Common use of Exclusions from PTC’s Obligation to Indemnify Customer Clause in Contracts

Exclusions from PTC’s Obligation to Indemnify Customer. PTC shall have no liability to Customer under Section 5.1 hereof or otherwise to the extent that any infringement or claim thereof is based upon: (a) use of the Licensed Product in combination with equipment or software not supplied hereunder where the Licensed Product itself would not be infringing; (b) use of the Licensed Product in an application or environment for which it was not designed or not contemplated under this Agreement; (c) use of other than a current release of the Licensed Product(s) provided to Customer; (d) modification of the Licensed Product by anyone other than PTC or its employees or agents; or (e) any claims of infringement of any patent, copyright, trade secret, trademark or other proprietary right in which Customer has an interest.

Appears in 12 contracts

Samples: PTC Customer Agreement, PTC Customer Agreement, PTC Customer Agreement

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Exclusions from PTC’s Obligation to Indemnify Customer. PTC shall have no liability to Customer under Section 5.1 6.1 hereof or otherwise to the extent that any infringement or claim thereof is based upon: (a) use of the Licensed Product in combination with equipment or software not supplied hereunder where the Licensed Product itself would not be infringing; (b) compliance with designs, plans, instructions, or specifications provided by Customer; (c) use of the Licensed Product in an application or environment for which it was not designed or not contemplated under this Agreement; (cd) use of other than a current release of the Licensed Product(s) provided to Customer; (de) modification of the Licensed Product by anyone other than PTC or its employees or agents; or (ef) any claims of infringement of any patent, copyright, trade secret, trademark or other proprietary right in which Customer has an interest.

Appears in 6 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Exclusions from PTC’s Obligation to Indemnify Customer. PTC shall have no liability to Customer under Section 5.1 7.1 hereof or otherwise to the extent that any infringement or claim thereof is based upon: (a) use of the Licensed Product in combination with equipment or software not supplied hereunder where the Licensed Product itself would not be infringing; (b) compliance with designs, plans, instructions, or specifications provided by Customer; (c) use of the Licensed Product in an application or environment for which it was not designed or not contemplated under this Agreement; (cd) use of other than a current release of the Licensed Product(s) provided to Customer; (de) modification of the Licensed Product by anyone other than PTC or its employees or agents; or (ef) any claims of infringement of any patent, copyright, trade secret, trademark or other proprietary right in which Customer has an interest.

Appears in 1 contract

Samples: Customer Agreement

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