NON-STANDARD SOFTWARE PRODUCTS OR USES. LICENSOR shall not be obligated to defend any suit or proceeding, or otherwise take any action, or be liable for any costs or damages, if the infringement arises out of (i) compliance with LICENSEE's instructions or specifications or any marking or branding applied at the request of LICENSEE, (ii) modification of Software Products other than by LICENSOR or not in accordance with LICENSOR's written instructions, (iii)use of Software Products for other than the purposes for which they were designed or (iv) use of other than LICENSOR's most recent release of the Software Product.
Appears in 2 contracts
Sources: Purchase/Resale Agreement (Interwave Communications International LTD), Purchase/Resale Agreement (Interwave Communications International LTD)
NON-STANDARD SOFTWARE PRODUCTS OR USES. LICENSOR shall not be obligated to defend any suit or proceeding, or otherwise take any action, or be liable for any costs or damages, if the infringement arises out of (i) compliance with LICENSEE's instructions or specifications or any marking or branding applied at the request of LICENSEE, (ii) modification of Software Products other than by LICENSOR or not in accordance with LICENSOR's written instructions, (iii)use iii) use of Software Products for other than the purposes for which they were designed designed, or (iv) use of a release other than any of LICENSOR's most recent release releases during the past two years of the Software Product.
Appears in 1 contract
Sources: Software License Agreement (Blue Sky Communications Inc)