7.1 Licensee shall indemnify and defend against any and all claims, including claims by third parties or employees of Licensee, which arise directly or indirectly out of Licensee's use or operation of the Software Development Kit or
Redistributable Software.
7.2 The Licensor shall indemnify and hold the Licensee harmless from loss, damage, or liability for direct infringement of any United States, Canadian, or European Union member state patent or copyright with respect to the Software Development Kit or Redistributable Software, provided that the Software Development Kit or Redistributable Software have not been modified and provided the Licensor is promptly notified by the Licensee in writing of any infringement and is permitted to defend, compromise or settle such suit or claim, and provided the Licensee gives to the Licensor such available information, assistance and authority as the Licensor deems necessary to the defense of such suit or claim. Should the use of the Software Development Kit or Redistributable Software be enjoined, or in the event that the Licensor desires to minimize its
liabilities hereunder, the Licensor shall have the right, at its sole option and expense to:
7.2.1 Procure for the Licensee the right to continue the use of the Software Development Kit or Redistributable Software; or,
7.2.2 Replace the Software Development Kit or Redistributable Software with a non-infringing product; or,
7.2.3 Modify the Software Development Kit or Redistributable Software so that it becomes non-infringing; or,
7.2.4 Refund to the Licensee the purchase price paid, if any, by the Licensee for the Software Development Kit.