Common use of Limitation; Prevention of Infringement Clause in Contracts

Limitation; Prevention of Infringement. CyberSource's obligations in Section 13.1.1 do not apply if: (i) the Transaction Services have been modified by parties other than CyberSource; (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 CyberSource 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 CyberSource, 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 CyberSource's opinion is likely to become, the subject of a claim of infringement, then Customer shall permit CyberSource, at CyberSource'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, CyberSource is unable to cure the infringement, either party may immediately terminate this Agreement. THIS SECTION 13.1.2 STATES THE ENTIRE LIABILITY OF CYBERSOURCE TO CUSTOMER WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE TRANSACTION SERVICES.

Limitation; Prevention of Infringement. CyberSource's obligations in Section 13.1.1 do not apply if: (i) the Transaction Services have been modified by parties other than CyberSource; (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 CyberSource 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 CyberSource, 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 CyberSource's opinion is likely to become, the subject of a claim of infringement, then Customer shall permit CyberSource, at CyberSource'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-non- infringing. If, after using commercially reasonable efforts, CyberSource is unable to cure the infringement, either party may immediately terminate this Agreement. THIS SECTION 13.1.2 STATES THE ENTIRE LIABILITY OF CYBERSOURCE TO CUSTOMER WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE TRANSACTION SERVICES.

Limitation; Prevention of Infringement. CyberSource's CLOUD9’s obligations in Section 13.1.1 do not apply if: (i) the Transaction Services have been modified by parties other than CyberSourceCloud9; (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 CyberSource Cloud9 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 CyberSourceCloud9, 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 CyberSourceCloud9's opinion is likely to become, the subject of a claim of infringement, then Customer shall permit CyberSourceCloud9, at CyberSourceCloud9'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, CyberSource Cloud9 is unable to cure the infringement, either party may immediately terminate this Agreement. THIS SECTION 13.1.2 STATES THE ENTIRE LIABILITY OF CYBERSOURCE CLOUD9 TO CUSTOMER WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE TRANSACTION SERVICES.

Limitation; Prevention of Infringement. CyberSourceTUNL's obligations in Section 13.1.1 14.1.1 do not apply if: (i) the Transaction Services have been modified by parties other than CyberSourceTUNL; (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 CyberSource TUNL 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 CyberSourceTUNL, 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 CyberSourceTUNL's opinion is likely to become, the subject of a claim of infringement, then Customer shall permit CyberSourceTUNL, at CyberSourceTUNL'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-non- infringing. If, after using commercially reasonable efforts, CyberSource TUNL is unable to cure the infringement, either party may immediately terminate this Agreement. THIS SECTION 13.1.2 14.1.2 STATES THE ENTIRE LIABILITY OF CYBERSOURCE TUNL TO CUSTOMER WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE TRANSACTION SERVICES.