Common use of Indemnity by You Clause in Contracts

Indemnity by You. You will indemnify Siemens and its suppliers and contractors and each of their respective em- ployees, officers, directors, and representatives from and against, and, at Siemens’ option, defend Siemens from, any claims, damages, liabilities, losses, costs and expenses (in- cluding reasonable attorney’s fees) arising from or in connec- tion with: (i) Your Content; (ii) any violation of Laws or rights of others by your use of the Services; (iii) any breach by you of the DSMA, (iv) the operation, your combination or use of the Services in conjunction with any of Your Content and/or in conjunction with any Third Party software, materials and/or services; (v) an adjustment or configuration of the Services made by you or a Third Party to which you facilitate or permit access to the Services, including Users; (vi) our compliance with designs, plans or specifications provided to us by you or on your behalf; (vii) any incorrect statements contained in information material which you use or provide to us for use with Third Parties; (viii) any claims by any User or any Third Party to which you facilitate or permit access to the Services; (ix) the use of your trademarks, designations and logos as authorized by you; (x) your use of Siemens’ trademarks, designations and logos in breach of the authori- zation granted to you in an Order Form; and (xi) the use of a Service for the operation of or within a High Risk System, if the functioning of a High Risk System depends on the proper functioning of a Service or a Service caused a High Risk Sys- tem to fail. Section 7.1.1 shall apply mutatis mutandis.

Indemnity by You. You will indemnify Siemens and its suppliers and contractors and each of their respective em- ployeesemployees, officers, directors, and representatives from and against, and, at Siemens’ option, defend Siemens from, any claims, damages, liabilities, losses, costs and expenses (in- cluding including reasonable attorney’s fees) arising from or in connec- tion connection with: (i) Your Content; (ii) any violation of Laws or rights of others by your use of the Services; (iii) any breach by you of the DSMAMMA, (iv) the operation, your combination or use of the Services in conjunction with any of Your Content and/or in conjunction with any Third Party software, materials and/or services; (v) an adjustment or configuration of the Services made by you or a Third Party to which you facilitate or permit access to the Services, including Users; (vi) our compliance with designs, plans or specifications provided to us by you or on your behalf; (vii) any incorrect statements contained in information material which you use or provide to us for use with Third Parties; (viii) any claims by any User or any Third Party to which you facilitate or permit access to the Services; (ix) the use of your trademarks, designations and logos as authorized by you; (x) your use of Siemens’ trademarks, designations and logos in breach of the authori- zation authorization granted to you in an Order Forma Transaction Document; and (xi) the use of a Service for the operation of or within a High Risk System, if the functioning of a High Risk System depends on the proper functioning of a Service or a Service caused a High Risk Sys- tem System to fail. Section 7.1.1 shall apply mutatis mutandis.

Indemnity by You. You will indemnify Siemens our suppliers and its suppliers subcontractors and contractors and each of their respective em- ployeesemployees, officers, directors, and representatives from and against, and, at Siemens’ option, defend Siemens from, any claims, damages, liabilities, losses, costs and expenses (in- cluding including reasonable attorney’s fees) arising from or in connec- tion connection with: (i) Your Content; (ii) any violation of Laws or rights of others such as but not limited to any infringement, misappropriation or violation of any copyright, patent, trade secret, trademark or other intellectual property rights of a Third Party by your use of the Services or the use of your Users or your Affiliates to whom you facilitate or permit access to the Services; (iii) any breach by you of the DSMADSA by you, your Users or your Affiliates to whom you facilitate or permit access to the Services, in particular Section 3.3, 3.4, 3.6, 4.1 and 4.3 of the DSA; (iv) any breach of the Acceptable Use Policy by you, your Users or your Affiliates to whom you facilitate or permit access to the Services; (v) operation, your combination combination, or use of the Services in conjunction with any of Your Content and/or in conjunction with any Third Party software, materials and/or materials, or services; (vvi) an adjustment or configuration of the Services made by you you, your Users or a Third Party your Affiliates to which whom you facilitate or permit access to the Services, including Users; (vivii) our compliance with designs, plans plans, or specifications provided to us by you or on your behalf; (vii) any incorrect statements contained in information material which you use or provide to us for use with Third Parties; (viii) any claims by any User or any Third Party Affiliates to which you facilitate or permit access to the Services; (ix) the use of your trademarks, designations and logos as authorized by you; (x) your use of Siemens’ trademarks, designations designations, and logos in breach of the authori- zation authorization granted to you in an Order Forma Transaction Document; and (xix) the use of a Service for the operation of or within a High Risk System, if the functioning of a High Risk System depends on the proper functioning of a Service or a Service caused a High Risk Sys- tem System to fail. Section 7.1.1 8.1. (i) shall apply mutatis mutandis. For the avoidance of doubt, with regard to the indemnification as stipulated in Section 8.2 (i), (ii), (iii) and (iv) our subcontractor, suppliers and contractors shall be regarded as a third party beneficiary with a direct claim against you.