8.1 The copyright in all drawings, data, literature photographs, illustrations, specifications, performance data, dimensions, weights, and the like shall remain the property of the Seller and (except marked as or otherwise indicated) be confidential and such drawings, data literature photographs, illustrations performance data and specifications together with the Seller’s manufacturing and operating techniques shall not be disclosed or used except necessarily for the purpose of application and use by the Purchaser of the Goods in relation to which they were supplied.
8.2 The Purchaser shall not alter or deface any of the Seller’s registered trade marks as marked on the Goods while the goods are so marked or apply to them such other trade mark or written matter which is likely to injure the reputation of the Seller’s trade mark.
8.3 The Seller warrants only that the Goods themselves and the delivery or importation thereof will not infringe any patent rights published (at the date of the Contract) in the United Kingdom and the Seller shall indemnify the Purchaser against damage and costs awarded for such infringement provided always that:
8.3.1 this indemnity shall not apply to any infringement which is due to the Seller having followed an instruction, furnished or given by the Purchaser, or to the use of such material, in a manner or for purpose, or in a foreign country not specified or disclosed to the Seller, or in combination with any other materials or process;
8.3.2 this indemnity is conditional, on the Purchaser giving to the Seller the earliest possible notice in writing of any claim being made or action threatened against the Purchaser, and on the Purchaser permitting the Seller, at the latter’s expense, to conduct any litigation that may ensue and all negotiations for a settlement of the claim.
8.4 There is no licence implied or granted, to manufacture, produce or sell or otherwise the Goods in a manner which may infringe any patent rights owned by the Seller and others.
8.5 The Purchaser warrants that any instructions furnished or given by the Purchaser shall not be such as will cause the Seller to infringe any patent, copyright, utility model, registered design, right of confidence, or trade mark in execution of the Purchaser’s order.