Indemnification by AuthenTec Clause Samples

Indemnification by AuthenTec. AuthenTec agrees to indemnify, defend and hold harmless Apple and its Affiliates and each of Apple’s and each of its Affiliates’ respective officers, directors, employees, agents, representatives, suppliers, licensees, resellers, distributors, customers, successors and assigns (“Apple Indemnified Parties”) from and against all claims, losses, liabilities, damages, settlements, costs and expenses (including reasonable fees and expenses of attorneys incurred in connection with the investigation or defense of any actions) arising out of or resulting from any third party claims brought or made against any of the Apple Indemnified Parties alleging that the Commercialization of any Hardware Technology or Hardware Improvements (in the case Apple exercises the Hardware and Patent Acquisition Right) and/or any Software Technology or Software Improvements (in the case Apple exercises the Software and Patent Acquisition Right) (in each of the foregoing cases, (a) either alone or in combination with any other Intellectual Property Rights or Technology and/or (b) as may be altered or modified) infringes or constitutes or results from a misappropriation of any third party Intellectual Property Rights or Technology (each, a “Claim”); provided, however, that such Commercialization of any Hardware Technology, Hardware Improvements, Software Technology and Software Improvements is within the scope of the licenses granted to Apple and its Affiliates under this Agreement.