Common use of Intellectual Property Rights Infringement Clause in Contracts

Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Service Provider that allege that HPE-branded Eligible Products as licensed under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Service Provider’s prompt notification of the claim and cooperation with HPE’s defense. HPE may modify the Products so as to be non-infringing and materially equivalent, or HPE may procure a license. If these options are not available, HPE will refund the amount paid for the affected Eligible Product in the first year or the depreciated value thereafter. HPE is not responsible for claims resulting from any unauthorized use of the Products.

Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Service Provider Customer that allege that an HPE-branded Eligible Products product as licensed supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Service ProviderCustomer’s prompt notification of the claim and cooperation with HPE’s their defense. HPE may modify the Products product so as to be non-non- infringing and materially equivalent, or HPE may procure a license. If these options are not available, HPE will refund to Customer the amount paid for the affected Eligible Product product in the first year or the depreciated value thereafter. HPE is nor Selectium are not responsible for claims resulting from any unauthorized use of the Productsproducts.

Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against Service Provider that allege that HPE-branded Eligible Products as licensed under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Service Provider’s prompt notification of the claim and cooperation with HPE’s defense. HPE may modify the Products so as to be non-infringing and materially equivalent, or HPE may procure a license. If these options are not available, HPE will refund the amount paid for the affected Eligible Product in the first year or the depreciated value thereafter. HPE is not responsible for claims resulting from any unauthorized use of the Products.