This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
8.7. No General Indemnification. Except as specifically set forth in paragraph 5.3, the Parties shall not indemnify one another against any acts, deeds, omissions, claims, causes of action or disputes that may arise from this Agreement or from the relationship of the Parties. Without limiting the foregoing in any manner, neither party warrants any designs, products or methods disclosed by or claimed in their patents licensed to the other party under this Agreement. In the event that a party patent holder is joined in any action or claim for any physical or economic injury to a third party as a result of a particular licensed patent or design employed by the other party (including without limitation claims alleging a design defect, manufacturing defect, infringement, act of negligence, violation of law, or other wrong), then that party patent holder shall defend itself and pay its own costs, attorneys fees and other expense incurred or brought against the party patent holder. Nothing in this Agreement shall prevent the party patent holder from seeking a voluntary agreement for indemnity from the licensed party on such terms and conditions as the Parties may mutually agree, however the licensed party is not obligated to undertake any such indemnification.