Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an Company-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.

Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an Company-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.

Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an a Company-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.

Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an Company-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.or

Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an a Company-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.

Intellectual Property Rights Infringement. Company will defend and/or settle any claims against Customer that allege that an Company-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. Company will rely on Customer’s prompt notification of the claim and cooperation with our defense. Company may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. Company is not responsible for claims resulting from any unauthorized use of the products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that Company is not responsible for claims resulting from deliverables content or design provided by Customer.