Common use of Limitation; Prevention of Infringement Clause in Contracts

Limitation; Prevention of Infringement. Xxxxxxxxx.Xxx's obligations in Section 13.1.1 do not apply if: (i) the Transaction Services have been modified by parties other than Xxxxxxxxx.Xxx; (ii) the Transaction Services are used in conjunction with data where use with such data gave rise to the infringement claim; (iii) Customer’s failure to install upgrades or patches provided by Xxxxxxxxx.Xxx where such upgrade or patch would have removed the infringing condition; (iv) Customer’s use of the Transaction Services in a manner inconsistent with Services Documentation; or (v) Customer’s use of the Transaction Services with software or hardware not authorized by Xxxxxxxxx.Xxx, where use with such other software or hardware gave rise to the infringement claim. If the Transaction Services or any component thereof becomes, or in Xxxxxxxxx.Xxx's opinion is likely to become, the subject of a claim of infringement, then Customer shall permit Xxxxxxxxx.Xxx, at Xxxxxxxxx.Xxx's sole option and expense, either to (i) procure for Customer the right to continue using the Transaction Services as permitted in this Agreement, or (ii) replace or modify the affected Transaction Services or infringing component so that it becomes non- infringing. If, after using commercially reasonable efforts, Xxxxxxxxx.Xxx is unable to cure the infringement, either party may immediately terminate this Agreement. THIS SECTION 13.1.2

Limitation; Prevention of Infringement. Xxxxxxxxx.Xxx's obligations in Section 13.1.1 13.1.1(b) do not apply if: if the xXxxxx.Xxx Service or portions or components thereof (ia) the Transaction Services have been are modified by parties persons or entities other than Xxxxxxxxx.XxxXxx if the alleged infringement relates to such modification; (iib) the Transaction Services are used in conjunction combined with data where use with such data gave rise to the infringement claim; (iii) Customer’s failure to install upgrades other products, processes or patches provided materials not supplied or recommended by Xxxxxxxxx.Xxx where the alleged infringement relates to such upgrade or patch would have removed the infringing condition; (iv) Customer’s use of the Transaction Services in a manner inconsistent with Services Documentation; combination, or (vc) Customer’s use of the Transaction Services with software or hardware not authorized by continue to be used after Xxxxxxxxx.XxxXxx has made a non-infringing version available to Merchant (collectively, where use with such other software or hardware gave rise to the infringement claim"Merchant Faults"). If the Transaction Services xXxxxx.Xxx Service or any component thereof becomes, or in Xxxxxxxxx.Xxx's ’s opinion is likely to become, the subject of a claim of infringement, then Customer Merchant shall permit Xxxxxxxxx.Xxx, at Xxxxxxxxx.Xxx's sole option and expense, either to (i) procure for Customer Merchant the right to continue using the Transaction Services xXxxxx.Xxx Service as permitted in this Agreement, or (ii) replace or modify the affected Transaction Services xXxxxx.Xxx Service or infringing component so that it becomes non- non-infringing. If, after using commercially reasonable efforts, Xxxxxxxxx.Xxx is unable to cure the infringement, either party may immediately terminate this AgreementAgreement upon notice to the other, as provided in Section 10.1. THIS SECTION 13.1.2This Section 13.1 states the entire liability of Xxxxxxxxx.Xxx to Merchant with respect to infringement of any intellectual property rights by the xXxxxx.Xxx Service.

Limitation; Prevention of Infringement. Xxxxxxxxx.Xxx's obligations in Section 13.1.1 12.1.1 do not apply if: if the Xxxxxxxxx.Xxx Services or portions or components thereof (ia) the Transaction Services have been are modified by parties persons or entities other than Xxxxxxxxx.XxxXxx if the alleged infringement relates to such modification; (iib) the Transaction Services are used in conjunction combined with data where use with such data gave rise to the infringement claim; (iii) Customer’s failure to install upgrades other products, processes or patches provided materials not supplied or recommended by Xxxxxxxxx.Xxx where the alleged infringement relates to such upgrade or patch would have removed the infringing condition; (iv) Customer’s use of the Transaction Services in a manner inconsistent with Services Documentation; combination, or (vc) Customer’s use of the Transaction Services with software or hardware not authorized by continue to be used after Xxxxxxxxx.XxxXxx has made a non-infringing version available to You (collectively, where use with such other software or hardware gave rise to the infringement claim"Merchant Faults"). If the Transaction Xxxxxxxxx.Xxx Services or any component thereof becomes, or in Xxxxxxxxx.Xxx's opinion is likely to become, the subject of a claim of infringement, then Customer You shall permit Xxxxxxxxx.Xxx, at Xxxxxxxxx.Xxx's sole option and expense, either to (i) procure for Customer You the right to continue using the Transaction Xxxxxxxxx.Xxx Services as permitted in this Agreement, or (ii) replace or modify the affected Transaction Xxxxxxxxx.Xxx Services or infringing component so that it becomes non- non-infringing. If, after using commercially reasonable efforts, Xxxxxxxxx.Xxx is unable to cure the infringement, either party may immediately terminate this AgreementAgreement upon notice to the other, as provided in Section 8.1. THIS SECTION 13.1.212.1.2