Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Customer that allege that an HPE- branded Packaged support service as supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Customer’s prompt notification of the claim and cooperation with our defense. HPE may modify the HPE Packaged support service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, HPE will refund to Customer the balance of any pre-paid amount. HPE is not responsible for claims resulting from any unauthorized use of HPE Packaged support services.

Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Customer that allege that an HPE- HPE-branded Packaged support service as supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Customer’s prompt notification of the claim and cooperation with our defense. HPE may modify the HPE Packaged support service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, HPE will refund to Customer the balance of any pre-paid amount. HPE is not responsible for claims resulting from any unauthorized use of HPE Packaged support services.