Oracle Indemnification Sample Clauses
Oracle Indemnification. Oracle will, at Oracle’s expense, indemnify and defend Client from and against any liabilities, losses, damages, costs, and expenses resulting from a third-party claim that the Oracle materials infringes or misappropriates any U.S. patent issued as of the Effective Date or any copyright or trade secret of a third party during the term of the Agreement so long as Client follows the procedure set forth in Section 10.1, above.
Oracle Indemnification. Oracle will defend and indemnify ISI Member against:
a. All claims and damages to ISI Member caused by Oracle's failure to include the following contractual provisions in each Customer agreement:
i. Restrict use of the ISI Member Programs to object code;
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Oracle Indemnification. Oracle agrees to indemnify and defend Client from and against any liability owed to a third party (including, without limitation, government fines and judicial awards) as a result of the Services infringing upon such third party’s U.S. copyright or trademark rights. If any portion of the Services becomes, or in Oracle’s opinion is likely to become, the subject of a claim of infringement, Oracle may, at Oracle’s option: (i) procure for Client the right to continue using the Services; (ii) replace the Services with non-infringing software or services which do not materially impair the functionality of the Services; (iii) modify the Services so that they become non-infringing; or (iv) terminate this Agreement and refund any fees actually paid by Client to Oracle for the remainder of the term then in effect, and upon such termination, Client will immediately cease all use of the Services. Notwithstanding the foregoing, Oracle shall have no obligation under this section or otherwise with respect to any infringement claim based upon (a) any use of the Services not in accordance with this Agreement; (b) any use of the Services in combination with other products, equipment, software or data not supplied by Oracle; or (c) any modification of the Services by any person other than Oracle or its authorized agents. This Section
9.1 states the sole and exclusive remedy of Client and the entire liability of Oracle, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement claims and actions.