Common use of By PickNik Clause in Contracts

By PickNik. PickNik will defend at its own expense any action against Company brought by a third party to the extent that the action is based upon a claim that the Software provided pursuant to the terms of this Agreement directly infringes upon that third party’s U.S. copyright or misappropriates that third party’s Trade Secret recognized as such under the Uniform Trade Secret Law, and PickNik will pay those costs and damages finally awarded against Company in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action.