By Aqua Clause Samples
By Aqua. ▇▇▇▇ will defend, indemnify and hold harmless Customer against any third party demand, claim, suit, or action alleging that Customer’s use of the Platform in accordance with this Agreement infringes such third party’s intellectual property rights (an “Infringement Claim“), and ▇▇▇▇ will pay any amounts finally awarded by a court against Customer (or otherwise agreed in settlement) under such Infringement Claim. Aqua will have no obligation or liability under this Section 11.1 to the extent that the Infringement Claim is based upon or results from: (a) the combination or use of the Platform or Licensed Services or Licensed Products with any third party products or services if the claim would not have occurred if not for such combination or use; (b) any modification to the Platform or Licensed Services or Licensed Products not made by Aqua; (c) Customer’s failure to comply with the written instructions of Aqua and/or with the terms of this Agreement or the Documentation; (d) where Customer continues the alleged infringing activity after being notified thereof; (e) use or retention of a copy of the Platform or Licensed Services or Licensed Products not in its most current version provided by Aqua; and/or (f) Aqua’s compliance with any Customer instructions or requirements (any such claim in clauses (a) through (d), a “Reverse Infringement Claim“).
By Aqua. Aqua will defend, indemnify and hold harmless Customer, its affiliates, and their respective directors, officers, and employees, from and against any third party claims, demands, actions, suits, proceedings, damages, losses, judgments and/or liabilities arising from, or related to or in connection with any allegation that Customer's use of the Software (and any Third-Party Software) in accordance with this Agreement infringes, misappropriates or otherwise violates such third party's Intellectual Property Right (an "Infringement Claim"), and Aqua will pay any amounts finally awarded by a court against Customer (or otherwise agreed in settlement) under such Infringement Claim, as well as reimburse Customer for documented reasonable attorney's fees and other expenses and costs actually incurred by Customer prior to its notifying Aqua of the Infringement Claim in accordance with Section 11.4 (Procedure). Aqua will have no obligation or liability under this Section 11.1 to the extent that the Infringement Claim is based upon or results from: (a) the combination or use of the Software with any third party products or services; (b) any modification to the Software not by Aqua; (c) Customer's failure to comply with the written instructions of Aqua and/or with the terms of this Agreement or the Documentation;
By Aqua. Aqua will defend, indemnify and hold harmless Customer against any third party demand, claim, suit, or action alleging that Customer's use of the Software in accordance with this Agreement infringes such third party's intellectual property rights (an "Infringement Claim"), and Aqua will pay any amounts finally awarded by a court against Customer (or otherwise agreed in settlement) under such Infringement Claim Aqua will have no obligation or liability under this Section 13.1 to the extent that the Infringement Claim is based upon or results from: (a) the combination or use of the Software with any third party products or services if such combination is the cause of the infringement; (b) any modification to the Software not made by Aqua; (c) Customer's failure to comply with the written instructions of Aqua and/or with the terms of this Agreement or the Documentation; (d) Customer’s continued use of the alleged infringing Software after being notified thereof; (e) use or retention of a copy of the Software not in its most current version provided by Aqua; and/or (f) Aqua's compliance with any Customer instructions or requirements.
By Aqua. ▇▇▇▇ will defend, indemnify and hold harmless Customer against any third party demand, claim, suit, or action alleging that Customer’s use of the Software in accordance with this Agreement infringes such third party’s intellectual property rights (an “Infringement Claim“), and ▇▇▇▇ will pay any amounts finally awarded by a court against Customer (or otherwise agreed in settlement) under such Infringement Claim. Aqua will have no obligation or liability under this Section 12.1 to the extent that the Infringement Claim is based upon or results from: (a) the combination or use of the Software with any third party products or services if the claim would not have occurred if not for such combination or use; (b) any modification to the Software not made by Aqua;