Common use of APA Clause in Contracts

APA. 4.1.1 The APA represents and warrants that to the best of the APA’s knowledge, the Licensed Materials used as contemplated by this License Agreement do not infringe the copyright or any other proprietary or intellectual property rights of any third party. The APA shall indemnify and hold Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of legal action taken against Licensee due to an actual or alleged infringement of such rights. This indemnity shall not apply if Licensee and/or Authorized User has modified or used the Licensed Materials in any way not permitted by this License Agreement.

APA. 4.1.1 The APA represents and warrants that to the best of the APA’s knowledge, the Licensed Materials used as contemplated by this License Agreement do not infringe the copyright or any other proprietary or intellectual property rights of any third party. The APA shall indemnify and hold Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of legal action taken against Licensee due to an actual or alleged infringement of such rights. This indemnity shall not apply if Licensee and/or Authorized User has Users have modified or used the Licensed Materials in any way not permitted by this License Agreement.