Common use of Respecting intellectual property Clause in Contracts

Respecting intellectual property. 5.1 The “Dell” Brand and our “intellectual property” including, but not limited to, all copyright, trademarks, service marks, patents, database rights, design rights, and domain names, whether registered or not) is very important to us. You may only use our intellectual property in ways that we have expressly told you in writing are acceptable to us. You will find those instructions on the Portal or if you are not a member of the Program then you must ask us for a copy of the instructions when requesting approval to use our intellectual property. When requesting approval to use our copyright Product images, you will be required to accept and comply with the Terms and Conditions of Dell Copyright Image Use. 5.2 We do not claim any rights to your intellectual property. Each of you and us will indemnify the other for claims made by others resulting from our respective use of their intellectual property. Thus (except to the extent we are obligated to indemnify you under section 5.3), you will defend, indemnify and hold harmless Dell from and against all claims by a third party (including end-customers) against Dell related to: (i) Your or any end-customer‟s use of any of the Dell Offerings; (ii) Your use of Dell‟s licenced proprietary indicia, trademarks, service marks, trade names, logos, symbols and/or brand names in any manner other than as permitted under this Agreement; (iii) Your or any end-customer‟s marketing, promotion or sale of the Dell Offerings in a manner that is not authorised or permitted under this Agreement; (iv) any claims or allegations that any Dell Offerings infringe the intellectual property rights and/or privacy rights of any third party; (v) any breach of your representations and warranties hereunder; or (vi) your or any end-customer‟s unauthorised modification of the Dell Offering or related software or documentation or unauthorised combination of anything provided under this Agreement with any hardware, software, products, data or other materials not specified or provided by Dell.