Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. As its sole obligation and as Your sole remedy related to third-party intellectual property infringement, Hitachi will defend or settle any claim of any nature whatsoever against You alleging that a Hitachi-branded Product or Service provided to You under an Order infringes the intellectual property rights of a third party. Hitachi will rely on Your prompt notification of the claim and co-operation. Provided that You are not in material breach of this Agreement, Hitachi will, at its option and sole discretion: (i) secure the rights for You to continue to use the affected Product or Service; (ii) modify the affected Product or Service; (iii) replace the affected Product or Service with something that has substantially similar functionality; or (iv) provide You with a pro- rated refund for the affected Product or Service. Hitachi will not be liable to provide any of the remedies for any claims related to: (A) any technology or other material used in conjunction and/or combination with the Product or Service, including third party products or technology supplied to Hitachi by entities outside the Hitachi Group for direct or indirect distribution (“Third Party Products”); (B) any design requirements or materials provided by You; or

Intellectual Property Rights Infringement. As its sole obligation and as Your sole remedy related to third-party intellectual property infringement, Hitachi will defend or settle any claim of any nature whatsoever against You alleging that a Hitachi-branded Product or Service provided to You under an Order infringes the intellectual property rights of a third party. Hitachi will rely on Your prompt notification of the claim and co-operation. Provided that You are not in material breach of this Agreement, Hitachi will, at its option and sole discretion: (i) secure the rights for You to continue to use the affected Product or Service; (ii) modify the affected Product or Service; (iii) replace the affected Product or Service with something that has substantially similar functionality; or (iv) provide You with a pro- rated refund for the affected Product or Service. Hitachi will not be liable to provide any of the remedies for any claims related to: (A) any technology or other material used in conjunction and/or combination with the Product or Service, including third party products or technology supplied to Hitachi by entities outside the Hitachi Group for direct or indirect distribution (“Third ;T͞hird Party Products”); (BProducts͟;Ϳ(B) any design requirements or materials provided by You; or