Common use of Intellectual Property Infringement Indemnity Clause in Contracts

Intellectual Property Infringement Indemnity. 5.1. XXXXXX will indemnify and defend, at its expense, any action brought against the User to the extent that it is based on a claim that the Firmware infringes any copyright, any trade secret, or a patent or trademark issues or registered by the United States, Japan, or a member of the European Patent Organization, and will pay all damages finally awarded against the User by a court of competent jurisdiction or agreed in settlement, provided that the User gives XXXXXX (i) prompt written notice of the claim, (ii) all requested information and reasonable assistance related to the claim, and (iii) sole authority to defend or settle the claim.

Intellectual Property Infringement Indemnity. 5.1. XXXXXX will indemnify and defend, at its expense, any action brought against the User to the extent that it is based on a claim that the Firmware Software infringes any copyright, any trade secret, or a patent or trademark issues or registered by the United States, Japan, or a member of the European Patent Organization, and will pay all damages finally awarded against the User by a court of competent jurisdiction or agreed in settlement, provided that the User gives XXXXXX (i) prompt written notice of the claim, (ii) all requested information and reasonable assistance related to the claim, and (iii) sole authority to defend or settle the claim.