Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. Entco will defend and/or settle any claims against Customer that allege that an Entco-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the balance of any pre-paid amount for the affected Entco SaaS. Entco is not responsible for claims resulting from Customer-provided SaaS Data or from any unauthorized use of the products or services. This section shall also apply to Licensed Software identified as such in the relevant Supporting Material except that Entco is not responsible for claims resulting from Customer-provided SaaS Data, customized configurations or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction. Customer will defend or indemnify Entco from and against third party claims arising from Customer-provided SaaS Data or customized configuration or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction.

Intellectual Property Rights Infringement. Entco EntIT will defend and/or settle any claims against Customer that allege that an EntcoEntIT-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco will EntITwill rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco EntIT may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the balance of any pre-paid amount for the affected Entco EntIT SaaS. Entco EntIT is not responsible for claims resulting from Customer-provided SaaS Data or from any unauthorized use of the products or services. This section shall also apply to Licensed Software identified as such in the relevant Supporting Material except that Entco EntIT is not responsible for claims resulting from Customer-provided SaaS Data, customized configurations or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction. Customer will defend or indemnify Entco EntIT from and against third party claims arising from Customer-provided SaaS Data or customized configuration or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction.

Intellectual Property Rights Infringement. Entco Company will defend and/or settle any claims against Customer that allege that an EntcoCompany-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the balance of any pre-paid amount for the affected Entco SaaS. Entco Company is not responsible for claims resulting from Customer-provided SaaS Data or from any unauthorized use of the products or services. This section shall also apply to Licensed Software identified as such in the relevant Supporting Material except that Entco Company is not responsible for claims resulting from Customer-Customer- provided SaaS Data, customized configurations or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction. Customer will defend or indemnify Entco Company from and against third party claims arising from Customer-provided SaaS Data or customized configuration or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction.

Intellectual Property Rights Infringement. Entco Company will defend and/or settle any claims against Customer that allege that an EntcoCompany-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Entco Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Entco Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the balance of any pre-paid amount for the affected Entco SaaS. Entco Company is not responsible for claims resulting from Customer-provided SaaS Data or from any unauthorized use of the products or services. This section shall also apply to Licensed Software identified as such in the relevant Supporting Material except that Entco Company is not responsible for claims resulting from Customer-Customer- provided SaaS Data, customized configurations or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction. Customer will defend or indemnify Entco Company from and against third party claims arising from Customer-provided SaaS Data or customized configuration or designs (i) performed or provided by Customer or (ii) performed at Customer’s direction.