Common use of By Exasol Clause in Contracts

By Exasol. Exasol will indemnify, hold harmless and defend Customer from and against all losses, including reasonable attorney’s fees, incurred by Customer resulting from a claim by a third party alleging that the Exasol Materials, used in accordance with the Agreement, infringe a third party’s US intellectual property right. Exasol will not indemnify if the claim is attributable to: (a) use of the Exasol Materials outside the purpose, scope, or manner of use permitted by this MLSA or inconsistent with the Documentation or contrary to Exasol’s reasonable instructions; (b) modifications to the Exasol Materials or other than (i) by Exasol in connection with the Agreement or (ii) with Exasol’s express written authorization and in strict accordance with Exasol’s written directions and specifications; (c) use of the Exasol Materials with any technology not provided or approved by Exasol, or with third-party services or technology where the infringement would not have occurred but for such combination; (d) Customer’s continued use of the Exasol Materials, or other allegedly infringing activity, after receiving notice of an alleged infringement or other violation of third party’s rights; (e) any Third Party Components; (f) use of a version of the Software other than the most current version or failure to timely implement any maintenance release, modification, updated, or replacement of the Software made available by Exasol; (g) provision or use of Software under a Test and Development License; (h) negligence or misuse of the Exasol Materials by Customer; (i) events or circumstances outside of Exasol’s commercially reasonable control (including any third-party hardware, software, or system bugs, defects, or malfunctions); or (j) claims or losses for which Customer is obligated to indemnify Exasol hereunder.

By Exasol. Exasol will indemnify, hold harmless and defend Customer from and against all losses, including reasonable attorney’s fees, incurred by Customer resulting from a claim by a third party alleging that the Exasol Materials, used in accordance with the Agreement, infringe a third party’s UK or US intellectual property right. Exasol will not indemnify if the claim is attributable to: (a) use of the Exasol Materials outside the purpose, scope, or manner of use permitted by this MLSA MSA or inconsistent with the Documentation or contrary to ExasolXxxxxx’s reasonable instructions; (b) modifications to the Exasol Materials or other than (i) by Exasol in connection with the Agreement or (ii) with Exasol’s express written authorization and in strict accordance with Exasol’s written directions and specifications;with (c) use of the Exasol Materials with any technology not provided or approved by Exasol, or with third-party third−party services or technology where the infringement would not have occurred but for such combination; (d) Customer’s continued use of the Exasol Materials, or other allegedly infringing activity, after receiving notice of an alleged infringement or other violation of third party’s rights; (e) any Third Party Third−Party Components; (f) use of a version of the Software other than the most current version or failure to timely implement any maintenance release, modification, updated, or replacement of the Software made available by Exasol; (g) provision or use of Software under a Test and Development Non−production License; (h) negligence or misuse of the Exasol Materials by Customer; (i) events or circumstances outside of Exasol’s commercially reasonable control (including any third-party third−party hardware, software, or system bugs, defects, or malfunctions); or (j) claims or losses for which Customer is obligated to indemnify Exasol hereunder.

By Exasol. Exasol will indemnify, hold harmless and defend Customer from and against all losses, including reasonable attorney’s fees, incurred by Customer resulting from a claim by a third party alleging that the Exasol Materials, used in accordance with the Agreement, infringe a third party’s UK or US intellectual property right. Exasol will not indemnify if the claim is attributable to: (a) use of the Exasol Materials outside the purpose, scope, or manner of use permitted by this MLSA MSA or inconsistent with the Documentation or contrary to Exasol’s reasonable instructions; (b) modifications to the Exasol Materials or other than (i) by Exasol in connection with the Agreement or (ii) with Exasol’s express written authorization and in strict accordance with Exasol’s written directions and specifications; (c) use of the Exasol Materials with any technology not provided or approved by Exasol, or with third-party services or technology where the infringement would not have occurred but for such combination; (d) Customer’s continued use of the Exasol Materials, or other allegedly infringing activity, after receiving notice of an alleged infringement or other violation of third party’s rights; (e) any Third Third-Party Components; (f) use of a version of the Software other than the most current version or failure to timely implement any maintenance release, modification, updated, or replacement of the Software made available by Exasol; (g) provision or use of Software under a Test and Development Non-production License; (h) negligence or misuse of the Exasol Materials by Customer; (i) events or circumstances outside of Exasol’s commercially reasonable control (including any third-party hardware, software, or system bugs, defects, or malfunctions); or (j) claims or losses for which Customer is obligated to indemnify Exasol hereunder.