ADIC Scalar Reference Manual page 7

Scalar DLC
d Warranty Exclusions. This warranty is made void if the Licensee or any other
third party makes any modifications to the Software. Licensee will pay ADIC for
corrections necessitated by difficulties or defects traceable to Licensee's errors or
system changes in accordance with ADIC's then current standard time and material
charges.
e Warranty Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY
STATED ABOVE, ADIC MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, FOR THE SOFTWARE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
f Third Party Warranties. No reseller or distributor of the Software who may have
participated in offering, demonstrating, promoting or delivering the Software sub-
ject to this License makes any warranty whatsoever. All limitations and exclusions
of warranty, disclaimers of warranty, limitations of damages and remedies are as
set forth hereinabove and the terms of all portions of this License apply to such
reseller or distributor to the full extent applicable to ADIC.
8. Maintenance
Maintenance, enhancements and Updates for the Software are not covered under
this License. If desired by the Licensee, such services must be provided for under sep-
arate agreement.
9. Infringement Indemnification
a ADIC will defend, indemnify, save, and hold Licensee harmless against claims,
demands, liability, damages, and judgments which are finally adjudicated, includ-
ing attorney's fees and court costs arising or resulting directly from any claim, suit
or litigation brought against Licensee based on infringement of any U. S. patent or
copyright by the Software (except that indemnification does not apply to any third
party software which may be embedded therein), provided, however, that such
indemnity is conditioned upon receipt by ADIC of prompt notification in writing
of such claim and that Licensee provides continuing information and reasonable
assistance for the defense and settlement of any claim. ADIC will retain attorneys,
as deemed necessary, and conduct the defense and settlement of such claim. ADIC
may, at its own expense and at its option, either (1) procure for Licensee the right
to continue using the Software, or (2) replace the same with non-infringing soft-
ware, or (3) modify the Software so that it becomes non-infringing provided such
modified intellectual property will reasonably meet Licensee's needs.
b Upon failure of (1), (2) or (3) above, despite the reasonable efforts of ADIC, Lic-
ensee may terminate this License only with respect to the Software adversely
affected by such action or claim. Upon such termination ADIC will promptly
refund to Licensee any License Fees paid and other payments made for the
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