ADDITIONAL INFRINGEMENT INDEMNIFICATION TERMS Clause Samples
The "Additional Infringement Indemnification Terms" clause sets out extra provisions regarding a party's responsibility to protect the other party from losses or legal claims arising from intellectual property infringement. Typically, this clause details the specific circumstances under which indemnification applies, such as if a product or service provided under the agreement is alleged to infringe on a third party's patent, copyright, or trademark. It may also outline procedures for handling such claims, including notification requirements and the right to control the defense. The core function of this clause is to allocate the risk of intellectual property disputes, ensuring that one party is financially protected if the other party's actions lead to infringement claims.
ADDITIONAL INFRINGEMENT INDEMNIFICATION TERMS. 8.1 If Oracle is the Provider and exercises its option under Section 5.2 of the General Terms to end the license for and require the return of Material that is a component of the Services, including Oracle Software, then Oracle will refund any unused, prepaid fees that You have paid for such Material. If such Material is third party technology and the terms of the third party license do not allow Oracle to terminate the license, then Oracle may, upon 30 days prior written notice, end the Services associated with such Material and refund to You any unused, prepaid fees for such Services.
8.2 We will not indemnify You to the extent that an infringement claim is based on Third Party Content or any Material from a third party portal or other external source that is accessible or made available to You within or by the Services (e.g., a social media post from a third party blog or forum, a third party Web page accessed via a hyperlink, marketing data from third party data providers, etc.).
8.3 The phrase “user documentation” in the first sentence of Section 5.6 of the General Terms includes the Service Specifications referenced in Your order for Services.
ADDITIONAL INFRINGEMENT INDEMNIFICATION TERMS. Any additional Infringement Indemnification terms will be handled in accordance with Appendix A, Section 10.A.3 of DIR Contract No. DIR-TSO-2539.
ADDITIONAL INFRINGEMENT INDEMNIFICATION TERMS. 8.1 If Oracle is the Provider and exercises its option under Section 5.2 of the General Terms to end the license for and require the return of Material that is a component of the Services, including Oracle Software, then Oracle will refund any unused, prepaid fees that You have paid for such Material. If such Material is third party technology and the terms of the third party license do not allow Oracle to terminate the license, then Oracle may, upon 30 days prior written notice, end the Services associated with such Material.
8.2 Oracle will not indemnify You to the extent that an infringement claim is based on Third Party Content or any Material from a third party portal or other external source that is accessible or made available to You within or by the Services (e.g., a social media post from a third party blog or forum, a third party Web page accessed via a hyperlink, marketing data from third party data providers, etc.).
8.3 The phrase “user documentation” in the first sentence of Section 5.6 of the General Terms includes the Service Specifications referenced in Your order for Services.