BY END USER Clause Samples
The "BY END USER" clause defines rights, obligations, or restrictions that specifically apply to the individual or entity ultimately using a product or service. In practice, this clause may clarify that certain licenses, warranties, or responsibilities are granted only to the end user, not to intermediaries such as resellers or distributors. Its core function is to ensure that the intended recipient of the product or service is clearly identified and that legal terms are properly allocated to those actually using the offering, thereby reducing ambiguity and potential disputes over who holds specific rights or duties.
BY END USER. End User agrees to defend, at its expense, AppDynamics and its affiliates, its suppliers and its resellers against any third party claim to the extent such claim arises from or is made in connection with End User’s breach of Section 1 or End User’s negligence or willful misconduct, and End User shall pay all costs and damages finally awarded against AppDynamics by a court of competent jurisdiction as a result of any such claim.
BY END USER. Subject to AppDynamics’ compliance with Section 7.3, End User agrees to defend, at its expense, AppDynamics and its affiliates, its suppliers and its resellers against any third party claim to the extent such claim arises from or is made in connection with End User’s breach of Section 1 or End User’s negligence or willful misconduct, and End User shall pay all costs and damages finally awarded against AppDynamics by a court of competent jurisdiction as a result of any such claim.
BY END USER. End User agrees to defend, at its expense, Moogsoft against any third party claim to the extent such claim arises from End User’s breach of Section 1 or End User’s negligence or willful misconduct, and End User shall pay all costs and damages finally awarded against Moogsoft by a court of competent jurisdiction as a result of any such claim.
BY END USER. If End User terminates for its convenience, End User’s sole and exclusive remedy and VCE’s sole and exclusive obligation will be to grant End User a credit that corresponds to the period between the effective date of the termination for convenience and the end of the then current Support Services period. Such credit may only be used against future purchases of Products or Support Services from VCE and may be reduced to recapture unearned discounts (meaning discounts to Support Services fee that were based on a End User obligation that can no longer be fulfilled due to the termination).
BY END USER. You hereby agree to indemnify, defend and hold us harmless, and our respective Affiliates, subsidiaries, directors, officers, agents, suppliers, employees and assigns (collectively, "Indemnified Parties"), from and against any Losses arising out of or relating to: (i) your use of Services; (ii) Customer Content and/or any third party information used, maintained or stored in connection with the Services; (iii) your use of 911 or E911 services, including but not limited to your management of and data entry into the Services; (iv) your breach of any representation, covenant or warranty contained herein; (v) violation of any law by you or any third party arising out of or relating to your actions; (vi) the modification or unauthorized use by you or distribution of the Services or Third Generation IP; or (vii) any violation of law in which you are allegedly engaged. Further, Customer will indemnify and hold harmless Third Generation against all damages, costs, and legal fees finally awarded against Third Generation by a court of competent jurisdiction in connection with such third-party claim or agreed to in a written settlement agreement approved in writing by the Customer.
BY END USER. End User agrees to defend, at its expense, SecuPi and its affiliates, its suppliers and its resellers against any third party claim to the extent such claim arises from or is made in connection with End User’s breach of Section 1 or End User’s negligence or willful misconduct, and End User shall pay all costs and damages finally awarded against SecuPi by a court of competent jurisdiction as a result of any such claim.
BY END USER. END-USER agrees to indemnify, defend, and hold IMO harmless from any claims, costs, liabilities, judgments, attorneys’ fees, settlements, penalties or other losses in all causes including, but not limited to losses for tort, personal injury, medical malpractice or product liability arising out of or relating to: (a) END-USER’s use of the Service; (b) any data or information input into the Service by END-USER;
BY END USER. If End User terminates Support Services for its convenience, End User’s sole and exclusive remedy and SUPPLIERS’s sole and exclusive obligation shall be to grant End User a credit that corresponds to the period between the effective date of the termination for convenience and the end of the then current Support Services period. Such credit may only be used against future purchases of Products or Support Services from SUPPLIERS and may be reduced to recapture unearned discounts (meaning discounts to a Support Services fee that were based on an End User obligation that can no longer be fulfilled due to the termination).
BY END USER. End User shall indemnify, defend, and hold Supplier and its directors, officers, agents and employees harmless from and against any and all claims, damages, liabilities, judgments, costs, expenses (including legal costs and reasonable attorney fees) resulting from a claim, suit, action, or proceeding brought by any third party that arises out of or results from a claim (a) alleging that the End User Data, or any use thereof, infringes the intellectual property rights or proprietary rights of others, or has caused harm to a third party, (b) arising out of End User’s use of the Services or Products in breach of this Agreement, or (c) violation of any applicable law or regulations.
BY END USER. The End User, at its own expense, will indemnify, defend and hold harmless Datiphy, and its officers, directors, employees, representatives and agents, from and against any action brought against such person (a) arising out of any use of Software (except to the extent such claims are subject to Datiphy’s obligation under Section 9.1); (b) for personal injury or death arising out of the End User’s gross negligence or willful misconduct; or (c) arising out of any alleged breach of any representation or warranty by the End User in Section 5.1; and the End User will pay all settlements entered into and damages awarded against such person (including reasonable attorneys’ fees) to the extent based on such action.