Limitation of Indemnification Obligations. Notwithstanding anything to the contrary set forth in this Agreement: (i) the remedies in Section 8(a) shall be the Company's sole remedies in the event of a successful claim of Intellectual Property infringement; and (ii) IPS shall have no liability to the Company under this Section 8 if (1) any infringement is based upon the Company's use of the Utility Software in combination with any software not furnished by IPS, (2) the Utility Software is used in a manner for which it is not designed or (3) the infringement is based upon modifications of the Utility Software made by or for the Company.
Appears in 2 contracts
Sources: Software License Agreement (Moneygram Payment Systems Inc), Software License Agreement (Moneygram Payment Systems Inc)
Limitation of Indemnification Obligations. Notwithstanding anything to ----------------------------------------- the contrary set forth in this Agreement: (i) the remedies in Section 8(a) shall ------------ be the Company's sole remedies in the event of a successful claim of Intellectual Property infringement; and (ii) IPS shall have no liability to the Company under this Section 8 if (1) any infringement is based upon the Company's --------- use of the Utility IPS Application Software in combination with any software not furnished by IPS, (2) the Utility IPS Application Software is used in a manner for which it is not designed or permitted here under or (3) the infringement is based upon modifications of the Utility IPS Application Software made by or for the Company.
Appears in 1 contract
Sources: Software License Agreement (Moneygram Payment Systems Inc)