By Palm Sample Clauses

By Palm. Palm shall, at its own expense, defend Licensee against any third party claim brought against Licensee alleging that the Palm Software, Palm End User Documentation or Palm Compatibility Trademarks used within the scope of this Agreement infringe (i) any patents in the U.S., Japan or a member state of the European Union, (ii) any copyrights worldwide, or (iii) any trademarks in any countries in which Palm markets products in connection with the Palm Compatibility Trademarks, or misappropriate any trade secrets of any third party. Palm shall pay any settlements entered into or damages awarded against Licensee to the extent based on such a claim, provided that Palm is promptly notified, rendered reasonable assistance by Licensee as required, and permitted to direct the defense or settlement negotiations. Palm shall have no liability for any infringement arising from: (a) the integration or combination of the Palm Software, Palm End User Documentation or Palm Compatibility Trademarks together with other software, materials or products not integrated or combined by Palm, if the infringement would not have occurred in the absence of such integration or combination and if such infringement would not have occurred in the unmodified or unintegrated Palm Software or Palm End User Documentation; (b) the use of other than a current unaltered release of the software available from Palm, if the infringement would have been avoided by the use of the then-current release, and if Palm has provided such current release to Licensee; or (c) modifications to the Palm Software or Palm End User Documentation requested by Licensee or made by anyone other than Palm, including, but not limited to the Licensee Modifications.
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By Palm. Palm shall, at its own expense, defend and indemnify Licensee for damages and reasonable costs incurred in any suit, claim or proceeding brought against Licensee alleging that the Palm Software, Documentation, or Palm Trademarks licensed pursuant to this Agreement infringe any patents, copyrights, trademarks, trade secrets, proprietary information or other third party intellectual property rights in any of the following countries: United States, Japan, or any member country of the European Union, provided that Palm is promptly notified, rendered reasonable assistance by Licensee as required, and permitted to direct the defense or settlement negotiations. Palm shall have no liability for any infringement arising from: (a) the integration or combination of the Palm Software, Documentation or Palm Trademarks together with other software, materials or products not integrated or combined by Palm, if the infringement would have been avoided in the absence of such integration or combination; (b) the use of other than a current unaltered release of the software available from Palm, if the infringement would have been avoided by the use of the then-current release, and if Palm has provided such current release to Licensee; or (c) modifications to the Palm Software or Documentation requested by Licensee or made by anyone other than Palm or at Palm's direction.
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