BY END USER. Subject to AppDynamics’ compliance with Section 7.3, End User agrees to defend, at its expense, AppDynamics and its affiliates, its suppliers and its resellers against any third party claim to the extent such claim arises from or is made in connection with End User’s breach of Section 1 or End User’s negligence or willful misconduct, and End User shall pay all costs and damages finally awarded against AppDynamics by a court of competent jurisdiction as a result of any such claim.
BY END USER. End User agrees to defend, at its expense, AppDynamics and its affiliates, its suppliers and resellers against any third party claim to the extent such claim arises from or is made in connection with: End User’s breach of clause 1 or End User’s negligence or wilful misconduct, and End User shall pay all costs and damages finally awarded against AppDynamics by a court of competent jurisdiction as a result of any such claim.
BY END USER. End User agrees to defend, at its expense, Moogsoft against any third party claim to the extent such claim arises from End User’s breach of Section 2 or End User’s negligence or willful misconduct, and End User shall pay all costs and damages finally awarded against Moogsoft by a court of competent jurisdiction as a result of any such claim.
BY END USER. If End User terminates for its convenience, End User’s sole and exclusive remedy and VCE’s sole and exclusive obligation will be to grant End User a credit that corresponds to the period between the effective date of the termination for convenience and the end of the then current Support Services period. Such credit may only be used against future purchases of Products or Support Services from VCE and may be reduced to recapture unearned discounts (meaning discounts to Support Services fee that were based on a End User obligation that can no longer be fulfilled due to the termination).
BY END USER. The End User, at its own expense, will indemnify, defend and hold harmless Datiphy, and its officers, directors, employees, representatives and agents, from and against any action brought against such person (a) arising out of any use of Software (except to the extent such claims are subject to Datiphy’s obligation under Section 9.1); (b) for personal injury or death arising out of the End User’s gross negligence or willful misconduct; or (c) arising out of any alleged breach of any representation or warranty by the End User in Section 5.1; and the End User will pay all settlements entered into and damages awarded against such person (including reasonable attorneys’ fees) to the extent based on such action.
BY END USER. You hereby agree to indemnify, defend and hold harmless Bites and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs (collectively, “Losses”) incurred as a result of any third party claim arising from (i) Your violation of these Terms or applicable Law; and/or (ii) End User Data, including the use of End User Data by Bites and/or any of its subcontractors, infringes or violates, any third party’s rights, including, without limitation, intellectual property, privacy and/or publicity rights.
BY END USER. 1.2.1. End User will provide Service Provider with the End User Data and access to the End User Controlled Fields.
1.2.2. End User Data means all data necessary for Service Provider to enable End User’s use of the Software through Authorized Users including, but not limited to, all hard wire line circuits, services, hard wire lines, contract information, vendor records, paper or electronic invoice media and wireless telephone call records and charges applicable to End User’s identified employees, agents or contractors. End User shall provide any and all organizational information sufficient to verify Authorized Users.
1.2.3. End User Controlled Fields means those fields embedded in the Software that allows for the End User to input certain pertinent End User information including but not limited to its telecommunications hard wire and wireless billing and account information and inventory.
1.2.4. The End User Data (including any updates contained in the End User Controlled Fields) will be provided in an electronic format acceptable to Service Provider. End User hereby grants and agrees to grant to Service Provider, a nonexclusive, fully-paid and royalty free license to use, reproduce, display, transmit, alter, manipulate and create derivative works of the End User Data and End User Controlled Fields during the Term of this XXXX, but only to the extent necessary to provide the Software to End User. Notwithstanding the foregoing, the grants contained in this provision do not authorize Service Provider to disclose any End User Data or reproduction or derivative work thereof, to any third party.
1.2.5. In addition, End User hereby grants and agrees to grant to Service Provider a perpetual, nonexclusive fully paid and royalty free license to use the End User Data and End User Controlled Fields, as well as any information obtained by Service Provider from its analyses conducted using the End User Data and End User Controlled Fields, provided that Service Provider shall only make use of the End User Data and End User Controlled Fields in a manner that is non- personally-identifiable and does not identify End User or any Authorized User as the source of the End User Data and End User Controlled Fields, of any aspect thereof, or of any data derived there from, without the prior written consent of End User.
BY END USER. End User shall defend or settle any third party claims against ConvergeOne, including claims by VHT, alleging that the End User breached the terms of this End User License Agreement and pay expense and pay all costs, damages, and reasonable attorney's fees, that a court finally awards or that are included in a settlement approved by ConvergeOne, provided that ConvergeOne: promptly notifies End User in writing of the claim; and allows End user to control, and cooperates with End User in, the defense and any related settlement.
BY END USER. If End User terminates Support Services for its convenience, End User’s sole and exclusive remedy and SUPPLIERS’s sole and exclusive obligation shall be to grant End User a credit that corresponds to the period between the effective date of the termination for convenience and the end of the then current Support Services period. Such credit may only be used against future purchases of Products or Support Services from SUPPLIERS and may be reduced to recapture unearned discounts (meaning discounts to a Support Services fee that were based on an End User obligation that can no longer be fulfilled due to the termination).
BY END USER. If End User terminates for its convenience, End User’s sole and exclusive remedy and DELL EMC’s sole and exclusive obligation will be to grant End User a credit that corresponds to the period between the effective date of the termination for convenience and the end of the then current Support Services period. Such credit may only be used against future purchases of Products or Support Services from DELL EMC and may be reduced to recapture unearned discounts (meaning discounts to Support Services fee that were based on a End User obligation that can no longer be fulfilled due to the termination).
