Triton RL2000 User Manual - Manual (Page 47)

B-3
W
ARRANTY
S
TATEMENT
Manufacturer shall not have any liability to the Distributor under any provision of this clause if any infringement,
or claim thereof, is based upon: (i) the use of the goods in combination with other goods or devices which are
not made by Manufacturer; (ii) the use of the goods in practicing any process; (iii) the furnishing to the Distribu-
tor of any information, date, service, or applications assistance; or (iv) the use of the goods with modifi cations
made by the Distributor. The Distributor shall hold Manufacturer harmless against any expense, judgment or
loss for infringement of any patent or other intellectual property right which results from Manufacturer’s com-
pliance with the Distributor’s designs, specifi cations or instructions. No costs or expenses shall be incurred for
the account of Manufacturer without the written consent of Manufacturer. THE FOREGOING STATES THE
ENTIRE LIABILITY OF MANUFACTURER WITH RESPECT TO INFRINGEMENT OF PATENTS
OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE GOODS OR ANY PART THEREOF, OR
BY THEIR OPERATION.
In the event that a fi nal injunction shall be obtained against the Distributor’s use of the goods or any of their
parts by reason of infringement of a patent or other intellectual property right or if in Manufacturer’s opinion
the goods are likely to become the subject of a claim of infringement of a patent or other intellectual property
right, Manufacturer will, at its option and at its expense, either procure for the Distributor the right to continue
using the goods, replace or modify the same so they become non-infringing or grant the Distributor a credit for
such goods as depreciated and accept their return. The depreciation shall be an equal amount per year over the
lifetime of the goods as established by Manufacturer.
D
EFENSE OF
I
NFRINGEMENT
C
LAIMS
If notifi ed promptly in writing of any action (and all prior claims relating to such action) brought against the
Distributor based on a claim that Distributor’s use of the goods infringes a patent or other intellectual property
right, and if given access by Distributor to any information distributor has regarding such alleged infringement,
Manufacturer agrees to defend Distributor in such action at its expense and will pay any costs or damages fi nally
awarded against Distributor in any such action, provided the Manufacturer shall have had sole control of the
defense of any such action and all negotiations for its settlement or compromise.