Indemnity and Remedies. 10.1 You hereby indemnify (agree to compensate), and agree to defend and hold Reality Check and Reality Check’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement or claims arising directly or indirectly from your use or misuse of the App (which also includes Virtual Items), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this Terms of Use Agreement. You shall fully cooperate with Reality Check in the defence of any such claim and Reality Check reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. 10.2 You further agree that the subject matter of this Terms of Use Agreement is of a unique character with special value and that Reality Check would be irreparably damaged if the terms of this Terms of Use Agreement were not specifically enforced, and therefore you agree that Reality Check shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Terms of Use Agreement, in addition to such other remedies as Reality Check may otherwise have available to it under applicable laws. 10.3 Reality Check's licensors shall be third-party beneficiaries under this Terms of Use Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Appears in 2 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement
Indemnity and Remedies. 10.1 9.1 You hereby indemnify (agree to compensate)indemnify, and agree to defend and hold Reality Check harmless KHB-Soft and Reality CheckKHB-Soft’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "“Indemnified Parties"”) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement XXXX or claims arising directly or indirectly from your use or misuse of the App Game (which also includes Virtual Itemsthe Online Service), any User Content (as defined below) and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this Terms of Use AgreementXXXX. You shall fully cooperate with Reality Check KHB-Soft in the defence of any such claim and Reality Check KHB-Soft reserves the right, at our KHB-Soft’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10.2 9.2 You further agree that the subject matter of this Terms of Use Agreement XXXX is of a unique character with special value and that Reality Check KHB-Soft would be irreparably damaged if the terms of this Terms of Use Agreement XXXX were not specifically enforced, and therefore you agree that Reality Check KHB-Soft shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Terms of Use AgreementXXXX, in addition to such other remedies as Reality Check KHB-Soft may otherwise have available to it under applicable laws.
10.3 Reality Check's 9.3 KHB-Soft’s licensors shall be third-party beneficiaries under this Terms of Use Agreement XXXX and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Appears in 1 contract
Samples: End User License Agreement
Indemnity and Remedies. 10.1 11.1 You hereby indemnify (agree to compensate), and agree to defend and hold Reality Check harmless IQ Clash and Reality CheckIQ Clash’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement XXXX or claims arising directly or indirectly from your use or misuse of the App the Games (which also includes Virtual Items), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this Terms of Use AgreementXXXX. You shall fully cooperate with Reality Check IQ Clash in the defence of any such claim and Reality Check IQ Clash reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10.2 11.2 You further agree that the subject matter of this Terms of Use Agreement XXXX is of a unique character with special value and that Reality Check IQ Clash would be irreparably damaged if the terms of this Terms of Use Agreement XXXX were not specifically enforced, and therefore you agree that Reality Check IQ Clash shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Terms of Use AgreementXXXX, in addition to such other remedies as Reality Check IQ Clash may otherwise have available to it under applicable laws.
10.3 Reality Check11.3 IQ Clash's licensors shall be third-party beneficiaries under this Terms of Use Agreement XXXX and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Appears in 1 contract
Samples: End User License Agreement