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: License Agreement, PTC Customer Agreement, PTC Customer Agreement
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 for PTC Products, Customer Agreement for PTC Products
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 for PTC Products