Credit Union Intellectual Property Warranty & Indemnification

CREDIT UNION warrants that it owns or has the right to license the rights granted under this Agreement to use photographs and other materials, etc., that it has obtained any and all necessary permissions from third parties to license the photographs and other materials, etc., and that use of photographs and other materials, etc. by CU*ANSWERS in accordance with the terms of this Agreement shall not infringe the copyright of any third party.

CU*ANSWERS shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the photographs and other materials, etc.

CREDIT UNION shall indemnify and hold CU*ANSWERS and its Affiliates, Officers, Directors, and Employees (“Authorized Users”) harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any claim by any third party including, but not limited to, claims for libel, invasion of privacy, commercial appropriation of one’s name or likeness, copyright infringement, trademark, trade name or patent infringement, commercial defamation, false advertising, or any other claim whether based in tort or contract, or on account of any state or federal statute, including state and federal deceptive trade practices acts, arising out of the use of the [photographs and other materials, etc.] by CU*ANSWERS or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this Agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.

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