Common use of Licensee Indemnity Clause in Contracts

Licensee Indemnity. Licensee shall, to the fullest extent permitted by law and at Licensee’s own cost and expense, defend, indemnify and hold harmless Arcserve including its parent, subsidiaries, affiliates or associated companies, and its and their directors, officers, employees and agents from and against any and all actions, suits, judgments, claims, proceedings, orders, losses, liabilities, damages, penalties, fines, costs, expenses (including attorneys’ fees and court costs) and any incidental or consequential damage, loss, cost or expense flowing from any of the foregoing, that in any way is connected to, arises out of, or relates directly or indirectly to (i) Licensee’s unauthorized use or misuse of the Product, Product Support or Portal provided by Arcserve, (ii) Licensee’s use of the Product, Portal or any data that it stores, backs up, replicates, manages, manipulates or transfers through the use of the Products or Portal in violation of any applicable law or third-party intellectual property rights, (iii) Licensee uses the Software Product in violation of Third Party Terms (defined below), or (iv) Licensee’s breach of any Sanctions and Export Control Laws (defined below).