Common use of Intellectual Property Indemnity Limitations Clause in Contracts

Intellectual Property Indemnity Limitations. THE RIGHTS GRANTED TO CUSTOMER UNDER SECTION 10.1 (“INTELLECTUAL PROPERTY INDEMNITY”) SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND EASYHRWEB’ SOLE OBLIGATION FOR ANY ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. EASYHRWEB SHALL HAVE NO LIABILITY TO CUSTOMER IF ANY ALLEGED INFRINGEMENT OR CLAIM OF INFRINGEMENT IS BASED UPON: (A) ANY MODIFIED SOFTWARE; (B) ANY CUSTOMER OR THIRD PARTY APPLICATION; (C) ANY THIRD PARTY SOFTWARE INCLUDED WITH EASYHRWEB’ SOFTWARE; (D) PROFESSIONAL SERVICES PROVIDED PURSUANT TO ANY AGREEMENT WITH CUSTOMER IN COMPLIANCE WITH CUSTOMER’S DESIGN REQUIREMENTS OR SPECIFICATIONS; OR (E) THE USE OF SOFTWARE OTHER THAN AS PERMITTED UNDER THIS AGREEMENT OR IN A MANNER FOR WHICH IT WAS NOT INTENDED.

Intellectual Property Indemnity Limitations. THE RIGHTS GRANTED TO CUSTOMER UNDER SECTION 10.1 (“INTELLECTUAL PROPERTY INDEMNITY”) SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND EASYHRWEBBLUEFINHR’ SOLE OBLIGATION FOR ANY ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. EASYHRWEB BLUEFINHR SHALL HAVE NO LIABILITY TO CUSTOMER IF ANY ALLEGED INFRINGEMENT OR CLAIM OF INFRINGEMENT IS BASED UPON: (A) ANY MODIFIED SOFTWARE; (B) ANY CUSTOMER OR THIRD PARTY APPLICATION; (C) ANY THIRD PARTY SOFTWARE INCLUDED WITH EASYHRWEBBLUEFINHR’ SOFTWARE; (D) PROFESSIONAL SERVICES PROVIDED PURSUANT TO ANY AGREEMENT WITH CUSTOMER IN COMPLIANCE WITH CUSTOMER’S DESIGN REQUIREMENTS OR SPECIFICATIONS; OR (E) THE USE OF SOFTWARE OTHER THAN AS PERMITTED UNDER THIS AGREEMENT OR IN A MANNER FOR WHICH IT WAS NOT INTENDED.