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1 Supplier hereby represents and warrants that the Products (and the manufacture, sale or use thereof) do not and shall not infringe or misappropriate any third party’s intellectual property, industrial property and other proprietary rights arising under the laws of any country, including, but not limited to all rights with respect to (a) patents and patent applications and similar rights (including, but not limited to utility patent, design patent and utility model rights and applications therefor), (b) copyrights, design rights, databases and mask works, and any applications, registrations and other rights with respect thereto, (c) trade secrets, confidential information, technology and know how and (d) trademarks, service marks and tradenames (inclu