Common use of By Sysdig Clause in Contracts

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 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.respect

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 Sysdig (including reasonable attorneys’ fees) resulting from such Infringement Claim. Sysdig will have no obligation and assumes no liability under this Section 8 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 Infringement Claim but for such combination; (43) to any action arising as a result of Customer Data or any third-party deliverables or components contained within the SaaS Service; (54) if Customer settles or makes any admissions with respect to a claim without Sysdig’s prior written consent; or (65) to any use provided on a no-charge or evaluation basis. THIS SECTION 8 9 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 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 Sysdig (including reasonable attorneys’ fees) resulting from such Infringement Claim. Sysdig will have no obligation and assumes no liability under this Section 8 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 Infringement Claim but for such combination; (43) to any action arising as a result of Customer Data or any third-party deliverables or components contained within the SaaS Service; (54) if Customer settles or makes any admissions with respect to a claim without Sysdig’s prior written consent; or (65) 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.9 SETS