Common use of LIMITED INDEMNITY Clause in Contracts

LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any jurisdiction, Oracle shall at its election, and as Licensee's sole and exclusive remedy, either: (i) release Licensee from further obligation to include the Technology Compliance Logo on Products distributed in such jurisdiction until such claim is satisfactorily resolved, and/or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides Notice of the claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; (d) has not compromised or settled such proceeding without Oracle's prior written consent; and (e) upon Oracle's request, promptly stops using the Java Logo. 4.2 THIS SECTION 4 STATES THE ENTIRE LIABILITY OF Oracle WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS RELATED TO THE JAVA LOGO(S). Oracle SHALL HAVE NO OTHER LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS A RESULT OF USE, LICENSE, OR DISTRIBUTION OF PRODUCTS OR JAVA LOGO(S).

Appears in 10 contracts

Samples: TCK License Agreement, TCK License Agreement, TCK License Agreement

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LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any jurisdiction, Oracle shall at its election, and as Licensee's sole and exclusive remedy, either: : (i) release Licensee from further obligation to include the Technology Compliance Logo on Products distributed in such jurisdiction until such claim is satisfactorily resolved, and/or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides Notice of the claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; (d) has not compromised or settled such proceeding without Oracle's prior written consent; and (e) upon Oracle's request, promptly stops using the Java Logo. 4.2 THIS SECTION 4 STATES THE ENTIRE LIABILITY OF Oracle WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS RELATED TO THE JAVA LOGO(S). Oracle SHALL HAVE NO OTHER LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS A RESULT OF USE, LICENSE, OR DISTRIBUTION OF PRODUCTS OR JAVA LOGO(S).THE

Appears in 6 contracts

Samples: TCK License Agreement, TCK License Agreement, TCK License Agreement

LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any jurisdiction, Oracle shall at its election, and as Licensee's sole and exclusive remedy, either: (i) release Licensee from further obligation to include the Technology Compliance Logo on Products distributed in such jurisdiction until such claim is satisfactorily resolved, and/or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides Notice of the claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; (d) has not compromised or settled such proceeding without Oracle's prior written consent; and (e) upon Oracle's request, promptly stops using the Java Logo. 4.2 THIS SECTION 4 STATES THE ENTIRE LIABILITY OF Oracle ORACLE WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS RELATED TO THE JAVA LOGO(S). Oracle ORACLE SHALL HAVE NO OTHER LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS A RESULT OF USE, LICENSE, OR DISTRIBUTION OF PRODUCTS OR JAVA LOGO(S).

Appears in 4 contracts

Samples: TCK License Agreement, TCK License Agreement, TCK License Agreement

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LIMITED INDEMNITY. 4.1 In the event Licensee receives a claim of infringement with respect to the Java Logo(s) in any jurisdiction, Oracle shall at its election, and as Licensee's sole and exclusive remedy, either: : (i) release Licensee from further obligation to include the Technology Compliance Logo on Products distributed in such jurisdiction until such claim is satisfactorily resolved, and/or (ii) provided Licensee is not in breach of this License, defend and indemnify Licensee with respect to such claim and pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides Notice of the claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; (d) has not compromised or settled such proceeding without Oracle's prior written consent; and (e) upon Oracle's request, promptly stops using the Java Logo. 4.2 THIS SECTION 4 STATES THE ENTIRE LIABILITY OF Oracle WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS RELATED TO THE JAVA LOGO(S). Oracle SHALL HAVE NO OTHER LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS A RESULT OF USE, LICENSE, OR DISTRIBUTION OF PRODUCTS OR JAVA LOGO(S).

Appears in 2 contracts

Samples: TCK License Agreement, TCK License Agreement

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