By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.
Appears in 44 contracts
Samples: TCK License Agreement, TCK License Agreement, TCK License Agreement
By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.the
Appears in 2 contracts
Samples: TCK License Agreement, Stand Alone TCK License Agreement
By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.
Appears in 1 contract
Samples: TCK License Agreement