Common use of Product Assurance Clause in Contracts

Product Assurance. ImageSoft represents and warrants that its hardware, software and any related systems and/or services related to its software and/or hardware (collectively, the "Product") furnished by ImageSoft to County will not infringe upon or violate any patent, copyright, trademark, trade secret, or any other proprietary right of any third party. ImageSoft will, at its expense, defend any suit brought against County and will indemnify County against an award of damages and costs (including reasonable attorney fees, court costs and appeals), made against County by settlement or final judgment of a court that is based on a claim that the use of ImageSoft’s Product infringes an intellectual property right of a third party. Such defense and indemnity shall survive termination or expiration of the Agreement and ImageSoft’s liability for the above is not limited by any limitation of liability clauses that may appear in any document executed by the Parties.

Product Assurance. ImageSoft represents and warrants that its hardware, software and any related systems and/or services related to its software and/or hardware (collectively, the "Product") furnished by ImageSoft to County will not infringe upon or violate any patent, copyright, trademark, trade secret, or any other proprietary right of any third party. ImageSoft will, at its expense, defend any suit brought against County and will indemnify County against an award of damages and costs (including reasonable attorney fees, court costs and appeals), made against County by settlement or final judgment of a court that is based on a claim that the use of ImageSoft’s Product infringes an intellectual property right of a third party. Such defense and indemnity shall survive termination or expiration of the Agreement and ImageSoft’s liability for the above is not limited by any limitation of liability clauses that may appear in any document executed by the Partiesparties.