Common use of Limitations on defense obligation Clause in Contracts

Limitations on defense obligation. BQE Software’s obligations will not apply to the extent that the claim or award is based on: · Customer’s use of the Service or Client Software after BQE Software notifies it to discontinue its use due to a third party claim; · Customer’s combination of the Service or any related Client Software with a non-BQE Software product, data or business process; · damages attributable to the value of the use of a non-BQE Software product, data or business process; · Customer’s use of BQE Software’s trademark(s) without express written consent to do so; or · any trade secret or undisclosed information claim, where Customer acquires the trade secret or undisclosed information (1) through improper means; (2) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (3) from a person (other than BQE Software) who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the trade secret or undisclosed information. · Customer will reimburse BQE Software for any costs or damages that result from any of the above actions.

Limitations on defense obligation. BQE Software’s obligations will not apply to the extent that the claim or award is based on: · Customer’s use of the Service or Client Software after BQE Software notifies it to discontinue its use due to a third party claim; · Customer’s combination of the Service or any related Client Software with a non-BQE Software product, data or business process; · damages attributable to the value of the use of a non-BQE Software product, data or business process; · Customer’s use of BQE Software’s trademark(s) without express written consent to do so; or · any trade secret or undisclosed information claim, where Customer Xxxxxxxx acquires the trade secret or undisclosed information (1) through improper means; (2) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (3) from a person (other than BQE Software) who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the trade secret or undisclosed information. · Customer will reimburse BQE Software for any costs or damages that result from any of the above actions.