Common use of Third- party IP claims Clause in Contracts

Third- party IP claims. In relation to Claims of the kind referred to in clause 34.1(c), the parties agree that the Supplier’s liability under the indemnity under that sub-clause is reduced to the extent that Loss arising under that indemnity is caused or contributed to by: (a) the Customer’s combination, operation or use of a Deliverable or Service with any other product, equipment, software or document of the Customer or a third party, except where: (i) such combination, operation or use is authorised under this Agreement; (ii) the Supplier supplied the Deliverable or Service on the basis that it can be combined, operated or used with the Customer's or the relevant third party's products; or (iii) such combination, operation or use should have been reasonably anticipated by the Supplier having regard to the nature and purpose of the Deliverable or Service; (b) the Customer’s unauthorised modification of a Deliverable without the knowledge of the Supplier, except where such modification was contemplated in the Order Documents or reasonably anticipated having regard to the nature and purpose of the Deliverable; or (c) in relation to Licensed Software: (i) the Supplier following the Customer’s written technical directions in relation to the coding and configuration of the Licensed Software, to the extent that verifying or validating such directions is not within the scope of the Supplier’s Activities; or (ii) the Customer’s continued use of old versions of the Licensed Software after the Supplier has notified the Customer in writing of the relevant infringement and provided the Customer (at no additional cost) a remedial software version, patch or correction, or a replacement part or other correction, that would have overcome the relevant infringement without affecting the performance or availability of the Licensed Software.

Third- party IP claims. In relation to Claims of the kind referred to in clause 34.1(c), the parties agree that the Supplier’s liability under the indemnity under that sub-clause is reduced to the extent that Loss arising under that indemnity is caused or contributed to by: (a) the Customer’s combination, operation or use of a Deliverable or Service with any other product, equipment, software or document of the Customer or a third party, except where: (i) such combination, operation or use is authorised under this Agreement; (ii) the Supplier supplied the Deliverable or Service on the basis that it can be combined, operated or used with the Customer's or the relevant third party's products; or (iii) such combination, operation or use should have been reasonably anticipated by the Supplier having regard to the nature and purpose of the Deliverable or Service; (b) the Customer’s unauthorised modification of a Deliverable without the knowledge of the Supplier, except where such modification was contemplated in the Order Documents or reasonably anticipated having regard to the nature and purpose of the Deliverable; or (c) in relation to Licensed Software: (i) the Supplier following the Customer’s written technical directions in relation to the coding and configuration of the Licensed Software, to the extent that verifying or validating such directions is not within the scope of the Supplier’s Activities; or (ii) the Customer’s continued use of old versions of the Licensed Software after the Supplier has notified the Customer in writing of the relevant infringement and provided the Customer (at no additional cost) a remedial software version, patch or correction, or a replacement part or other correction, that would have overcome the relevant infringement without affecting the performance or availability of the Licensed Software.

Third- party IP claims. In relation to Claims of the kind referred to in clause 34.1(c29.1(c), the parties agree that the Supplier’s liability under the indemnity under that sub-clause is reduced to the extent that Loss arising under that indemnity is caused or contributed to by: (a) the Customer’s combination, operation or use of a Deliverable or Service with any other product, equipment, software or document of the Customer or a third party, except where: (i) such combination, operation or use is authorised under this Agreement; (ii) the Supplier supplied the Deliverable or Service on the basis that it can be combined, operated or used with the Customer's or the relevant third party's products; or (iii) such combination, operation or use should have been reasonably anticipated by the Supplier having regard to the nature and purpose of the Deliverable or Service; (b) the Customer’s unauthorised modification of a Deliverable without the knowledge of the Supplier, except where such modification was contemplated in the Order Documents this Agreement or reasonably anticipated having regard to the nature and purpose of the Deliverable; or (c) in relation to Licensed Software: (i) the Supplier following the Customer’s written technical directions in relation to the coding and configuration of the Licensed Software, to the extent that verifying or validating such directions is not within the scope of the Supplier’s ActivitiesSupplies; or (ii) the Customer’s continued use of old versions of the Licensed Software after the Supplier has notified the Customer in writing of the relevant infringement and provided the Customer (at no additional cost) a remedial software version, patch or correction, or a replacement part or other correction, that would have overcome the relevant infringement without affecting the performance or availability of the Licensed Software.

