INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION definition
Examples of INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION in a sentence
FOR CLARITY, THERE IS NO LIMITATION ON EITHER PARTY’S (1) LIABILITY FOR BREACH OR OTHER VIOLATION OF ITS OBLIGATIONS REGARDING THE OTHER PARTY’S CONFIDENTIAL INFORMATION AND/OR PROPRIETARY PROPERTY, OR (2) LIABILITY FOR ITS INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.
INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION AND INDEMNIFICATION PROCEDURE FOR THIRD PARTY INTELLECTUAL PROPERTY CLAIMS.
SECTION 10 (INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION) DOES NOT APPLY TO, AND SECTION 12.2 (CAP ON LIABILITY) DOES NOT LIMIT THE TOTAL LIABILITY OF, SUBSCRIBERS USING FREE VERSIONS OR FREE TRIALS OF THE SERVICE.
NOTWITHSTANDING SECTION 9 (WARRANTIES AND DISCLAIMER), BETA VERSIONS, FREE VERSIONS, AND FREE TRIALS OF THE SERVICE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY AND SECTION 10 (INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION) DOES NOT APPLY TO BETA VERSIONS, FREE VERSIONS, OR FREE TRIALS OF THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE ▇▇▇▇, ALL LIMITATIONS OF LIABILITY IN SECTION 5.1 OF THE ▇▇▇▇ APPLY TO SISW’S INDEMNITY OBLIGATIONS UNDER SECTION 5.2 OF THE ▇▇▇▇ (INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION); PROVIDED THAT SISW MAY DETERMINE, AT ANY TIME AND IN ITS SOLE DISCRETION, TO WAIVE THE LIMITATIONS OF LIABILITY IN SECTION 5.1 IN REGARD TO ANY SPECIFIC CLAIM AND RETAIN SOLE AUTHORITY OF THE DEFENSE AND SETTLEMENT OF SUCH CLAIM.
INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION CONTRACTOR, at its own expense, shall defend and indemnify STATE against claims that products furnished under this Contract infringe a United States patent or copyright or misappropriate trade secrets protected under United States law.
THE FOREGOING STATES THE EXCLUSIVE AND ENTIRE LIABILITY OF NOVACHARGE FOR INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION.
PROVIDED, HOWEVER, THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL IN NO WAY LIMIT [*] LIABILITY FOR BODILY INJURY OR DEATH OR FOR DAMAGES OR LOSSES OF ANY KIND RESULTING FROM ITS: (I) BREACH OF ITS OBLIGATIONS UNDER SECTION 13 (“CONFIDENTIALITY”), ABOVE, (II) BREACH OF ITS INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION OBLIGATIONS UNDER SECTION 15 (“INDEMNIFICATION”), ABOVE, OR (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
PROVIDED, HOWEVER, THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL IN NO WAY LIMIT [*] LIABILITY FOR DAMAGES OR LOSSES OF ANY KIND RESULTING FROM ITS: (I) BREACH OF ITS OBLIGATIONS UNDER SECTION 13 (“CONFIDENTIALITY”), ABOVE, (II) BREACH OF ITS INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION OBLIGATIONS UNDER SECTION 15 (“INDEMNIFICATION”), ABOVE OR (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
EXCEPT FOR (I) PAYMENTS DUE IN THE NORMAL COURSE, AND (II) LIABILITY ARISING OUT OF OUR INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION OBLIGATION IN SECTION 8, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF (X) THE AGGREGATE AMOUNT PAID BY YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE LIABILITY, OR (Y) ONE HUNDRED THOUSAND DOLLARS ($100,000).