© Copyright Information
The undersigned customer (“Customer”) hereby
certifies, represents and warrants to Disc in the City ("DITC")
that Customer owns or has obtained all necessary rights and
permissions for use of all data, product, labeling, or other
material provided by Customer to DITC for us in the manufacture
and/or reproduction of a product onto compact discs (“Customer
Material”) and that it shall pay or cause to be paid,
all royalties or other sums which may become due under
any contractual arrangement or under applicable laws in
any jurisdiction as it relates to such Customer Material.
Customer hereby agrees to indemnify, defend and hold harmless
Disc in the City, its directors, officers, employees and
agents from and against any and all losses, claims, liabilities
and expenses (including reasonable attorneys fees and other
expenses of litigation) with respect to: (a) claims that
any patent, copyright, trademark, tradename, service mark,
proprietary right or other right of a third party has been
infringed by reason of (1) the mastering, duplication, replication,
possession, distribution, sale, rental or use of the data
supplied by Customer or the compact discs upon which such
data is replicated; or (ii) the packaging, labels, trade
dress and other materials with which such compact discs are
distributed, sold, rented or used; and (b) claims arising
from allegations by third parties that Customer has wrongfully
disclosed information to Disc in the City. It is Disc in
the City’s policy not to participate in or otherwise
facilitate the unauthorized possession, replication, distribution,
sale rental or use of data by its customers. Customer understands
that Disc in the City cooperates with the various governmental
agencies and trade organizations responsible for policing
the recording and replication industries and agrees that
Disc in the City may provide to such agencies and organizations
information regarding Customer and the business conducted
by Customer with Disc in the City.
Customer understands that Disc in the City is a CD manufacturer
operating at Customers direction. Disc in the City makes
every effort to protect intellectual property of both Customer
and third parties. Customer understands and has complied
with all applicable laws, including but not limited to foreign
and domestic copyright laws. This Customer Data Certification
is made by Customer with the intention of being legally bound
and in consideration of Disc in the City agreement to replicate
data supplied by Customer onto compact discs. Customer agrees
that in the event Customer breaches any of the terms or conditions
of this Agreement or any of the certifications made herein
by Customer shall have been false when made, Disc in the
City shall have no further obligation to Customer for the
replication of compact discs or any accompanying or related
services.
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