By Alchemy. Alchemy shall defend, indemnify and hold harmless Customer, its parents, subsidiaries and affiliates and its and their directors, employees and agents from and against any liability, claim, damage, cost or expense (including reasonable attorneys’ fees) awarded against Customer or agreed upon by Alchemy in settlement to the extent arising out of or resulting from a claim that the Alchemy Products, Alchemy Materials, Customizations or Alchemy Custom Content (excluding any Customer Materials or Third Party Materials) (collectively or individually, an “Alchemy Item”) infringes a U.S. patent, or any copyright, or otherwise misappropriates any trade secret(s) of a third party. If such notice, suit or action occurs, or if Customer's use of any of an Alchemy Item hereunder is, or in Alchemy's opinion is likely to be, enjoined due to the type of infringement specified in above, then Alchemy may undertake at its sole option, and at its expense, one or more of the following: (a) procure for the Customer the right to continue using the affected Alchemy Item under the terms of this Agreement; (b) replace or modify the Alchemy Item to render it non-infringing and substantially equivalent or better in function to the enjoined item; or (c) if options (a) and/or (b) above cannot be accomplished despite Alchemy's commercially reasonable efforts, then Alchemy may terminate this Agreement with respect to such Alchemy Item and upon return of the Alchemy Item issue a prorata refund or credit to Customer corresponding to the portion of the then-current Term for such Alchemy Item after the date of such termination. Notwithstanding the terms of this Section 8.1, Alchemy will have no liability or obligation of any kind to the extent it results from: (i) any Alchemy Item manufactured to specifications furnished by or on behalf of Customer; (ii) any infringement arising out of the use of the Alchemy Item in combination with other hardware, equipment, software or materials not furnished by Alchemy (if such infringement would not have occurred but for such combined use); (iii) use of an Alchemy Item in a manner not normally intended, or to any patent, copyright or trade secret in which the Customer, or subsidiary or affiliate thereof, has a direct or indirect interest;
