definiens: means any action brought against [COMPANY] to the extent that it is basedupon a Third Party claim that an [COMPANY] Component used within the Scope infringes any Patent issued in any RelevantAccuray Country or any copyright or misappropriates any trade secret, excluding such claim to the extent resulting from : ( i)use of the Interface, ( ii ) use of any [COMPANY] Component not in accordance with the applicable Functional Specification ; ( iii)use or combination of the [COMPANY] Components with other items, such as the { * * * * * } or any other equipment, processes, programming applications or materials not furnished by [COMPANY] ; ( iv ) modifications to an [COMPANY] Component not made by orat the express written direction of [COMPANY] ; ( v ) [COMPANY] ’ failure to use updated or modified [COMPANY] Components provided byAccuray ; provided that such updated or modified [COMPANY] Components would have avoided the infringement in question, or(vi ) [COMPANY] ’ use or distribution of an [COMPANY] Component other than in accordance with this Agreement