By Symantec Sample Clauses

By Symantec. Symantec will defend You against any claims asserting that the Online Services infringe any intellectual property right of a third party, and will pay any and all damages finally awarded by a court and actually paid by You, or agreed to in a final settlement by Symantec and attributable to such claim. Symantec’s obligations under this provision are subject to Your doing the following: notifying Symantec of the claim in writing, as soon as You learn of it; providing Symantec with all reasonable assistance and information to enable Symantec to perform Symantec’s duties under this Section; allowing Symantec sole control of the defense and all related settlement negotiations; and not having compromised or settled such claim. Notwithstanding the foregoing, You may participate at Your expense in the defense of any such claim with Your own counsel, provided that Symantec retains sole control of the claim. You have the right to approve any settlement that affirmatively places on You an obligation that has a material adverse effect on You other than the obligations to cease using the affected Online Service or to pay sums indemnified under this Section. Such approval will not be unreasonably withheld. If the Online Services are found to infringe, or if Symantec determines in Symantec’s sole opinion that the Online Services are likely to be found to infringe, then Symantec will either (i) obtain for You the right to continue to use the Online Services; or (ii) modify the Online Service (including, if applicable, any Service Component(s)) so as to make it non-infringing, or replace it with a non-infringing equivalent substantially comparable in functionality, (and in the case of infringing Service Components, You will stop using any infringing version of such Service Components); or, if Symantec determines in its sole opinion that “(i)” and/or “(ii)” are not reasonable, Symantec may (iii) terminate Your rights and Symantec’s obligations under this Agreement with respect to such Online Services, and in such case shall refund to You the pre-paid fees for the relevant Online Services. Notwithstanding the above, Symantec will not be liable for any infringement claim to the extent that it is based upon: (1) modification of the Online Services other than by Symantec; (2) combination, use, or operation of the Online Services with products not specifically authorized by Symantec to be combined with the Online Services; (3) use of the Online Services other than in accordance ...
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
By Symantec. Symantec shall, at its expense and Quarterdeck's request, defend any claim brought against Quarterdeck and Quarterdeck's affiliates, directors, officers, employees, agents and independent contractors, based on any allegation that Symantec's business practices with respect to the Software are unlawful or unethical, on allegations of Symantec's negligence, recklessness, willful misconduct, on allegations by Marubeni Corporation that Symantec's distribution of Japanese language versions of the Quarterdeck Products violated Marubeni Corporation's rights under the agreement between Quarterdeck and Marubeni dated September 29, 1997, or on allegations that, if true, would constitute a breach of this Agreement, and Symantec will pay any damages awarded by a court of competent jurisdiction in a final, unappealable judgment for such claim or any amount owing in settlement of such claim, provided that Symantec tenders sole control of the defense and settlement of such claim to Quarterdeck and reasonably cooperates in the defense thereof.
Sample 1Sample 2Sample 3
By Symantec. Symantec will defend and indemnify DR, for any third party claims for damages, which arise out of, through no fault of DR: (a) a oneNetwork Affiliate’s use of content provided by Symantec for use in the Symantec oneNetwork Affiliate Program; (b) the infringement of the Symantec Storefront or Symantec Product of any applicable intellectual property right; (c) any misrepresentation by Symantec in the performance of its obligations to DR regarding the DR oneNetwork Services; or (d) any third party claims arising out of the Symantec Program Terms or the Symantec Info-Pack.
Sample 1Sample 2

Related to By Symantec

  • End Users Customer will control access to and use of the Products by End Users and is responsible for any use of the Products that does not comply with this Agreement.

  • Software License Subject to the terms of this Agreement, Viasat grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display the software provided by or on behalf of Viasat (including any updates) only for the purpose of accessing the Service ("Software") on any computer(s) on which you are the primary user or which you are authorized to use. Our Privacy Policies provide important information about the Software applications we utilize. Please read the terms very carefully, as they contain important disclosures about the use and security of data transmitted to and from your computer. Unauthorized copying of the Software, including, without limitation, software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. You may not sublicense, assign, or transfer this license or the Software except as permitted in writing by Viasat. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by Viasat of this Agreement and the license. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Software, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Agreement.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • TECHNICAL SUPPORT SERVICES 2.1 The technical support services (the "Services"): Party A agrees to provide to Party B the relevant services requested by Party B, which are specified in Exhibit 1 attached hereto ("Exhibit 1").

  • Support Services HP’s support services will be described in the applicable Supporting Material, which will cover the description of HP’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported.

  • Hosting 46.7.4.1 At CLEC’s request, SBC-SWBT and SBC-AMERITECH shall perform hosting responsibilities for the provision of billable message data and/or access usage data received from CLEC for distribution to the appropriate billing and/or processing location or for delivery to CLEC of such data via SBC-SWBT’s and SBC-AMERITECH’s internal network or the nationwide CMDS network pursuant to the applicable Appendix HOST, which is/are attached hereto and incorporated herein by reference.

  • Statement of Work The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!