By Sysdig. Sysdig shall defend Customer from and against any claim by a third party alleging that the Service when used as authorized under this Agreement infringes any trademark or copyright of such third party, enforceable in the jurisdiction of Customer’s use of the SaaS Service, or misappropriates a trade secret (but only to the extent that such misappropriation is not a result of Customer’s actions) (“Infringement Claim”) and shall indemnify and hold harmless Customer from and against any damages and costs awarded against Customer by a court of competent jurisdiction or agreed in settlement by Sysdig (including reasonable attorneys’ fees) resulting from such Infringement Claim. Sysdig will have no obligation and assumes no liability under this Section 8 or otherwise with respect to any claim based on: (1) if the Service is modified by any party other than Sysdig, but solely to the extent the alleged infringement is caused by such modification; (2) if the Service is combined, operated or used with any Customer Data or any Customer or third party products, services, hardware, data, content, or business processes not provided by Sysdig where there would be no infringement Claim but for such combination; (4) to any action arising as a result of Customer Data or any third-party deliverables or components contained within the Service; (5) if Customer settles or makes any admissions with respect to a claim without Sysdig’s prior written consent; or (6) to any use provided on a no-charge or evaluation basis. THIS SECTION 8 SETS FORTH SYSDIG’S AND ITS SUPPLIERS’ SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
By Sysdig. Sysdig shall defend Customer from and against any claim by a third party alleging that the Software, when used as authorized under this Agreement, infringes any trademark or copyright of such third party, enforceable in the jurisdiction of Customer’s use of the Software, or misappropriates a trade secret (but only to the extent that such misappropriation is not a result of Customer’s actions) (“Infringement Claim”) and shall indemnify and hold harmless Customer from and against any damages and costs awarded against Customer by a court of competent jurisdiction or agreed in settlement by Sysdig (including reasonable attorneys’ fees) resulting from such Infringement Claim, provided that Customer: (a) promptly provides Sysdig with a written notice of the Infringement Claim; (b) allows Sysdig sole control of the defense and settlement of the Infringement Claim; and (c) reasonably cooperated in response to Sysdig’s requests for assistance and information. The Customer may participate in the defense of the Infringement Claim, at the Customer’s sole expense (not subject to reimbursement). Customer will not, without Sysdig’s prior written consent, make any admission or prejudicial statement, settle, compromise or consent to the entry of any judgement with respect to any pending or threatened Infringement Claim.
By Sysdig. Sysdig shall defend Customer from and against any claim by a third party alleging that the Software, when used as authorized under this Agreement, infringes any trademark or copyright of such third party, enforceable in the jurisdiction of Customer’s use of the Software, or misappropriates a trade secret (but only to the extent that such misappropriation is not a result of Customer’s actions) (“Infringement Claim”) and shall indemnify and hold harmless Customer from and against any damages and costs awarded against Customer by a court of competent jurisdiction or agreed in settlement by Sysdig (including reasonable attorneys’ fees) resulting from such Infringement Claim, provided Sysdig, Inc. |135 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000 | 415-872-9473 | xxx.xxxxxx.xxx
By Sysdig. Sysdig shall defend Customer from and against any claim by a third party alleging that the SaaS Service when used as authorized under this Agreement infringes any trademark or copyright of such third party, enforceable in the jurisdiction of Customer’s use of the SaaS Service, or misappropriates a trade secret (but only to the extent that such misappropriation is not a result of Customer’s actions) (“Infringement Claim”) and shall indemnify and hold harmless Customer from and against any damages and costs awarded against Customer by a court of competent jurisdiction or agreed in settlement by Xxxxxx (including reasonable attorneys’ fees) resulting from such Infringement Claim. Sysdig will have no obligation and assumes no liability under this Section 9 or otherwise with respect to any claim based on: (1) if the SaaS Service is modified by any party other than Sysdig, but solely to the extent the alleged infringement is caused by such modification; (2) if the SaaS Service is combined, operated or used with any Customer Data or any Customer or third party products, services, hardware, data, content, or business processes not provided by Sysdig where there would be no Infringement Claim but for such combination;
By Sysdig. Sysdig shall hold Customer harmless from liability of unaffiliated parties resulting from infringement of the SaaS Service of any copyright enforceable in the jurisdiction of Customer’s use of the SaaS Service, or misappropriates a trade secret (but only to the extent that such misappropriation is not a result of Customer’s actions) (“Infringement Claim”) , provided Sysdig is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume control over defense and settlement. Sysdig will have no obligation and assumes no liability under this Section 9 or otherwise with respect to any claim based on: (a) if the Service is modified by any party other than Sysdig, but solely to the extent the alleged infringement is caused by such modification; (b) if the Service is combined, operated or used with any Customer Data or any Customer or third party products, services, hardware, data, content, or business processes not provided by Sysdig; (c) to any action arising as a result of Customer Data or any third-party deliverables or components contained within the Service;
