By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.
Appears in 48 contracts
Samples: Stand Alone TCK License Agreement, Stand Alone TCK License Agreement, Stand Alone TCK License Agreement
By Oracle. Oracle will defend, at its expense, any legal proceeding brought against Licensee, to the extent it is based on a claim that authorized use of the FCS or subsequent production version(s) of the TCK is an infringement of a third party trade secret or a copyright in a country that is a signatory to the Berne Convention, and will pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by Oracle, attributable to such claim, provided that Licensee: (a) provides written notice of the claim and any such threatened claim promptly to Oracle; (b) gives Oracle sole control of the defense and settlement of the claim; (c) provides to Oracle, at Oracle's expense, all available information, assistance and authority to defend; and (d) has not compromised or settled such proceeding without Oracle's prior written consent.
Appears in 1 contract
Samples: Stand Alone TCK License Agreement
