Common use of Licensee Modifications Clause in Contracts

Licensee Modifications. Licensee shall, at its own expense, defend and pay any settlements entered into or damages awarded against PalmSource and PalmSource’s Subsidiaries, (collectively “PalmSource Indemnitees”) from and against any claims or suits arising from the Licensee’s willful or negligent failure to perform the Third Party Proxy Services in accordance with the provision of Exhibit D (Service Level Agreement for Third Party Proxy Services) while Licensee is providing the Third Party Proxy Services hereunder or alleging that the Licensee Modifications infringes any third party: (i) patents in the U.S., European Union, Japan, Canada, or Australia or other countries mutually agreed in writing, (ii) copyrights or trade secrets worldwide, or (iii) registered trademark rights in the United States, Canada, Australia, Japan, Switzerland and the European Union.