Common use of No Fault Clause in Contracts

No Fault. If the Services are found to violate the Intellectual Property Rights of a third party, TeleSign will have no obligation under section 6.4 for any infringement or violation claim that arises as a result of: (i) Client’s use of the Services in breach of the Acceptable Use Policy; (ii) the combination, operation or use of the Services with equipment, software, content, services or data not supplied or recommended by TeleSign in writing; and/or (iii) Client’s failure to use updated or modified software provided by TeleSign to avoid an infringement claim or failure to install upgrades or patches in a timely manner.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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No Fault. If the Services are found to violate the Intellectual Property Rights of a third party, TeleSign will have no obligation under section 6.4 for any infringement or violation claim that arises as a result of: (i) ClientChannel Partner’s or any Customer’s use of the Services in breach of the Acceptable Use Policy; (ii) the combination, operation or use of the Services with equipment, software, content, services or data not supplied or recommended by TeleSign in writing; and/or (iii) ClientChannel Partner’s or any Customer’s failure to use updated or modified software provided by TeleSign to avoid an infringement claim or failure to install upgrades or patches in a timely manner.

Appears in 1 contract

Samples: Reseller Master Services Agreement (NAAC Holdco, Inc.)

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No Fault. If the Services are found to violate the Intellectual Property Rights of a third party, TeleSign Telesign will have no obligation under section 6.4 for any infringement or violation claim that arises as a result of: (i) Client’s use of the Services in breach of the Acceptable Use Policy; (ii) the combination, operation or use of the Services with equipment, software, content, services or data not supplied or recommended by TeleSign Telesign in writing; and/or (iii) Client’s failure to use updated or modified software provided by TeleSign Telesign to avoid an infringement claim or failure to install upgrades or patches in a timely manner.

Appears in 1 contract

Samples: Master Services Agreement

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