Liability for Infringements of intellectual property rights. The Provider is responsible for ensuring that the Service does not infringe a third party’s intellectual property rights. For any third party software or components embedded in the Service, the Provider shall be liable only to the same extent as the third party would be according to the license terms of the third party software or component in question. The Provider shall, at its own expense, defend the Subscriber against any alleged infringement of any patent, trademark, or copyright related to the Service. The Provider may, at its sole discretion, (i) replace or modify the Service with non-‐infringing one that is functionally equivalent or (ii) obtain a license for Subscriber to, free of charge, continue to use the Service If none of the aforementioned alternative actions can be commercially reasonably taken by the Provider, the Subscriber shall cease the use of the Service upon request by the Provider and the Provider shall refund any pre-‐ paid Service fees to the Subscriber for the ongoing term of the Agreement. The Provider shall, however, not be liable for claims, (i) which are presented by a party who has control over the Subscriber or who is under the control of the Subscriber, (ii) which are caused by the use of the Service in connection with a product or service not supplied or accepted by the Provider (iii) if the Subscriber does not accept to use a substitutive service supplied by the Provider, or (iv) when the use of the Service is in breach of this Agreement. The liability of the Provider for the Service’s infringements of intellectual property rights of third parties shall be limited solely to what has been agreed under this clause.
Liability for Infringements of intellectual property rights. To the extent permitted by Law, We will only be liable under the terms of this Agreement for in- fringement of third party intellectual property rights if (i) You immediately notify us of any infringement or alleged infringement of which You become aware; (ii) You do not make any admission of liability or agree to settle any such claim without our prior written consent; (iii) You permit us to conduct and/or settle, at our expense, all negotiations and litigation arising out of any claim or action relating to the alleged infringement; and (iv) You provide us, at Your own expense, with such reasonable assis- tance as may be necessary for such settlement or negotiation. Notwithstanding the foregoing, if an in- fringement of a third party’s intellectual property rights is due to Our wilful misconduct or gross negli- gence, the statutory provisions shall apply. We will not be liable for any claim of infringement or alleged infringement to the extent that such claim (i) arises out of Your possession, use, develop- ment, modification or operation of the Software, Platform or Services (or any part thereof) not in ac- cordance with the terms of the Agreement; (ii) if You fail to take corrective action directed by us; or (iii) is based on any item or content provided by You which has been incorporated into the Services at Your re- quest.
