7. Infringement of Intellecutal Property

7.1

Induxx warrants that it is the owner of the Induxx Software Product and all rights pertaining thereto, including intellectual property rights, or has adequate rights to grant the license to the End User.

7.2

Induxx shall protect, defend, or at the sole discretion of Induxx settle, indemnify and hold the End User harmless against third party claims which are asserted against the End User to the extent that such claims are based upon contention that the Induxx Software Product or any part thereof infringes any copyrights, trademarks or trade secrets of any third party under the laws of the country, provided that:

  • The End User notifies Induxx promptly in writing of any claim in sufficient time to enable Induxx to protect its interests without prejudice.
  • Induxx has the sole right to control the defense and/or settlement thereof.
  • The End User provides all relevant information and reasonable cooperation to Induxx in its defense of such claim, of which the costs will be borne by Induxx.
  • The End User shall not admit or settle any such claim without the prior written consent of Induxx.