Intellectual properties for theapparatus
ULVAC representsthat any intellectual property rights relating to the apparatus sold by ULVAC willbe either original to ULVAC ,in the public domain ,or obtained by ULVAC with awritten consent of its owner to use ,and that the Apparatus will not infringe anythird party’s intellectual property rights to the best of its knowledge .if thirdparty claims of patent infringement relating to the Apparatus sold by ULVAC toand used by your company are based on apparatus patent covering the Apparatus,our company will exert its best efforts in order that your company may continuethe use of the Apparatus by such means as acquiring license or remodeling ofthe Apparatus. ULVAC shall defend, indemnify and hold harmless your companyfrom and against any and all costs (including reasonable attorney’s feesincurred), expenses, losses, damages, liabilities relating to any claim thatthe Apparatus infringes any intellectual property right of any third partyexcluding any infringement caused by design made pursuing your company’srequest. Such costs and expenses to be borne by ULVAC as a result of aforementionedinfringement shall not exceed total amount paid for the Apparatus by yourcompany.
Provided ,however,that your company shall give notice to ULVAC immediately after receiving suchclaims from a third party and give assistance to ULVAC. With respect to anythird party claims based on process patent and/or your products manufactured byusing the Apparatus, no liability lies with ULVAC.
ULVAC representsthat any intellectual property rights relating to the apparatus sold by ULVAC willbe either original to ULVAC ,in the public domain ,or obtained by ULVAC with awritten consent of its owner to use ,and that the Apparatus will not infringe anythird party’s intellectual property rights to the best of its knowledge .if thirdparty claims of patent infringement relating to the Apparatus sold by ULVAC toand used by your company are based on apparatus patent covering the Apparatus,our company will exert its best efforts in order that your company may continuethe use of the Apparatus by such means as acquiring license or remodeling ofthe Apparatus. ULVAC shall defend, indemnify and hold harmless your companyfrom and against any and all costs (including reasonable attorney’s feesincurred), expenses, losses, damages, liabilities relating to any claim thatthe Apparatus infringes any intellectual property right of any third partyexcluding any infringement caused by design made pursuing your company’srequest. Such costs and expenses to be borne by ULVAC as a result of aforementionedinfringement shall not exceed total amount paid for the Apparatus by yourcompany.
Provided ,however,that your company shall give notice to ULVAC immediately after receiving suchclaims from a third party and give assistance to ULVAC. With respect to anythird party claims based on process patent and/or your products manufactured byusing the Apparatus, no liability lies with ULVAC.