ADIC Scalar 1000 User Manual page 220

4. ADIC will indemnify Buyer for any damages and costs finally awarded
5. ADIC DOES NOT WARRANT THAT THE PRODUCTS WILL MEET
6. BUYER ACKNOWLEDGES THAT ADIC HAS NOT MADE, AND
212 ADIC Limited Product Warranty
SNC 5100
against Buyer on the grounds that the Products, in the form and
condition delivered by ADIC to Buyer hereunder, infringe on any
valid United States patents or copyrights of any third party, provided
that Buyer notifies ADIC in writing of any such claim within 10
days after learning thereof and that Buyer gives ADIC full control
over the defense and settlement of the claim and fully cooperates
with ADIC with respect thereto. If any such claim is brought or is
likely to be brought, ADIC may at its option replace or modify the
Products to make them non-infringing, or refund to Buyer, upon the
return of the Products at issue, the price paid therefore, less 20% for
each year which has passed since the date of delivery hereunder.
Buyer must discontinue all use of any portion of the Products that
has been replaced or modified or for which such a refund has been
tendered. ADIC's obligation hereunder will not apply to any claim
based on ADIC's following Buyer's or its customers' specifications
or requests, the use of the Products to practice a process or in
conjunction with items not supplied by ADIC, and Buyer will
similarly indemnify ADIC with respect to any such claims. THE
FOREGOING STATES ADIC'S SOLE RESPONSIBILITY, AND
BUYER'S SOLE REMEDY, FOR ANY INFRINGEMENTS OF
ANY PROPRIETARY RIGHTS.
ALL END-USER REQUIREMENTS OR THAT OPERATION OF
THE PRODUCTS WILL BE UNINTERRUPTED OR TROUBLE
FREE. THE WARRANTIES SET FORTH ABOVE ARE THE
ONLY WARRANTIES MADE BY ADIC. ADIC EXPRESSLY
DISCLAIMS AND EXCLUDES ALL OTHER REMEDIES,
EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY
LAW OR OTHERWISE INCLUDING PARTICULAR PURPOSE
OR THOSE ARISING FROM COURSE OF DEALING, COURSE
OF PERFORMANCE, OR TRADE USAGE.
BUYER IS NOT RELYING UPON, ANY EXPRESS OR IMPLIED
WARRANTIES OR REPRESENTATIONS TO BUYER
REGARDING THE VALUE OF THIS AGREEMENT.
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