By Camera Bits Sample Clauses

By Camera Bits. Camera Bits will indemnify and defend you and its officers, directors, shareholders, employees and agents from and against all Losses arising out of any claim by a nonparty to the extent it is based on or arising from any claim that the Software or Technical Documentation, or any use of the Software or Technical Documentation in accordance with this XXXX, infringes or misappropriates such third party's U.S. intellectual property rights, provided that you promptly notify Camera Bits in writing of the claim, cooperates with Camera Bits, and allows Camera Bits sole authority to control the defense and settlement of such claim. (i) If such a claim under Section 8.2 is made or appears possible, you agree to permit Camera Bits, at Camera Bits' sole discretion, to (A) modify or replace the Software or Technical Documentation, to make it non- infringing, or (B) obtain the right for you to continue use. If Camera Bits determines that none of these alternatives is reasonably available, Camera Bits may terminate this XXXX, in its entirety or with respect to the affected component or part, effective immediately on written notice to you and refund any prepaid amounts to you promptly after such termination. THIS SECTION 8.2 SETS FORTH YOUR SOLE REMEDIES AND CAMERA BITS' SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SOFTWARE OR TECHNICAL DOCUMENTATION INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Section 8.2(iii) will not apply to the extent that the alleged infringement arises from: (A) use of the Software in combination with data, software, hardware, equipment, or technology not provided by Camera Bits or authorized by Camera Bits in writing; (B) modifications to the Software not made by Camera Bits; (C) use of any version other than the most current version of the Software or Documentation delivered to you; or (D) Third-Party Products.
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