Common use of Indemnification by BMC Clause in Contracts

Indemnification by BMC. If a third party asserts a claim against Customer asserting that Customer’s use of the Subscription Services, including Platform Services, Deliverables and Licenses as defined in the Attachments to this Agreement, in accordance with this Agreement violates that third-party’s patent, trade secret or copyright rights (“Infringement Claim”), then BMC will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Subscription Services, including court costs and reasonable attorney’s fees. If BMC believes the Subscription Services may violate a right, then BMC will, at its expense: (a) modify the Subscription Services, or (b) procure the right to continue using the Subscription Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Subscription Services and issue a pro-rata refund for the unexpired pre-paid portion of such Subscription Services.

Indemnification by BMC. If a third party asserts a claim against Customer asserting that Customer’s use of the Subscription Services, including Platform Services, Deliverables and Licenses as defined in the Attachments to this Agreement, in accordance with this Agreement violates that third-party’s patent, trade secret or copyright rights (“Infringement Claim”), then BMC will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Subscription ServicesServices or Deliverables, including court costs and reasonable attorney’s fees. If BMC believes the Subscription Services may violate a right, then BMC will, at its expense: (a) modify the Subscription Services, or (b) procure the right to continue using the Subscription Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Subscription Services and issue a pro-rata refund for the unexpired pre-paid portion of such Subscription Services.

Indemnification by BMC. If a third party asserts a claim against Customer asserting that Customer’s use of the Subscription Services, including Platform Services, Deliverables and Licenses as defined in the Attachments to this Agreement, in accordance with this Agreement violates that third-third- party’s patent, trade secret or copyright rights (“Infringement Claim”), then BMC will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Subscription ServicesServices or Deliverables, including court costs and reasonable attorney’s fees. If BMC believes the Subscription Services may violate a right, then BMC will, at its expense: (a) modify the Subscription Services, or (b) procure the right to continue using the Subscription Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Subscription Services and issue a pro-rata refund for the unexpired pre-paid portion of such Subscription Services.