any software or other materials or processes provided by or requested by Customer; or (4) infringement by any Third Party Product, whether supplied by Dell or not. 13.3 Clauses 13.1 and 13.2 set out Customer's sole and exclusive remedies for any IPR Claim. 13.4 Customer shall defend and indemnify Dell against any third party claim or action arising out of (1) Customer's failure to obtain any appro