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b. By Customer. Customer will defend or settle any third-party claim against Company to the <br /> extent that such claim alleges that Customer Data or Customer's use of the Customer Data with <br /> the Service violates a copyright, patent, trademark or other intellectual property or the privacy <br /> and publicity right of anyone, if Company promptly notifies Customer of the claim in writing, <br /> cooperates with Customer in the defense, and allows Customer to solely control the defense or <br /> settlement of the claim. Costs. Customer will pay claim defense costs it incurs in defending <br /> Customer, and Customer negotiated settlement amounts,and court awarded damages. <br /> c.Government Application.This Section shall only apply to the extent it is permitted by sovereign <br /> immunity or other similar laws regarding indemnification by government customers. <br /> 10. GOVERNING LAW AND FORUM.This agreement is governed by the laws of the state where <br /> Customer's headquarter is located(without regard to conflicts of law principles)for any dispute <br /> between the parties under this agreement or relating in any way to this agreement.Nothing in <br /> this agreement prevents either party from seeking injunctive relief in a court of competent <br /> jurisdiction.The prevailing party in any litigation is entitled to recover its attorneys'fees and <br /> costs from the other party. Customer agrees that any action at law or in equity arising out of <br /> or relating to this Agreement will be filed only in the federal court or state courts located in <br /> Snohomish County, Washington, and Customer hereby irrevocably and unconditionally <br /> consents and submits to the exclusive jurisdiction of such courts over any suit, action or <br /> proceeding arising out of this Agreement. <br /> 11. OTHER TERMS. <br /> a. Third-Party Platform Service. Customer may be provided with access to certain third-party <br /> web-based components as part of the Service (example without limitation, third-party stock <br /> photos, public datasets, and third-party maps) (Third-Party Services). Customer must agree to <br /> such Third-party Service contracts if it chooses to use those third-party services.Such Third-Party <br /> Services will be solely governed by such third-party service contracts, and are provided AS-IS. <br /> b. Open Source Code with the API. Company does not own any open source code that may be <br /> provided with the API and it is provided as a convenience to Customer.Such open source code is— <br /> provided-AS-IS-and-is-governed by theapplicable-open source livens that applies to such code. <br /> c. Federal Application. The Service and Documentation is a "commercial item," as that term is <br /> defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial <br /> computer software documentation,"as such terms are used in 48 C.F.R. 12.212. Consistent with <br /> 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users <br /> acquire only those rights in the Service and the Documentation that are provided under this <br /> agreement. <br /> 10 <br />