By Lacework. Lacework will defend, indemnify, and hold Customer and its Affiliates harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim brought by a third party alleging that the Service infringes a copyright, trademark, or U.S. patent, or misappropriates a trade secret. Notwithstanding the foregoing, Lacework will have no obligation with respect to any infringement claim based upon (a) any use of the Service that is not in accordance with this Agreement or the corresponding Documentation; (b) any use of the Service in combination with other products or services not provided by Lacework if such infringement would not have arisen but for such combination; or (c) any modification of the Service if such infringement would not have arisen but for such modification. If Customer’s use of the Service is, or in Lacework’s opinion may become, enjoined as a result of an infringement claim, or if Lacework determines such actions are reasonably necessary to avoid liability, Lacework may, at its option and expense, either (i) procure for Customer the right to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing and remains functionally equivalent; or (iii) if, despite its commercially reasonable efforts, Lacework is unable to do either (i) or (ii), Lacework will terminate the rights herein and pay to Customer a prorated refund of Fees pre-paid to Lacework for the Service for the remainder of the Subscription Term. This Section 11.2 states Lacework’s entire liability, and Customer’s sole and exclusive remedy, for infringement claims and actions.
By Lacework. Lacework will defend, indemnify, and hold Customer and its Affiliates harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim brought by a third party alleging that the Service infringes a copyright, trademark, or U.S. patent, or misappropriates a trade secret. Notwithstanding the foregoing, Lacework will have no obligation with respect to any infringement claim based upon: (a) any use of the Service that is not in accordance with this Agreement or the corresponding Documentation; (b) any use of the Service in combination with other products or services not provided by Lacework if such infringement would not have arisen but for such combination; or (c) any modification of the Service if such infringement would not have arisen but for such modification. If Customer’s use of the Service is, or in Lacework’s opinion may become, enjoined as a result of an infringement claim, or if Lacework determines such actions are reasonably necessary to avoid liability, Lacework may, at its option and expense, either:
