American Dynamics AD2089 - Manual (Page 50)

Software License Agreement
42 AD2089 Operator’s Manual
the use of the Software or undertake to provide any maintenance, support or information
regarding the Software.
7 U.S. Government Restricted Rights. The Software and Documentation are provided with
restricted rights. Use, duplication or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and
Computer Software Clause of Department of Defense Federal Acquisition Supplement
(DFARS) 252.227-7013 or in subparagraph (g)(3)(i) of Federal Acquisition Regulations (FAR)
52.227-14, Alternate III, as applicable.
8 Indemnity. SEC will defend and hold Customer harmless from any claim, action, suit or
proceeding brought against Customer to the extent that it is based on a claim that the use of
the Software, as such, in accordance with this License Agreement and not as a result of the
combination thereof with any other article, computer software or process, constitutes an
infringement of any United States patent or copyright or the violation of any trade secret, if SEC
is notified thereof promptly after its commencement and is given control of the defense thereof
and any negotiations for its settlement and full cooperation by Customer.
SEC will pay all damages and costs awarded against Customer in connection with any such claim,
except that SEC will not be liable for any amounts paid under any compromise or settlement made
without its consent. If the Software is either claimed or held to infringe or violate any patent or
copyright, SEC may, at its sole option and expense, and Customer will permit SEC to, procure for
Customer the right to continue using the Software or modify it so that it becomes non-infringing or
replace it with a non-infringing counterpart. If neither of such alternatives is available on terms
which are reasonable in SEC's judgment, Customer will return all copies of the Software and
Documentation in the possession of Customer to SEC, at SEC's request, and SEC will refund a
reasonable portion of the license fees paid by Customer to SEC. This Section 8 sets forth SEC's
entire liability regarding infringement and the like.