Indemnification by Us. Except during the free test period in Section 1 and subject to the conditions set out below, We undertake to defend You or, at Our option, settle any claim or action brought against You by a third party alleging that Your use of the Software or Services in compliance with this Agreement and the Order Form infringes or misappropriates such third party’s copyright or patent (a “Claim Against You”), and will indemnify You for any damages finally awarded against You by a court of competent jurisdiction, or for amounts paid by You under a court-approved settlement or a settlement of a Claim Against You by Us, provided You: a. provide Us with prompt written notice of the Claim Against You, x. xxxxx Us sole control of the defense and settlement of the Claim Against You, c. do not enter into any settlement or compromise of any such Claim Against You without Our prior written consent,
Appears in 4 contracts
Samples: Terms and Conditions for Software and Services, Terms and Conditions for Software and Services, Terms and Conditions for Software and Services
Indemnification by Us. 6.1.1 Except during the free test period in Section 1 and subject to the conditions set out below, We undertake to defend You or, at Our option, settle any claim or action brought against You by a third party alleging that Your use of the Software or Services in compliance with this Agreement and the Order Form infringes or misappropriates such third party’s copyright or patent (a “Claim Against You”), and will indemnify You for any damages finally awarded against You by a court of competent jurisdiction, or for amounts paid by You under a court-approved courtapproved settlement or a settlement of a Claim Against You by Us, provided You:
a. provide Us with prompt written notice of the Claim Against You, x. xxxxx Us sole control of the defense and settlement of the Claim Against You, c. do not enter into any settlement or compromise of any such Claim Against You without Our prior written consent,
Appears in 3 contracts
Samples: Terms and Conditions for Software and Services, Terms and Conditions for Software and Services, Terms and Conditions for Software and Services