual property rights or ownership of any kind for any Data owned by the Customer and transferred to the Services.
9.3. Where software from a third party is supplied by Visma as part of or in connection with the Services, the software is subject to the TOS unless separate or additional licensing conditions have been supplied with the software.
9.4. If the Customer infringes upon Visma’s or third party’s IPR or uses the Services in a manner not authorised by the TOS, the Customer shall as a default minimum pay a fee that is equivalent to the Subscription fees which Customer has paid for the Services during the past 5 years, or the equivalent of 5 year’s Subscription fees for his current licenses, whichever is greater. The Customer acknowledges that Visma may suffer irreparable harm if its IPR is impaired or infringed, and that Visma or its licensors shall have the right to take all reasonable steps to protect its proprietary and commercial interests, including any remedy as may be available at law. The same shall apply if the Customer has, or has attempted to, acquire information or data to which it is not entitled according to the TOS.
Intellectual Property Rights. All material on file prepared by or in the possession of the Contractor relating to a Commission given shall be the property of the Contractor. Copyright to drawings, text or other work, including computer programs created by the Contractor or its sub-contractors shall belong to the Contractor.
Intellectual Property Rights. 1. Insofar as the Purchaser provides specifications for deliveries and services, the Purchaser shall ensure that the goods, insofar as the Supplier delivers them in accordance with the Purchaser's specifications, do not infringe third-party rights.
2. In all other respects, the following shall apply: If a third party asserts a justified claim against the Purchaser based on an infringement of third-party intellectual property rights by deliveries made by the Supplier and used by the Purchaser in accordance with the contract, the Supplier shall be liable to the Purchaser within the warranty period (Article VII Sec. 6) as follow:
a) The Supplier shall, at its own discretion, obtain a right of use for the respective delivery item or modify or replace it in such a way that no third-party rights are infringed anymore, and the delivery item continues to fulfill its contractually agreed functions. However, if this is not possible for the Supplier with reasonable effort, the Purchaser shall be entitled to withdraw from the contract or to demand a reduction of the purchase price in accordance with the applicable law.
b) The Supplier’s obligation to pay compensation for damages shall be subject to the provisions of Article VII.
c) The aforementioned obligations of the Supplier shall only apply if and to the extent the Purchaser does not acknowledge a breach to a third party without the prior express consent of the Supplier and the Supplier retains the right to take all defense measures and negotiate a settlement, or in case of a final judgement.
3. Claims of the Purchaser are excluded to the extent he is responsible for the infringement of the third-party intel- lectual property rights.
4. Claims of the Purchaser shall also be excluded if the infringement of the third-party intellectual property rights was caused
a) by an application or use of the respective good not foreseeable for the Supplier or not agreed by the parties or
b) by the Purchaser modifying the delivered good or using it together with products that were not delivered by the Supplier, unless the Supplier has agreed in advance.
5. In case of infringements of the third-party intellectual property rights, the provisions of Article VI Sec. 3 to 6 shall apply accordingly to the Purchaser’s claims pursuant to Sec. 2 a) of this Article VIII.
6. The Purchaser shall inform the Supplier without undue delay in writing (incl. e-mail, fax) as soon as claims regarding the infringement of third-party rights are asser...
Intellectual Property Rights. 19.1 If ITE FABRIKS AB´s purchase of a Part initiates development or design work, any intellectual property rights arising from such work shall accrue to ITE FABRIKS AB. If, however, the SUPPLIER has, at his own expense, contributed substantially to such work than possible intellectual property rights shall accrue to the Parties jointly, and both Parties shall be free to independently commercialise such rights, e.g. by giving sub-licenses to third parties.
19.2 The SUPPLIER shall be responsible for ensuring that the Part or its use does not infringe on the intellectual property rights of a third party. In the event that a Part infringes on the intellectual property rights of a third party, the SUPPLIER undertakes to indemnify ITE FABRIKS AB and ITE FABRIKS AB´s customers for all costs arising out of or relating to the Part or its use and to either replace the Part by another equivalent Part or to obtain all necessary consents. Said undertaking shall not apply to the extent ITE FABRIKS AB has performed development or design work. The SUPPLIER shall, at ITE FABRIKS AB´s request, assist ITE FABRIKS AB in disputes in which ITE FABRIKS AB could become involved by reason of such infringement and also replace ITE FABRIKS AB´s in such a dispute.
19.3 The SUPPLIER is aware that production for his own account or for that of a third party is not allowed when ITE FABRIKS AB possesses an intellectual property right to a Part. The SUPPLIER undertakes to not produce a Part for his own account or for that of a third party in cases where ITE FABRIKS AB has provided the SUPPLIER with such know-how or equipment as was necessary for the SUPPLIER to be able to fulfil the development or production of the Part.
19.4 Upon entering into the Purchase Agreement, or prior to delivery of a new Part, the SUPPLIER shall inform ITE FABRIKS AB of all intellectual property rights of which he is aware that affect a Part.
19.5 This Purchase Agreement does not grant the SUPPLIER the right to use any corporate name or trademarks belonging to ITE FABRIKS AB without the express persmission of ITE FABRIKS AB.
Intellectual Property Rights a) The Supplier shall indemnify Sony from and against all costs, claims, proceedings or demands in respect of any infringement of patent, registered design, trade mark, copyright or other intellectual property rights arising out of the sale or use of any Goods supplied under this PO provided: (i) Sony is in compliance with the PO; (ii) Sony promptly notifies the Supplier as soon as it becomes aware of any such claims, proceedings or demands; and (iii) Sony uses reasonable endeavours to comply with all reasonable requests by the Supplier to take steps to mitigate or reduce any losses suffered as a result of any such claims, proceedings or demands, which steps may include (at the Supplier’s option) accepting from the Supplier equivalent non- infringing modified or replacement goods or services.
b) To the fullest extent permitted by law, where development forms part of the PO, the ownership of any intellectual property rights arising from such development including (without limitation) any intellectual property rights in notes, drawings, documentation, computer programs, customer lists, sound and visual images (“Work Product”) shall be transferred to Sony and the Supplier shall co-operate in any measure necessary to make such transfer effective as soon as any such right arises.
c) To the fullest extent permitted by law, the Supplier hereby unconditionally and irrevocably waives in favour of Sony, its licensees and successors in title, all moral rights in and to the Work Product.
Intellectual Property Rights. All rights defined by Article 2(viii) of the Convention Establishing the World Intellectual Property Organisation signed at Stockholm on 14 July 1967 (see Technical Appendix 1.A.), excluding trademarks, service marks and commercial names and designations.
Intellectual Property Rights. REN or its licensors will retain all rights, titles and interests in and to the Software Service, all appurtenant documentation and any other intellectual property rights. Nothing in these Standard Terms and Conditions shall impair or alter REN’s rights to the service and/or software, including copyright and other intellectual property rights, or be construed to constitute a sale or transfer of such rights to the user. Further all intellectual property rights developed by XXX, the user or any other person permitted or authorised to do so by REN in relation to the Software Service (including all updates, enhancements, improvements, developments and derivative works thereto or thereof) will become the property of REN immediately upon creation. The user is not allowed to perform any reverse engineering on any of the Software Service elements, including but not limited to reconstructing, back transfer, decompile, disassemble, modify, make derived versions of, or in any other way attempt to discover or find the source code for any of the Software Service elements. The user is given a personal and non-transferable right to use the Software Services. 2 / 4 If the user infringes upon REN’s copyrights or other interests in the Software Service, user shall pay any loss or cost REN accrues because of the infringement.