Common use of When Not Applicable Clause in Contracts

When Not Applicable. The above provision shall not apply to and Atheros shall have no liability or obligation for any infringement arising from: (a) any modification, servicing or addition made to the Component by anyone other than Atheros, (b) the use of the Component as a part of or in combination with any devices, parts or software not provided by Atheros to the extent such combination itself or any such device, part or software not provided by Atheros gives rise to the infringement, (c) the use of such Component to practice any method or process which does not occur wholly within the Component to the extent such method or process occurring outside the Component gives rise to the infringement, (d) compliance with Buyer’s design requirements or specifications, (e) Buyer’s use or sale of such Component after notice from Atheros that Buyer should cease use of the Component due to such Claim, or (f) any implementation of a Component other than in a Licensee Product.

When Not Applicable. The above provision shall not apply to and Atheros shall have no liability or obligation for any infringement arising from: (a) any modification, servicing or addition made to the Component by anyone other than (i) Atheros or (ii) an authorized agent of Atheros, (b) the use of the Component as a part of or in combination with any devices, parts or software not provided by Atheros to the extent such combination itself or any such device, part or software not provided by Atheros gives rise to the infringementAtheros, (c) the use of such Component to practice any method or process which does not occur wholly within the Component to the extent such method or process occurring outside the Component gives rise to the infringementComponent, (d) compliance with Buyer’s design requirements or specifications, (e) the use of other than the then-current unaltered release of the Component available from Atheros, where provided by Atheros and where such use would avoid the infringement (f) Buyer’s use or sale of such Component after notice from Atheros that Buyer should cease use of the Component due to such Claim, Claim or (fg) any implementation of a Component other than in a Licensee Product.