Common use of Indemnification By Comodo Clause in Contracts

Indemnification By Comodo. Comodo hereby agrees to indemnify, defend and hold harmless You (an “Indemnified Person”), from and against, any and all Losses incurred by You in connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the extent such Claim arises out of or results from Comodo’s direct infringement or misappropriation of a trade secret of a third party or of any U.S. patent, registered copyright, or registered trademark (“Intellectual Property Infringement”) related to the use of the Product. Comodo’s indemnification obligations shall not apply to the extent any such infringement or misappropriation is the result of: (a) Your independent modification of the Product, or any other product, software or service provided under this agreement where without such modification the Product or other product would not infringe, (b) Your combination of the Product or any other product, software or service provided under this agreement with any other product, or use with any other product, (c) Comodo’s adherence to Your express written instructions where such instructions and any modifications, changes or combinations made as a result of said instructions are solely responsible for the claim of infringement, (d) any Claim based on open source software or other third party code included with the Product, (e) any unauthorized use of the Product, or (f) use of the Product other than in accordance with the Documentation (any applicable administration guide for the current version of the Product).

Indemnification By Comodo. Comodo hereby agrees to indemnify, defend and hold harmless You (an “Indemnified Person”), from and against, any and all Losses incurred by You in connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the extent such Claim arises out of or results from Comodo’s direct infringement or misappropriation of a trade secret of a third party or direct infringement of any U.S. patent, registered copyright, or registered trademark (“Intellectual Property Infringement”) related to the use of the Product. Comodo’s indemnification obligations shall not apply to the extent any such infringement or misappropriation is the result of: (a) Your independent modification of the Product, or any other product, software or service provided under this agreement where without such modification the Product or other product would not infringe, (b) Your combination of the Product or any other product, software or service provided under this agreement with any other product, or use with any other product, (c) Comodo’s adherence to Your express written instructions where such instructions and any modifications, changes or combinations made as a result of said instructions are solely responsible for the claim of infringement, (d) any Claim based on open source software or other third party code included with the Product, (e) any unauthorized use of the Product, or (f) use of the Product other than in accordance with the Documentation (any applicable administration guide for the current version of the Product).