By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted under this agreement (unmodified from the form provided by Microsoft
Appears in 7 contracts
Sources: Microsoft Cloud Agreement, Online Services Subscription Agreement, Microsoft Cloud Agreement
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted under this agreement Agreement (unmodified from the form provided by MicrosoftMicrosoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark , or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional
Appears in 5 contracts
Sources: Microsoft Customer Agreement, Microsoft Customer Agreement, Microsoft Customer Agreement
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted under this agreement Agreement (unmodified from the form provided by MicrosoftMicrosoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional
Appears in 4 contracts
Sources: Product Schedule, Microsoft Customer Agreement, Cgi Advantage® Master Agreement
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product Product, Fix or Fix Services Deliverable made available by Microsoft for a fee and used within the scope of the license granted under this agreement (unmodified from the form provided by MicrosoftMicrosoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable to resolve a claim of infringement under commercially reasonable terms, it may,
Appears in 3 contracts
Sources: Business and Services Agreement, Business and Services Agreement, Business and Services Agreement
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted under this agreement (unmodified from the form provided by Microsoftscope
Appears in 3 contracts
Sources: Cooperative Contract, Microsoft Cloud Agreement, Microsoft Cloud Agreement
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted under this agreement (unmodified from the form provided by MicrosoftMicrosoft and not combined with anything else), misappropriates a trade secret or directly infringes a
Appears in 1 contract
Sources: Government Contract Addendum
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix Services Deliverable made available by Microsoft for a fee and used within the scope of the license granted under this agreement (unmodified from the form provided by Microsoftthe
Appears in 1 contract
Sources: Hosted Email Service Level Agreement
By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product or Fix Services Deliverable made available by Microsoft for a fee and used within the scope of the license granted under this agreement Agreement (unmodified from the form provided by MicrosoftMicrosoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent,
Appears in 1 contract
Sources: Hosted Email Service Level Agreement