Common use of Embedding or integrating the Software Product Clause in Contracts

Embedding or integrating the Software Product. You may embed or otherwise integrate the Software Product within Your own product or a third party product, provided that: (i) You have validly licensed the Software Product from Xxxxxxxxx Electric or its authorized resellers, and (ii) You perform such embedding or integration in a manner that complies with the Documentation and this XXXX to the extent said Documentation contains any instructions or recommendations in relation therewith, and (iii) You comply - with respect to Your own products and said third party products - with each of the same requirements as set forth hereinabove concerning Authorized Applications; said foregoing requirements shall apply mutatis mutandis to any of Your own products or third party products within which You embed or otherwise integrate the Software Product, and any reference made to the term ‘Authorized Application’ in the foregoing provision shall be deemed for the purpose of this present Section to be a reference to Your own products or third party products embedding or otherwise integrating the Software Product. (iv) You provide Your customer with Your own license agreement to grant the right to use Your own products or the third party products within which You embed or otherwise integrate the Software Product, said license agreement being substantially similar to, but no less restrictive in any way, than this XXXX. (v) You indemnify, hold harmless, and defend Xxxxxxxxx Electric from and against any claims whether based in contract, warranty, tort (including negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, lawsuits, including attorneys' fees, loss of data, or for any other pecuniary or non-pecuniary loss or damage that arise or result from You embedding the Software Product or otherwise integrate the Software Product within Your own product or a third party product, provided however that Your contractual obligation of indemnification shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to Xxxxxxxxx Electric’s fault or to strict liability imposed upon Xxxxxxxxx Electric under applicable law (on either federal or state level, when applicable); the foregoing obligation of indemnification shall survive the expiry or termination of this XXXX; and (vi) You otherwise comply with the terms of this XXXX.

Embedding or integrating the Software Product. You may embed or otherwise integrate the Software Product within Your own product or a third party product, provided that: (i) You have validly licensed the Software Product from Xxxxxxxxx Electric or its authorized resellers, and (ii) You perform such embedding or integration in a manner that complies with the Software Documentation and this XXXX to the extent said Documentation documentation contains any instructions or recommendations in relation therewith, and (iii) You comply - with respect to Your own products and said third party products - with each of the same requirements as set forth hereinabove concerning Authorized Applications; said foregoing requirements shall apply mutatis mutandis to any of Your own products or third party products within which You embed or otherwise integrate the Software Product, and any reference made to the term ‘Authorized Application’ in the foregoing provision shall be deemed for the purpose of this present Section section to be a reference to Your own products or third party products embedding or otherwise integrating the Software Product. (iv) You provide Your customer with Your own license agreement to grant the right to use Your own products or the third party products within which You embed or otherwise integrate the Software Product, said license agreement being substantially similar to, but no less restrictive in any way, than this XXXX. (v) You indemnify, hold harmless, and defend Xxxxxxxxx Electric from and against any claims whether based in contract, warranty, tort (including negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, lawsuits, including attorneys' fees, loss of data, or for any other pecuniary or non-non pecuniary loss or damage that arise or result from You embedding the Software Product or otherwise integrate the Software Product within Your own product or a third party product, provided however that Your contractual obligation of indemnification shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to Xxxxxxxxx Electric’s fault or to strict liability imposed upon Xxxxxxxxx Electric under applicable as a matter of law in any country (on either federal or state level, when applicable); the foregoing obligation of indemnification shall survive the expiry or termination of this XXXX; and (vi) You otherwise comply with the terms of this XXXX.