IP Indemnity. Formidium shall defend, indemnify and hold harmless the Client from and against any final judgment, including an award of reasonable attorney’s fees, that may be awarded by a court of competent jurisdiction against the Client, resulting from any third-party claim, suit or proceeding that arises from the Client’s use of the Formidium Systems in accordance with this Agreement that infringes or misappropriates any U.S. trade secret, trademark, or copyright (“Claim”). Notwithstanding the foregoing Formidium will have no indemnity obligation to the Client if the alleged infringement or misappropriation is based on (i) any combination, operation, or use of the Formidium Systems with products, services, information, materials, technologies, business methods or processes not furnished by Formidium to the extent the infringement or misappropriation is based on such combination, operations or use;
Appears in 5 contracts
Samples: User Agreement, User Agreement, User Agreement
IP Indemnity. Formidium shall defend, indemnify and hold harmless the Client from and against any final judgment, including an award of reasonable attorney’s fees, that may be awarded by a court of competent jurisdiction against the Client, resulting from any third-party claim, suit or proceeding that arises directly from the Client’s use of the Formidium Systems in accordance with this Agreement that infringes or misappropriates any U.S. trade secret, trademark, or copyright (“Claim”). Notwithstanding the foregoing Formidium will have no indemnity obligation to the Client if the alleged infringement or misappropriation is based on (i) any combination, operation, or use of the Formidium Systems with products, services, information, materials, technologies, business methods or processes not furnished by Formidium to the extent the infringement or misappropriation is based on such combination, operations or use;
Appears in 2 contracts
Samples: User Agreement, User Agreement
IP Indemnity. Formidium shall defend, indemnify and hold harmless the Client from and against any final judgment, including an award of reasonable attorney’s feesattorfenese, that may tyha’t msay be awarded by a court of competent jurisdiction against the Client, resulting from any third-party claim, suit or proceeding that arises from directlySysftermsoinm the Client’s use of the Formidium Systems in accordance with this Agreement that infringes or misappropriates any U.S. trade secret, trademark, or copyright (“Claim”). Notwithstanding the foregoing Formidium will have no indemnity obligation to the Client if the alleged infringement or misappropriation is based on (i) any combination, operation, or use of the Formidium Systems with products, services, information, materials, technologies, business methods or processes not furnished by Formidium to the extent the infringement or misappropriation is based on such combination, operations or use;
Appears in 1 contract
Samples: User Agreement