Indemnity and limitation of liability (waiver)
The purpose of indemnity-clause is to define and position the risk of the relationship between the parties. In the LIBLICENSE Model License Agreement the indemnity clause is as follows:
Licensor shall indemnify and hold harmless the Licensee for any losses, claims, damages, awards, penalties, or injuries (including reasonable attorney’s fees) that arise from any alleged breach of the Licensor’s representations and warranties made under this Agreement. This indemnity shall survive the termination of this Agreement. Further they write about Warranties: Licensor shall indemnify and hold harmless the Licensee and any Authorized Users for any losses, claims, damages, awards, penalties, or injuries they incur (including reasonable attorney’s fees) which arise from any third party claim that alleges contract breach, copyright infringement, or other intellectual property infringement arising from the Licensee’s or an Authorized User’s use of or access to the Licensed Materials in accordance with the terms of this Agreement. Additionally, Licensor agrees that no liability limitation that may appear elsewhere in this Agreement applies to, overrides, or cancels this indemnification.