Common use of Customer’s Indemnification Clause in Contracts

Customer’s Indemnification. Customer will indemnify, defend and hold Questionmark, its licensors and each such party's parent organizations, subsidiaries, Affiliates, officers, directors, employees, attorneys and agents (the “Questionmark Indemnified Parties”), harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) (collectively, “Losses”) to the extent arising out of or in connection with (i) Customer’s use of, or the Customer Data used in connection with, the Services (including processing by Questionmark in accordance with this Agreement) and any decisions taken by Customer relating to Users, other than to the extent due to reasons for which Questionmark is providing indemnification in Section 11.2, and (ii) infringement or misappropriation of a patent, copyright, trademark or other similar intellectual property or ownership right of a third party resulting from combination of the Services with Customer Data or any other products, services, or business process(s) used, provided, licensed, or owned by Customer, that would not have occurred but for such combination.

Appears in 8 contracts

Samples: Ondemand Service Terms and Conditions, www.questionmark.com, www.questionmark.com

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Customer’s Indemnification. Customer will indemnify, defend and hold QuestionmarkLicensor, its licensors and each such party's parent organizations, subsidiaries, Affiliates, officers, directors, employees, attorneys and agents (the “Questionmark Licensor Indemnified Parties”), harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) (collectively, “Losses”) to the extent arising out of or in connection with (i) Customer’s use of, or the Customer Data used in connection with, the Services (including processing by Questionmark Licensor in accordance with this Agreement) and any decisions taken by Customer relating to Users, other than to the extent due to reasons for which Questionmark Licensor is providing indemnification in Section 11.2, and (ii) infringement or misappropriation of a patent, copyright, trademark or other similar intellectual property or ownership right of a third party resulting from combination of the Services with Customer Data or any other products, services, or business process(s) used, provided, licensed, or owned by Customer, that would not have occurred but for such combination.

Appears in 1 contract

Samples: Ondemand Service Terms and Conditions

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