Triton FT7000XP User Manual - Manual (Page 203)

B-3
A
PPENDIX
B - W
ARRANTY
S
TATEMENT
I
NTERPRETATION AND
O
THER
P
AROLE
E
VIDENCE
This writing is intended by the parties as final expression of their agreement and is intended also as a
complete and exclusive statement of the terms of their agreement. No course of prior dealing between the
parties and no usage of the trade shall be relevant to supplement or explain any term used in these terms and
conditions. Acceptance or acquiescence in a course of performance rendered under these terms and
conditions shall not be relevant to determine the meaning of these terms and conditions even though the
accepting or acquiescing party has knowledge of the performance and opportunity for objection. When-
ever a term defined by the Uniform Commercial Code, as adopted in Mississippi, is used in these terms and
conditions, the definition contained in the code is to control.
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 Distributor of any information, date, service, or applications assistance; or (iv) the use of
the goods with modifications 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 compliance with the Distributor’s designs, specifications or instruc-
tions. 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 final 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.
M
ODIFICATIONS
These terms and conditions can be modified or rescinded only by writing signed by both the parties or their
duly authorized agents.
W
AIVER
I
NEFFECTIVE
No claim or right arising out of or relating to a breach of these terms and conditions can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. Waiver by either Manufacturer
or Distributor of a breach by the other of any provision of these terms and conditions shall not be deemed
a waiver of future compliance therewith, and such provisions shall remain in full force and effect.