Common use of Copyright and Patent Indemnity Clause in Contracts

Copyright and Patent Indemnity. CFMS represents and warrants to the Customer that, having made due diligent enquiry, it is not aware that the Product(s) Licensed in this Agreement and in any applicable schedule infringe any patent, copyright, trade secret, trademark or other intellectual property right. In the event any legal proceedings are brought against Customer claiming an infringement of the above based on Customer’s use of the Product(s), CFMS agrees to defend at CFMS ’s own expense any such legal proceedings relating to such claim or claims and to hold Customer harmless from any damages incurred or awarded as the result of settlement or judgement against the Customer and agrees to indemnify Customer for costs which Customer incurred as a result of assisting CFMS in defending any law suit of this nature, provided Customer gives CFMS prompt written notice within thirty (30) days of any such claim or of the institution of any such claims against Customer, and further Customer gives CFMS complete control over and co-operates fully with CFMS , at CFMS ’s option, to settle or defend such claims. CFMS shall have no obligation with respect to any claim or suit based upon Customer’s modification of the Product(s) or its operation in any manner other than that specified in the documentation for any such affected Product.