Third- party IP claims. ‌ In relation to Claims of the kind referred to in clause 34.1(c), the parties agree that the Supplier’s liability under the indemnity under that sub-clause is reduced to the extent that Loss arising under that indemnity is caused or contributed to by: (a) the Customer’s combination, operation or use of a Deliverable or Service with any other product, equipment, software or document of the Customer or a third party, except where: (i) such combination, operation or use is authorised under this Agreement; (ii) the Supplier supplied the Deliverable or Service on the basis that it can be combined, operated or used with the Customer's or the relevant third party's products; or (iii) such combination, operation or use should have been reasonably anticipated by the Supplier having regard to the nature and purpose of the Deliverable or Service; (b) the Customer’s unauthorised modification of a Deliverable without the knowledge of the Supplier, except where such modification was contemplated in the Order Documents or reasonably anticipated having regard to the nature and purpose of the Deliverable; or (c) in relation to Licensed Software: (i) the Supplier following the Customer’s written technical directions in relation to the coding and configuration of the Licensed Software, to the extent that verifying or validating such directions is not within the scope of the Supplier’s Activities; or (ii) the Customer’s continued use of old versions of the Licensed Software after the Supplier has notified the Customer in writing of the relevant infringement and provided the Customer (at no additional cost) a remedial software version, patch or correction, or a replacement part or other correction, that would have overcome the relevant infringement without affecting the performance or availability of the Licensed Software.

Third- party IP claims. (a) In relation to Claims of the kind referred to in clause 34.1(c30.1(c), the parties agree that the Supplier’s liability under the indemnity under that sub-clause is reduced to the extent that Loss arising under that indemnity is caused or contributed to by: (ai) the Customer’s combination, operation or use of a Deliverable or Service with any other product, equipment, software or document of the Customer or a third party, except where: (i) A. such combination, operation or use is authorised under this Agreement; (ii) B. the Supplier supplied the Deliverable or Service on the basis that it can be combined, operated or used with the Customer's or the relevant third party's products; or; (iii) C. such combination, operation or use should have been reasonably anticipated by the Supplier having regard to the nature and purpose of the Deliverable or Service;; or D. the Claim arises directly from Customisations; and (bii) the Customer’s unauthorised modification of a Deliverable without the knowledge of the Supplier, except where such modification was contemplated in the Order Documents or reasonably anticipated having regard to the nature and purpose of the Deliverable; or. (cb) in relation to Licensed SoftwareIf the Cloud Services are the subject of an Intellectual Property Rights infringement claim, then the Supplier, at its sole option and expense, will either: (i) obtain for the Supplier following Customer the Customer’s written technical directions right to continue using the Cloud Services per the terms of this Agreement; (ii) replace the Cloud Services with products or services that are substantially equivalent in relation to function, or modify the coding Cloud Services so they become non-infringing and configuration of the Licensed Software, to the extent that verifying or validating such directions is not within the scope of the Supplier’s Activitiessubstantially equivalent in function; or (iii) if (i) or (ii) are not available on commercially reasonable terms, terminate the Customer’s continued use of old versions applicable SOW and refund to Customer the un-used portion of the Licensed Software after the Supplier has notified Fees that have been paid by the Customer in writing advance in respect of the relevant infringement and provided the Customer (at no additional cost) a remedial software version, patch or correction, or a replacement part or other correction, that would have overcome the relevant infringement without affecting the performance or availability of the Licensed SoftwareCloud Services.