Common use of Future Advertising Clause in Contracts

Future Advertising. Neither Buyer nor any other person or entity is as a result of Buyer’s purchase of the Product acquiring any license or other rights in and to the software (if any) in the Product which enables or may enable the Product to display adver- tising. Arachnid may (but is not hereby obligated to do so) enter into arrangements with the owner/ licensee of a Product pursuant to which the Product may display advertisements; provided, that in the event any such arrangements are made, then (i) any such license to use the software in the Product for any purpose other than game operation shall be terminable at will by Arachnid and Sections 2, 4, 5 and 6 of this Agreement shall apply with respect to that license (and for such purpose, the phrase “Game Software” as used in this Agreement shall also refer to the software of the Product to the extent used in connection with advertising displayed by the Product), and ii) Arachnid shall not be liable to Buyer for, and Buyer shall indemnify and hold Arachnid harmless against and shall upon request defend Arachnid against, any claims, losses, damages, costs or expenses arising out of or in connection with any such advertising, including without limitation claims for infringement of copyright, tradename, trademark or service mark, and defamation claims.

Future Advertising. Neither Buyer nor any other person or entity is as a result of Buyer’s purchase of the Product acquiring any license or other rights in and to the software (if any) in the Product which enables or may enable the Product to display adver- tisingadvertising. Arachnid may (but is not hereby obligated to do so) enter into arrangements with the owner/ licensee of a Product pursuant to which the Product may display advertisements; provided, that in the event any such arrangements are made, then (i) any such license to use the software in the Product for any purpose other than game operation shall be terminable at will by Arachnid and Sections 2, 4, 5 and 6 of this Agreement shall apply with respect to that license (and for such purpose, the phrase “Game Software” as used in this Agreement shall also refer to the software of the Product to the extent used in connection with advertising displayed by the Product), and ii) Arachnid shall not be liable to Buyer for, and Buyer shall indemnify and hold Arachnid harmless against and shall upon request defend Arachnid against, any claims, losses, damages, costs or expenses arising out of or in connection with any such advertising, including without limitation lim- itation claims for infringement of copyright, tradename, trademark or service mark, and defamation claims.