Indemnity Exclusions. Licensor shall not be liable to the extent any claim regarding Customer's use of the Licensor Software, Software Services and Materials is based upon or attributable to: (a) modifications made by Customer to the Licensor Software, Software Services and Materials or portions thereof; (b) such claim would have been avoided by use of the then current release of the Licensor Software, or Software Services made available to Customer; (c) Customer's continued allegedly infringing activity after being provided with modifications that would have avoided the alleged infringement; or (d) Customer's Output.
Indemnity Exclusions. LICENSOR SHALL NOT BE LIABLE TO THE EXTENT ANY CLAIM REGARDING CUSTOMER’S USE OF THE LICENSOR SOFTWARE, SOFTWARE SERVICES AND MATERIALS IS BASED UPON OR ATTRIBUTABLE TO: (A) MODIFICATIONS MADE BY CUSTOMER TO THE LICENSOR SOFTWARE, SOFTWARE SERVICES AND MATERIALS OR PORTIONS THEREOF; (B) SUCH CLAIM WOULD HAVE BEEN AVOIDED BY USE OF THE THEN CURRENT RELEASE OF THE LICENSOR SOFTWARE, OR SOFTWARE SERVICES MADE AVAILABLE TO CUSTOMER; (C) CUSTOMER’S CONTINUED ALLEGEDLY INFRINGING ACTIVITY AFTER BEING PROVIDED WITH MODIFICATIONS THAT WOULD HAVE AVOIDED THE ALLEGED INFRINGEMENT; OR (D) CUSTOMER’S OUTPUT.
Indemnity Exclusions. Company has no responsibility for claims based on non-Company products and services, items not provided by Company, or any violation of law or third-party rights caused by Client materials, designs, or specifications or Client content.
Indemnity Exclusions. Notwithstanding anything to the contrary herein, the indemnitor shall have no obligation to defend or indemnify the indemnitee for any Infringement Claim to the extent arising out of or relating to (i) modifications to any Item made by or on behalf of the indemnitee where but for such modifications there would have been no Infringement Claim, (ii) any Intellectual Property that is embodied or otherwise included in [*****] as of the Effective Date, (iii) any use of any Service Provider Intellectual Property not in accordance with this Agreement, (iv) any use of the GHX Exchange in combination with other products, equipment, software, or data not supplied by Service Provider if the GHX Exchange can still be used and infringement can be avoided by not using such other product, equipment, software or data, or (v) any use of any release of the GHX Exchange Software or Client Software other than the most current release made available to the Parties and their Members. With respect to Third Party Technology, only the indemnity, if any, given by the developer or manufacturer thereof will apply, and Service Provider shall not be obligated to provide any indemnity hereunder for any third party claim to the extent based on such Third Party Technology.
Indemnity Exclusions. Notwithstanding any provision in this Agreement other than Section 6, the Corporation shall not be obligated under this Agreement to make any indemnification or advances in connection with any claim made against the Indemnitee:
Indemnity Exclusions. The indemnification obligations set forth in Section 7.1 do not apply to Claims to the extent that they arise from: (a) Customer’s use of the Services in violation of this MSA or applicable law; (b) Customer’s negligent acts or omissions; (c) Customer’s use of the Services after AlayaCare notifies Customer to discontinue use because of an infringement claim; or (d) modifications to the Services or use of the Services in combination with any software, application, or service not made or provided by AlayaCare.
Indemnity Exclusions. CELLYNX will have no obligation under Sections 10.1 or 10.2 for any claim of infringement or misappropriation to the extent that it results from: (i) the combination, operation or use of the Products or the Technology with or in equipment, products, or processes not provided by CELLYNX; or (ii) modifications to a CELLYNX Product other than as otherwise approved by CELLYNX. The foregoing clauses (i) and (ii) are referred to collectively as “Indemnity Exclusions”.
Indemnity Exclusions. JetBrains will have no liability for any claims based on:
Indemnity Exclusions. Accuray will have no obligation under Sections 8.1 (Accuray Indemnity) or 8.2 (Products Liability Indemnity) for any third-party claim to the extent that such claim results from: (i) representations from Agent regarding use of any Products not in accordance with Accuray's written product specifications; (ii) representations from Agent regarding use or combination of the Products with other items, such as other equipment, processes, programming applications or materials not furnished by Accuray; (iii) compliance by Accuray with Agent's or Agent's Customer's designs, specifications or instructions; (iv) representations from Agent regarding modifications to a Product other than by or at the express written direction of Accuray; (v) Agent's failure to provide to Customer updated or modified written product specifications provided by Accuray; (vi) Agent's marketing, sale or distribution of a Product other than in accordance with this Agreement or (vii) Agents contracts with other manufacturers, including Elekta and manufacturers of products and services that compete with Accuray. The foregoing clauses (i) to (vii) are referred to collectively as "Indemnity Exclusions".
Indemnity Exclusions. AAI will have no liability for any claim described in Section 6.1 to the extent that it would not have occurred but for: (a) modifications to the Services made by Customer or a party acting on Customer's behalf (other than modifications made at AAI's written direction); (b) the combination, operation or use of the Services with equipment, devices, software or data not supplied by AAI (including, without limitation, using the Services to automate Customer-selected software or processes); (c) Customer’s failure to use updated or modified forms of the Services provided by AAI; (d) Customer’s use of the Services other than in accordance with this CAA; or (e) compliance by AAI with designs, plans or specifications furnished by or on behalf of Customer.
