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received. NextRequest shall have no liability to Customer for any infringement action to <br /> the extent such action arises out of a breach of the terms and conditions of this <br /> Agreement by Customer or of the use of the Service (or any component part thereof) <br /> after it has been modified by Customer without NextRequest's prior written consent. <br /> This Section 11.1 states NextRequest's sole liability to, and Customer's exclusive <br /> remedy against, NextRequest for infringement claims. <br /> 11.2. Customer's Indemnification of NextRequest. Customer agrees to defend,indemnify <br /> and hold harmless NextRequest and its affiliates and their respective directors, officers, <br /> employees, and agents from and any and all damages, liabilities, costs, and expenses <br /> (including reasonable attorneys' fees) incurred as a result of any claim,judgment, or <br /> proceeding relating to or arising out of: (a) Customer's breach of this Agreement, <br /> including of any of its warranties or representations;(b)Section 3.4, or (b) any claim <br /> alleging that NextRequest has infringed or secondarily infringed on the patent, <br /> trademark, trade dress, or copyright of a third party as a result of Customer Content or <br /> Customer's use of the Service, whether or not Customer was aware of the allegedly <br /> infringing conduct and whether or not the conduct is actually infringing. <br /> 12. Disclaimers and Limitations on NextRequest's Liability <br /> 12.1. NextRequest is not responsible to Customer or any third party for unauthorized access <br /> to Customer Content or the unauthorized use of the Service unless the unauthorized <br /> access or use results from NextRequest's or its Service Providers' failure to meet its <br /> security obligations under this Agreement. Customer is responsible for the u.se of the <br /> Service by any employee of Customer, any person Customer authorizes to use the <br /> Service, any person to whom Customer has given access to the Service, and any person <br /> who gains access to Customer Content or the Service as a result of Customer's failure to <br /> use reasonable security precautions,even if such use was not authorized by Customer. <br /> Customer is not responsible for the use of the Service by Requesters, so long as such use <br /> would not otherwise be a violation of the foregoing sentence. <br /> 12.2. Disclaimer of Warranty.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE <br /> LAW,THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND <br /> NextRequest MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, <br /> IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION <br /> WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND <br /> NONINFRINGEMENT,AND ALL WARRANTIES ARISING FROM COURSE OF <br /> DEALING,USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY <br /> OF THE FOREGOING,NextRequest MAKES NO REPRESENTATION OR <br /> WARRANTY (A)USE OF THE SERVICE WILL MEET CUTOMER'S REQUIREMENTS, <br /> (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,OR(C) <br /> REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT. <br /> 12.3. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN SECTION 12.4,IN <br /> NO EVENT WILL NextRequest OR ANY OF ITS SUCCESSORS,LICENSORS, <br /> SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION <br /> WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR <br /> EQUITABLE THEORY,INCLUDING BREACH OF CONTRACT, TORT (INCLUDING <br />