Infringement Exclusions. An indemnifying Party shall be relieved of its indemnification obligations for any claim under Section 12.2 or Section 12.3 hereunder (an “Infringement Claim”) which arises from or is alleged to arise from:
Infringement Exclusions. ORION shall have no obligation under this Section if and to the extent that such claim arises from (1) any modification of CABS software or the Developed Modification by the COUNTY without ORION's consent and the claim would not have arisen but for such modification; (2) combination of the Developed Modification with products other than those supplied by ORION, and the claim would not have arisen but for such combination; (3) COUNTY's failure to use corrections or enhancements to the Developed Modification(s) made available by ORION which do not materially adversely affect the performance and functionality of the Developed Modifications, where the claim would not have arisen but for such failure. The foregoing represents ORION's entire liability to COUNTY in connection with claims alleging intellectual property infringement.
Infringement Exclusions. Regardless of the foregoing, ATG shall have no liability or obligation to Customer with respect to any claim if such a claim is based on (i) Customer's use of any altered version of the Programs (except for any alteration performed by, or in accordance with written instructions from, ATG), to the extent that Customer's liability for such claim would have been avoided by the use of an unaltered version of the Programs which had been made available by ATG to Customer, (ii) Customer's use of any version of the Programs that is not a supported version (pursuant to Section 1.1(a) of Addendum A of the Agreement), to the extent that Customer's liability for such claim would have been avoided by the use of a more recent and unaltered version of the Programs which had been made available by ATG to Customer, or (iii) the combination, operation, or use of the Programs with other business processes, products, devices, software, hardware or data which was not provided by ATG, to the extent that Customer's liability for such claim would have been avoided in the absence of such combination, operation, or use.
Infringement Exclusions. Notwithstanding the foregoing, Tx3 has no liability or obligation to Customer with respect to any Claim based on (i) use of the Software by Customer in combination with other business processes, products, devices, or software that were not furnished to Customer by Tx3 or included with the Software; (ii) modification or alteration of the Software by Customer or its agents, if the infringement would not have occurred but for the modification or alteration; (iii) use of other than a currently supported, unaltered version of the Software, if the infringement would have been avoided by use of the currently supported unaltered version of the Software, (iv) use of the Software after Tx3 notifies Customer to discontinue use of the Software due to a claim, allegation or proceeding, or (v) use of the Software in excess of the license granted under this Agreement or in violation of the Agreement or applicable Order.
Infringement Exclusions. Notwithstanding the foregoing, Tx3 has no liability or obligation to Customer with respect to any Claim based on (i) use of the Platform by Customer in combination with other business processes, products, devices, or software that were not furnished to Customer by Tx3 or included with the Platform; (ii) modification or alteration of the Platform by Customer or its agents, if the infringement would not have occurred but for the modification or alteration; (iii) use of the Platform in excess of the license granted under this Agreement or in violation of the Agreement or applicable Order; or (iv)
Infringement Exclusions. Notwithstanding the foregoing, Vantage shall have no obligation under Section 7(a) above for any Losses based on: (i) use of the Hosted Services by Customer in combination with other business processes, products, devices, software, services or components which were not furnished to Customer by Vantage, if the infringement would not have occurred but for the combination; (ii) modification or alteration of any Hosted Services by Customer or its agents, if the infringement would not have occurred but for the modification or alteration; (iii) use of the Hosted Services after Vantage notifies Customer to discontinue use of the Hosted Services due to a claim, allegation or proceeding; or (iv) use of the Hosted Services for a purpose other than that for which they were designed or in violation of this Agreement.
