Kategorie: INTELLECTUAL PROPERTY RIGHTS
INTELLECTUAL PROPERTY RIGHTS
To protect.intellectual property rights of both parties and following the e of fairness, equity and mutual benefit,
Party A and Party B hereof come to this agreement on intellectual property rights:
1.Responsibility for product warranty
Party B makes the statement and commitment as follows:
1.1 Ownership of products provided by Party B is free of legal right irestriction or limitation
1.2 Party B ensures that Party A has the right to directly or indirectly iuse, export, sell, distribute and market the products
provided by Party B over the world free of any other use restrictioin stipulated in agreement or for intellectual property right protection or extra charges.
1.3 Party B and the products provided by Party B will comply witth laws and regulations of the international standardsfor safety application.
2.Intellectual property rights
2.1 Party B promises that the products of Party B shall not be in infringerment with patent, trademark, copyright or other intellectual property rights of any country and region.
2.2 If a third party prosecutes or claim for any rights against Partty A, agent, employee or client of Party A due to any of the followings circumstances, Party B shall demur, discuss or negotiate vwith this third party or bring a law suit, and Party B shall make full compensation to Party A for all indirect losses therefore caused to Party A, including but not limited to the payment made by Party A to the customer or third party as compensation for breach of contract, increased inventory cost, as well as compensation expenses, premium, settlement fee, leegal fare, retaining fee, and charges for vehicle paid by Party A:
A、All actions in infringement of patent right, copyright, trademark right,operation secrets, technical know-how or intellectual property rights;
B、This product arouses harmful action that caused personnel injuryor property damage;
C、Party Bviolates any pprovision of Article 1
2.3 All the provisions in this article are also applicable for the agreements signed before and after this agreement on any
purchases of products from Party B between Party A and Party B hereof
3. Ownership of cooperation achievemeents
Party A and Party B hereof respectively have their own intellectual property rights in software and hardware design including: any original work, discovery, invention, patent right, techrhical know-how and operating knowledge. The
development achievements from cooperation between the the two parties are under the ownership of both parties. With no consent in writing from one party, the counterparty is prohibited to disclose or sell the cooperation contents or
development achievements to a third party. In case of breach of thiss provision by one party or its employee, this party shall pay the counterparty USD50,000 unconditionally and immedlately as compensation for breach of contract
4.General Provisions
4.1 In case of any upgraded agreement, the old version of agreement sshall be automatically terminated as long as the new version of agreement signed.
4.2 Provided any article in this agreement is adjudged as unenfoprceable in certain aspects by judicial authority while the unenforceability has no material influences on responsibilities and obligations of both parties, the balance of this
agreement shall remain valid and enforceable.