Common use of Defense of Infringement Claims Clause in Contracts

Defense of Infringement Claims. Xxxxxx will, at its expense, either defend You from or settle any claim, proceeding, or suit brought by a third party against You alleging that Your use of the Software infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right ("Infringement Claim"). You must (i) give Xxxxxx prompt written notice of the Infringement Claim; (ii) grant Ivanti full and complete control over the defense and settlement of the Infringement Claim; (iii) provide assistance in connection with the defense and settlement of the Infringement Claim as Ivanti may reasonably request; (iv) comply with any settlement or court order made in connection with the Infringement Claim; and (v) not make any admission of liability, agreement or compromise in relation to the Infringement Claim nor defend or settle any Infringement Claim without Xxxxxx’s prior written consent. You may participate in the defense of the Infringement Claim at Your own expense and with counsel of Your own choosing, subject to Xxxxxx’s sole control over the defense and settlement of the Infringement Claim as provided above.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Defense of Infringement Claims. Xxxxxx will, at its expense, either defend You from or settle any claim, proceeding, or suit brought by a third party against You alleging that Your use of the Software infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right ("Infringement Claim"). You must (i) give Xxxxxx prompt written notice of the Infringement Claim; (ii) grant Ivanti full and complete control over the defense and settlement of the Infringement Claim; (iii) provide assistance in connection with the defense and settlement of the Infringement Claim as Ivanti may reasonably request; and (iv) comply with any settlement or court order made in connection with the Infringement Claim; and (v) . You will not make any admission of liability, agreement or compromise in relation to the Infringement Claim nor defend or settle any Infringement Claim without Xxxxxx’s prior written consent. You may participate in the defense of the Infringement Claim at Your own expense and with counsel of Your own choosing, subject to Xxxxxx’s sole control over the defense and settlement of the Infringement Claim as provided above.

Appears in 1 contract

Samples: Software License Agreement

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Defense of Infringement Claims. Xxxxxx will, at its expense, either defend You you from or settle any claim, proceeding, or suit brought by a third party against You you alleging that Your your use of the Software or SaaS Offering infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right ("Infringement Claim"). You must (ia) give Xxxxxx us prompt written notice of the Infringement Claim; (iib) grant Ivanti us full and complete control over the defense and settlement of the Infringement Claim; (iiic) provide assistance in connection with the defense and settlement of the Infringement Claim as Ivanti may reasonably request; and (ivd) comply with any settlement or court order made in connection with the Infringement Claim; and (v) . You will not make any admission of liability, agreement or compromise in relation to the Infringement Claim nor defend or settle any Infringement Claim without Xxxxxx’s prior written consent. You may participate in the defense of the Infringement Claim at Your your own expense and with counsel of Your your own choosing, subject to Xxxxxx’s sole control over the defense and settlement of the Infringement Claim as provided above.

Appears in 1 contract

Samples: Software License Agreement

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