The Fifth Exclusion from IP Indemnity: Combination

The Fifth Exclusion from IP Indemnity: Combination


Vendor’s obligations set forth in Section __ (IP Indemnity) do not apply to the extent that an Indemnified Claim regarding intellectual property infringement arises out of: . . . [Choose one version of Subsection (e) below.]

(e)  use of the Software in combination with hardware or software not provided by Vendor.

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(e)  use of the Software in combination with hardware or software not provided by Vendor, unless the Documentation or Specifications refers to a combination with such hardware or software (without directing the user not to perform such a combination).

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(e)  use of the Software in combination with hardware or software not provided by Vendor, unless: (i) the Documentation or Specifications refers to a combination with such hardware or software (without directing the user not to perform such a combination); or (ii) such combination achieves functionality described in the Documentation or Specifications (and neither the Documentation nor Specifications directs the user not to perform such combination).