Common use of Intellectual Property Liability Clause in Contracts

Intellectual Property Liability. NIJ agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any Japan patent, copyright, or trademark (“Claim”), provided that Customer notifies NIJ immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, grants NIJ and NI sole control over the defense and settlement of the Claim, and cooperates fully with NIJ and NI in preparing a defense for any Claim. NIJ agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. NIJ and NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NIJ and NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Software or Services in accordance with the applicable documentation provided by NIJ or NI; (c) the combination, operation, or use of Hardware, Software or Services with any hardware, software or service not provided by NIJ or NI; (d) the compliance of NI or NIJ with Customer’s specifications or directions, including the incorporation of any software or other materials provided by or requested by Customer; or (e)

Intellectual Property Liability. NIJ NI agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any Japan patent, copyright, or trademark of U.S. and/or People’s Republic of China (“Claim”), provided that . Customer notifies NIJ shall notify NI immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, grants NIJ and shall grant NI sole control over the defense and settlement of the Claim, and cooperates shall cooperate fully with NIJ and NI in preparing a defense for any Claim. NIJ NI agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. NIJ and NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NIJ and NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Software or Services in accordance with the applicable documentation provided by NIJ or NI; (c) the combination, operation, or use of Hardware, Software or Services with any hardware, software or service not provided by NIJ or NI; (d) the compliance of NI or NIJ with Customer’s specifications or directions, including the incorporation of any software or other materials provided by or requested by Customer; or (e)

Intellectual Property Liability. NIJ NI agrees to defend any third-party claim that alleges the Hardware, Software or Services infringe any Japan U.S. patent, copyright, or trademark (“Claim”), provided that Customer notifies NIJ NI immediately upon learning of any Claim, or any allegation that the grounds for a Claim may exist, grants NIJ and NI sole control over the defense and settlement of the Claim, and cooperates fully with NIJ and NI in preparing a defense for any Claim. NIJ NI agrees to pay any final judgment or settlement resulting from any Claim, provided that the settlement is entered into in accordance with this Section. NIJ and NI shall not be liable for a settlement made without its prior written consent. Notwithstanding the foregoing, NIJ and NI shall have no obligation under this Section for any claim relating to or arising from (a) Customer’s modifications of Hardware, Software or Services; (b) failure to use Hardware, Software or Services in accordance with the applicable documentation provided by NIJ or NI; (c) the combination, operation, or use of Hardware, Software or Services with any hardware, software or service not provided by NIJ or NI; (d) the compliance of NI or NIJ with Customer’s specifications or directions, including the incorporation of any software or other materials provided by or requested by Customer; or (e)