Claims for Which IBM Clause Samples

Claims for Which IBM is Not Responsible a. anything provided by Customer or a third party on Customer’s behalf that is incorporated into a Product or IBM’s compliance with any designs, specifications, or instructions provided by Customer or a third party on Customer’s behalf; b. modification of a Product by Customer or a third party on Customer’s behalf; c. a Product’s use other than in accordance with its applicable licenses and restrictions or use of a non- current version or release of a Product, when a claim could have been avoided or the risk of a claim reduced by using the current version or release; d. the combination, operation, or use of the Product with any program, hardware device, data, apparatus, method, or process; e. the distribution, operation, or use of the Product outside Customer’s Enterprise or for the benefit of any third party; or f. Separately Licensed Code, if any, as identified in the LI for the Product. The LI for the Product or other documents may permit Customer to copy, modify, or redistribute all or portions of the Product without paying additional licensing fees to IBM. The indemnification obligation under this Agreement only applies to copies of the Product provided to Customer by IBM and additional copies expressly authorized in a ▇▇▇. IBM has no obligation for claims relating to copies of the Product neither provided by IBM nor specifically authorized by a ▇▇▇, even if permitted by the LI for the Product or other documents. This Intellectual Property Protection section states IBM’s entire obligation and Customer’s exclusive remedy regarding any third party intellectual property claims. This Intellectual Property section does not obligate in any manner any third-party supplier of code (including Separately Licensed Code) included with or part of the Product.