Common use of Copyright Complaints Clause in Contracts

Copyright Complaints. If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing to modify the portion of the Product applicable to the infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.

Copyright Complaints. If 10.1 Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (Infringement Claim), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. liable.‌‌ 10.2 The Licensee must: : (a) promptly notify Nearmap of any such Infringement Claim; ; (b) not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; ; (c) permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and and (d) provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. . 10.3 Nearmap will have no liability for any infringement Infringement Claim: : (a) that arises from any: : (i) use of the Product in violation of this Agreement; ; (ii) modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing to modify the portion of the Product applicable to the infringement Infringement Claim; or or (iii) third-party products, services, hardware, software or other materials, or a combination of these with the Products, which would not be infringing without this combination; or or (b) if the Licensee fails to comply with clause 10.2. . 10.4 To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.Rights.‌‌

Copyright Complaints. If 10.1 Subject to section 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products Products, in accordance with this Licence License, infringes their copyrightcopyright (“Infringement Claim”), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-court- awarded damages for which the Licensee is liable. . 10.2 The Licensee must: : (a) promptly notify Nearmap of any such Infringement Claim; ; (b) not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; ; (c) permit Nearmap to conduct the defence defense of the Infringement Claim including all negotiations for settlement; and and (d) provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Infringement Claim. . 10.3 Nearmap will have no liability for any infringement Infringement Claim: : (a) that arises from any: : (i) use of the Product in violation of this Agreement; ; (ii) modification of the Product by anyone other than Nearmap Nearmap, or a party authorised authorized by Nearmap Nearmap, in writing to modify the portion of the Product applicable to the infringement Infringement Claim; or or (iii) third-party products, services, hardware, software software, or other materials, or a combination of these with the Products, which would not be infringing without this combination; or or (b) if the Licensee fails to comply with clause section 10.2. . 10.4 To the maximum extent permitted by law, this clause section 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Infringement Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.

Copyright Complaints. If 10.1 Subject to clause 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyrightcopyright (Infringement Claim), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. . 10.2 The Licensee must: : (a) promptly notify Nearmap of any such Infringement Claim; ; (b) not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; ; (c) permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and and (d) provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. . 10.3 Nearmap will have no liability for any infringement Infringement Claim: : (a) that arises from any: : (i) use of the Product in violation of this Agreement; ; (ii) modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the infringement Infringement Claim; or or (iii) third-party products, services, hardware, software or other materials, or a combination of these with the Products, which Products would not be infringing without this combination; or or (b) if the Licensee fails to comply with clause 10.2. . 10.4 To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.

Copyright Complaints. If 10.1 Subject to section 9, if any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence License infringes their copyrightcopyright (“Infringement Claim”), Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-court- awarded damages for which the Licensee is liable. . 10.2 The Licensee must: : (a) promptly notify Nearmap of any such Infringement Claim; ; (b) not make any admissions in relation to the Infringement Claim without Nearmap's prior written consent; ; (c) permit Nearmap to conduct the defence of the Infringement Claim including all negotiations for settlement; and and (d) provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Infringement Claim. . 10.3 Nearmap will have no liability for any infringement Infringement Claim: : (a) that arises from any: : (i) use of the Product in violation of this Agreement; ; (ii) modification of the Product by anyone other than Nearmap or a party authorised authorized by Nearmap in writing by Nearmap to modify the portion of the Product applicable to the infringement Infringement Claim; or or (iii) third-party products, services, hardware, software or other materials, or a combination of these with the Products, which Products would not be infringing without this combination; or or (b) if the Licensee fails to comply with clause section 10.2. . 10.4 To the maximum extent permitted by law, this clause section 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Infringement Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.

Copyright Complaints. If any third party brings a Claim against the Licensee alleging that the Licensee’s use of the Products in accordance with this Licence infringes their copyright, Nearmap will defend the Licensee against the Claim and pay any settlement to which Nearmap consents or final court-awarded damages for which the Licensee is liable. The Licensee must: promptly notify Nearmap of any such Claim; not make any admissions in relation to the Claim without Nearmap's prior written consent; permit Nearmap to conduct the defence of the Claim including all negotiations for settlement; and provide Nearmap with any assistance reasonably requested to allow Nearmap to defend the Claim. Nearmap will have no liability for any infringement Infringement Claim: that arises from any: use of the Product in violation of this Agreement; modification of the Product by anyone other than Nearmap or a party authorised by Nearmap in writing to modify the portion of the Product applicable to the infringement Infringement Claim; or third-party products, services, hardware, software or other materials, or a combination of these with the Products, which would not be infringing without this combination; or if the Licensee fails to comply with clause 10.2. To the maximum extent permitted by law, this clause 10 sets out Nearmap’s sole and exclusive liability, and the Licensee’s sole and exclusive remedy, for any third party Claims brought against the Licensee in relation to an infringement of Intellectual Property Rights.