Adic End User License Agreement - ADIC Scalar 100 User Manual

4. ADIC will indemnify Buyer for any damages and costs finally awarded 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 copy-
rights 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 sup-
plied 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 OTH-
ERWISE INCLUDING PARTICULAR PURPOSE OR THOSE ARISING
FROM COURSE OF DEALING, 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
REPRESENTATIONS TO BUYER REGARDING THE VALUE OF THIS
AGREEMENT.

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.
2
ADIC Limited Product Warranty