Intellectual Property Rights Infringement. HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that HP is not responsible for claims resulting from deliverables content or design provided by Customer.
Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Customer that allege that an HPE-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Customer’s prompt notification of the claim and cooperation with our defense. HPE may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HPE is not responsible for claims resulting from any unauthorized use of the products or services.
Intellectual Property Rights Infringement. As its sole obligation and as Your sole remedy related to third-party intellectual property infringement, Hitachi will defend or settle any claim of any nature whatsoever against You alleging that a Hitachi-branded Product or Service provided to You under an Order infringes the intellectual property rights of a third party. Hitachi will rely on Your prompt notification of the claim and co-operation. Provided that You are not in material breach of this Agreement, Hitachi will, at its option and sole discretion: (i) secure the rights for You to continue to use the affected Product or Service; (ii) modify the affected Product or Service; (iii) replace the affected Product or Service with something that has substantially similar functionality; or (iv) provide You with a pro- rated refund for the affected Product or Service. Hitachi will not be liable to provide any of the remedies for any claims related to: (A) any technology or other material used in conjunction and/or combination with the Product or Service, including third party products or technology supplied to Hitachi by entities outside the Hitachi Group for direct or indirect distribution (“Third Party Products”); (B) any design requirements or materials provided by You; or
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- paid amount or, for professional services, the amount paid. Entco is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Entco is not responsible for claims resulting from deliverables content or design provided by Customer.
Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims against Customer that allege that an Micro Focus-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Micro Focus will rely on Customer’s prompt notification of the claim and cooperation with our defense. Micro Focus may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Micro Focus is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Micro Focus is not responsible for claims resulting from deliverables content or design provided by Customer.
Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the balance of any pre-paid amount for the affected Entco SaaS. Entco is not responsible for claims resulting from Customer-provided SaaS Data or from any unauthorized use of the products or services. This section shall also apply to Licensed Software identified as such in the relevant Supporting Material except that Entco is not responsible for claims resulting from Customer-provided SaaS Data, customized configurations or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction. Customer will defend or indemnify Entco from and against third party claims arising from Customer-provided SaaS Data or customized configuration or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction.
Intellectual Property Rights Infringement. D13.1 If an action, claim or demand for infringement or alleged infringement of any Intellectual Property Right is made in connection with the Contract or in the reasonable opinion of the Contractor is likely to be made, the Contractor may at its own expense and subject to the consent of DCLG (not to be unreasonably withheld or delayed) either:
Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Service Provider that allege that HPE-branded Eligible Products as licensed under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Service Provider’s prompt notification of the claim and cooperation with HPE’s defense. HPE may modify the Products so as to be non-infringing and materially equivalent, or HPE may procure a license. If these options are not available, HPE will refund the amount paid for the affected Eligible Product in the first year or the depreciated value thereafter. HPE is not responsible for claims resulting from any unauthorized use of the Products.
Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an Company-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.
Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Customer that allege that an HPE- branded Packaged support service as supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Customer’s prompt notification of the claim and cooperation with our defense. HPE may modify the HPE Packaged support service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, HPE will refund to Customer the balance of any pre-paid amount. HPE is not responsible for claims resulting from any unauthorized use of HPE Packaged support services.
