Common use of Authorized Software Clause in Contracts

Authorized Software. Case IH shall defend, indemnify, and hold Dealer harmless from all loss, cost, liability, and expense arising out of any claim that Authorized Software used in accordance with its documentation infringes any valid patent, copyright, trade secret, or other enforceable proprietary right of any third party. Should any Authorized Software become (or in Case IH’s opinion be likely to become) subject to such a claim, Dealer will permit Case IH, at Case IH’s option and expense to (a) procure for Dealer or Dealer’s Customers the right to continue to use Authorized Software or (b) modify the allegedly infringing Authorized Software so that it becomes non-infringing. Case IH’s obligations under this Section will not apply if Authorized Software is modified without Case IH’s consent.

Authorized Software. Case IH shall defend, indemnify, and hold Dealer harmless from all loss, cost, liability, and expense arising out of any claim that Authorized Software used in accordance with its documentation infringes any valid patent, copyright, trade secret, or other enforceable proprietary right of any third party. Should any Authorized Software become (or in Case IHCase’s opinion be likely to become) subject to such a claim, Dealer will permit Case IHCase, at Case IHCase’s option and expense to to (a) procure for Dealer or Dealer’s Customers the right to continue to use Authorized Software or or (b) modify the allegedly infringing Authorized Software so that it becomes non-infringing. Case IHCase’s obligations under this Section will not apply if Authorized Software is modified without Case IHCase’s consent.