Customized Content. You may access and use the UPS Technology known as UPS Customized Alerts Functionality to direct UPS to include Your customized content (“Customized Content”) in shipping status messages (e.g., QVN emails, the UPS My Choice® service emails and tracking results displayed on XXX.xxx or the UPS Mobile App) (collectively, “Customized Content Alerts”), related to Tendered Shipments shipped under UPS Account number(s) assigned to You, provided UPS has licensed to You other UPS Technology that provides access to the UPS Customized Alerts Functionality (e.g., the UPS Customized Alert Retail API and the XXX.xxx Alert Customization Tool). You shall not permit or authorize any third party to use or access UPS Customized Alerts Functionality including via any Interfaces or other software developed by You or any third party. You hereby grant UPS a royalty-free, perpetual, non-exclusive license to copy, modify, and make derivative works of Your Customized Content, including, without limitation, any pictures, logos, trademarks, trade dress, service marks, designs and works of authorship contained therein for the purpose of sending the Customized Content Alerts. UPS, at its sole discretion, may reject the Customized Content, whether before or after using such Customized Content in Customized Content Alerts.
Customized Content. Vendor grants Reseller a non-exclusive, royalty-free license and right during the term of this Agreement, to use, reproduce, electronically distribute, publicly display, and publicly perform the Customized Content delivered to Reseller by Vendor only in connection with the Managed Site. Vendor shall indemnify and hold harmless Reseller for any liabilities, losses, damages, costs and expenses (including attorneys' fees and costs) based on any third party claim that Customized Content infringes another's U.S. patent, copyright, trademark, service mark, xx trade secret or that said Customized Content is defamatory or violates another's right to publicity or privacy; provided that Reseller promptly notifies Vendor in writing of the claim and allows Vendor to control, and fully cooperates with Vendor in, the defense and all related settlement negotiations. Vendor shall have no liability for any settlement or compromise made without its consent. Upon notice of an alleged infringement, or if in the Vendor's opinion such a claim is likely, Vendor shall have the right, at its option, to obtain the right for Reseller to continue to exercise the rights granted under this Agreement, substitute other software with similar operating capabilities, or modify the Software so that it is no longer infringing. The foregoing indemnification shall not apply to claims of infringement to the extent they arise by reason of the combination of the software or documentation with any other product if such claim would have been avoided but for such combination.
Customized Content. Client understands and agrees that to the extent it chooses to customize any content or documents made available to job candidates through Talent Management Services, including but not limited to job descriptions, online application instructions and questions, Client is responsible for the content of any such customization. Client acknowledges that any content provided by the Talent Management Services may not be suitable for all situations or in all locations. Client should review applicable laws in the jurisdictions in which Client operates and should consult with its own legal counsel prior to utilizing the services.
