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party claim, suit, action, or proceeding ("Third-Party Claim") alleging that Licensee's <br />Permitted Use of the Data Services infringes or misappropriates such third party's US <br />intellectual property rights/US patents, copyrights, or trade secrets, provided that <br />Licensee promptly notifies Licensor in writing of the claim, cooperates with Licensor, <br />and allows Licensor sole authority to control the defense and settlement of such claim.  <br />6.1.1. If such a claim is made or appears possible, Licensee agrees to permit Licensor, at <br />Licensor's sole discretion, to (i) modify or replace any such infringing part or feature of <br />the Data Services to make it non-infringing, or (ii) obtain rights to continue use. If <br />Licensor determines that none of these alternatives are reasonably available, Licensor <br />may terminate the Agreement in its entirety or with respect to the affected part or <br />feature of the Data Services, effective immediately on written notice to Licensee. <br />6.1.2. This Section 6.1 will not apply to the extent that the alleged infringement arises <br />from (i) use of the Data Services in combination with data, software, hardware, <br />equipment, or technology not provided by Licensor or authorized by Licensor in writing <br />or (ii) Licensee's violation of Section 1.3 of these Terms. <br />6.2. Licensee Indemnification. Licensee shall indemnify, defend, and hold harmless <br />Licensor from and against any Losses resulting from any Third-Party Claim based on: (i) <br />the negligence or willful misconduct or any fraudulent act or omission of Licensee; or (ii) <br />the use of the Site and/or Data Services in a manner not authorized by these Terms or <br />any applicable Order Form; or (iii) Licensee’s breach of the Agreement. <br />6.3. Indemnification Conditions. The Parties’ obligations under this Section 6 are <br />contingent upon the indemnified Party giving prompt written notice to the indemnifying <br />Party of any claim subject to indemnification and giving the indemnifying Party sole <br />control of the defense or settlement of the claim. The indemnifying Party shall not settle <br />or consent to an adverse judgment in any such claim that adversely affects the rights or <br />interests of the indemnified Party or imposes additional obligations on the indemnified <br />Party, without the prior express written consent of the indemnified Party. <br />6.4. Sole Remedy. SECTION 6 SETS FORTH LICENSEE'S SOLE REMEDIES AND <br />LICENSOR'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL , THREATENED, OR <br />ALLEGED CLAIMS THAT THE DATA SERVICES INFRINGE, MISAPPROPRIATE , OR <br />OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. <br />7. Limitations of Liability <br />IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THESE <br />TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, <br />10/23/25, 1:37 PM Enterprise Terms of Service <br />https://www.airdna.co/legal/enterprise-terms-of-service 8/15 <br />Docusign Envelope ID: 071B8E12-6074-40C4-9776-8B9CE9408BBE