Adic End User License Agreement - ADIC Scalar 100 User Manual

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 set-
tlement 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.
5. ADIC DOES NOT WARRANT THAT THE PRODUCTS WILL MEET 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 INCLUD-
ING PARTICULAR PURPOSE OR THOSE ARISING FROM COURSE OF DEAL-
ING, COURSE OF PERFORMANCE, OR TRADE USAGE.
6. BUYER ACKNOWLEDGES THAT ADIC HAS NOT MADE, AND BUYER IS
NOT RELYING UPON, ANY EXPRESS OR IMPLIED WARRANTIES OR REP-
RESENTATIONS TO BUYER REGARDING THE VALUE OF THIS AGREE-
MENT.

ADIC End User License Agreement

This License defines the terms and conditions of the license between Advanced Digital
Information Corporation (ADIC) and Licensee for use of ADIC's software and related
documentation. Any software or related materials provided to Licensee by ADIC will be
subject to the terms and conditions of this License and by opening the accompanying
package and/or by using the products, Licensee signifies its agreement with this license.
1. Software License.
a.) License. In consideration of Licensee's payment of the License fees and subject
to the terms of this License, ADIC grants to Licensee a personal, non-exclusive,
non-transferable license to use the Software (Software is defined as the current
version of the software products accompanying this license agreement in object
code form only). A separate license is required for use of each Software program on
each of Licensee's computers. The Software will be installed initially on Licensee's
Designated Computer. Licensee may thereafter transfer the Software to another one
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ADIC End User License Agreement