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.
Appears in 8 contracts
Samples: Stand Alone TCK License Agreement, Stand Alone TCK License Agreement, Stand Alone 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.;
Appears in 2 contracts
Samples: Stand Alone TCK License Agreement, Stand Alone TCK License Agreement