Clause 9. 1 shall not apply to the extent the IPR Claim in question is attributable to: (a) possession, use, development, modification or retention of the Materials (wholly or in part) by the Customer other than in accordance with this Agreement; (b) the Customer's failure to provide a suitable environment for receiving the Materials, including establishing required connections to the Customer’s systems; or (c) use of the Materials (wholly or in part) in combination with any data not supplied or specified by ICE to the extent that the infringement would have been avoided by the use of the Materials (wholly or in part) not so combined.
Appears in 4 contracts
Samples: Master Licence Agreement, Master License Agreement, Master Licence Agreement
