Common use of Exclusions from Obligations Clause in Contracts

Exclusions from Obligations. Provider will have no obligation under this Section 9 for any infringement or misappropriation to the extent that it arises out of or is based upon (a) use of the Platform in combination with Customer Data or any other products, services, or materials if such infringement or misappropriation would not have arisen but for such combination; (b) the Platform to the extent it is provided to comply with designs, requirements, or specifications required by or provided by Customer, if the alleged infringement or misappropriation would not have arisen but for the compliance with such designs, requirements, or specifications; (c) use of the Platform by Customer for purposes not intended or outside the scope of the limited right to use the Platform granted to Customer; (d) Customer’s failure to use the Platform in accordance with instructions provided by Provider, if the infringement or misappropriation would not have occurred but for such failure; or (e) any modification of the Platform not made or authorized in writing by Provider where such infringement or misappropriation would not have occurred absent such modification.