12.1. By PlanetScale: PlanetScale, the customer and its employees (together the “aggrieved parties”) of and against all losses resulting from third-party claims that the licensed software is used by the customer, as authorized in this Agreement, will be compensated and compensated (i) directly infringing a copyright or third party patent; or (ii) to illegally abuse or use third-party trade secrets (together “counterfeit claims”). If licensed software is to be the subject of a counterfeit claim or, according to PlanetScale, to be the subject of an injury claim, the customer will authorize PlanetScale`s choice and cost: to obtain the customer the right to continue using the software conceded; Replace or modify the licensed software or some of the software so as not to be hurtful; or other measures that PlanetScale deems reasonably desirable in the context of such an alleged violation. In the event that none of these remedies is economically appropriate, PlanetScale may, at its sole discretion, terminate the contract and reimburse the Customer for the fees paid in advance for the part of the authorized period. The provisions of this section 12 constitute the parties` full understanding of PlanetScale`s liability for infringement claims (including related claims for breach of security, if they exist) and the exclusive obligation to compensate and repay an compensated party. 12.2. Communication on rights and compensation procedures. In the case of a claim for which an compensated party seeks compensation or reimbursement in accordance with this section 12, and as a condition of compensation under Section 12, that party must notify PlanetScale in writing as soon as possible, but under no circumstances thirty (30) days after receiving such a right, as well as the additional information that PlanetScale is required to assess to the extent necessary of knowledge or knowledge. information. As a condition of the compensation provided for in Section 12, PlanetScale has the right to take full control of the defence of the law, including the custodian of its choice.
Assuming planetScale defends a claim with a lawyer of its choice, PlanetScale is not liable for additional legal fees and expenses that end with an compensated party or by the parties noted without The explicit written consent of PlanetScale. The party compensated (east) will work with PlanetScale to defend such a claim. Exclusions. Notwithstanding the other provisions of this Agreement, PlanetScale is not required to compensate or reimburse a party compensated for infringement claims, provided it results from (i) the use of licensed software combined with products or services other than those that PlanetScale has made available to the customer or authorized under this Agreement; (ii) Modification of licensed software after delivery to the customer by PlanetScale, with the exception of changes made by PlanetScale or expressly approved in writing; (iii) the use of a licensed version of the software other than the most recent version made available to the customer by PlanetScale as part of this subpage; (iv) the failure of an compensated party to use updates, corrections or extensions of the licensed software that PlanetScale makes available to the customer as part of this sub-activity; or (v) detailed, non-discretionary projects or specifications provided to PlanetScale by an unscathed party that necessarily caused such a claim.