Common use of Defects of Title Clause in Contracts

Defects of Title. The warranty in section 9.4 shall not apply in case such Claim arises solely as a result of Licensee's use of the Software within one or more of the Covered Countries not in accordance with the provisions of this XXXX and the applicable Documentation, and provided: (a) the alleged or actual infringement was caused by the use of a superseded version of the Software if the infringement would have been avoided by the use of a then-current release of the Software; and (b) the alleged or actual infringement was caused by the modification of the Software by any party other than OT; (c) the alleged or actual infringement was caused by the combination or use of the Software with software, hardware, firmware, data, or technology not licensed to Licensee by OT or approved by OT in writing; or (d) unlicensed activities of the Licensee.

Defects of Title. The warranty in section 9.4 shall not apply in case such Claim arises solely as a result of Licensee's use of the Software within one or more of the Covered Countries not in accordance with the provisions of this XXXX and the applicable Documentation, and provided: in cases where (a) the alleged or actual infringement was caused by the use of a superseded version of the Software if the infringement would have been avoided by the use of a then-current release of the Software; and (b) the alleged or actual infringement was caused by the modification of the Software by any party other than OT; and (c) the alleged or actual infringement was caused by the combination or use of the Software with software, hardware, firmware, data, or technology not licensed to Licensee by OT or approved by OT in writing; or (d) unlicensed activities of the Licensee.