Common use of Indemnification by MicroStrategy Clause in Contracts

Indemnification by MicroStrategy. We will defend you (and your Affiliates, directors, officers, employees and agents), at our expense, from Claims and will indemnify and hold you (and your Affiliates, directors, officers, employees and agents) harmless against Losses incurred by you in connection with such third party Claims, but solely to the extent such third party Claims arise from an allegation that your use of the MicroStrategy Products as contemplated hereunder infringes a third party’s intellectual property rights, or death, bodily harm, or damage to tangible personal property due to our personnel's gross negligence or willful misconduct in providing Services on your premises to you. However, we will have no indemnification obligations to you if the Claim or Loss arises from (i) any access, use, reproduction, distribution or modification of any MicroStrategy Product in a manner not authorized under the Agreement or in violation of law; (ii) our use of materials or data (including Customer Data) provided by you or a third party in the manner permitted under the Agreement; (iii) your use of the MicroStrategy Products in combination with any other product or service not provided by us; (iv) your use of a prior version of the MicroStrategy Products; and (v) your use of any Evaluation Product.