ProSoft Technology RLXIB-IHA-A - Manual (Page 104)

Support, Service & Warranty RLXIB-IHA ♦ 802.11a
User Manual RadioLinx® 802.11a Industrial Hotspot
Page 104 of 123 ProSoft Technology, Inc.
July 25, 2013
7.2.4 Intellectual Property Indemnity
Except as excluded herein, ProSoft will defend any suit or proceeding brought
against Buyer arising out of a claim that the design or construction of ProSoft
branded Products sold or licensed hereunder by ProSoft infringes any patent,
copyright or trademark granted or registered in any country, provided (a) Buyer
promptly notifies ProSoft in writing of any such claim and any suit or proceeding,
(b) at ProSoft's expense, Buyer gives ProSoft the sole right to defend, settle and
control the defense of the suit or proceeding, (c) Buyer provides all necessary
information and assistance for such defense or settlement, and (d) Buyer takes
no position adverse to ProSoft in connection with such claim. In the event
ProSoft is obligated to defend such suit or proceeding, ProSoft will pay all costs
and damages finally awarded or agreed upon by ProSoft that are directly related
thereto. ProSoft's obligations under this paragraph will be fulfilled if ProSoft, at its
option and expense: (i) procures for Buyer the right to continue using such
Products, (ii) replaces the same with non-infringing equipment/software having
functionality similar to that of the Products, (iii) modifies the Products to make
them non-infringing while retaining similar functionality, or (iv) if (i)-(iii) are not
commercially practical, refunds to Buyer the purchase price of the affected
Products in exchange for their return. ProSoft will have no obligation to defend or
for any other liability with respect to: [a] any suit or proceeding to the extent
based on or arising out of a configuration or modification made, specified or
requested by Buyer and which is incorporated into or constitutes the Products, [b]
the use of the Products in a process or application specified, requested or
controlled by Buyer or any third parties. As used in this paragraph, the term
"Products" shall mean only ProSoft's standard hardware, firmware and software
that are generally commercially available, and expressly excludes third-party-
branded equipment/software. THIS PARAGRAPH IS IN LIEU OF ALL
WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED,
THAT THE PRODUCTS WILL BE FREE OF THE RIGHTFUL CLAIM OF ANY
THIRD PARTY BY WAY OF INFRINGEMENT OR THE LIKE.
a) Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be duplicated or reproduced in any
form without prior written consent from ProSoft.
b) ProSoft’s technical specifications and documentation that are included
with the Product are subject to editing and modification without notice.
c) Transfer of title shall not operate to convey to Customer any right to make,
or have made, any Product supplied by ProSoft.
d) Customer is granted no right or license to use any software or other
intellectual property in any manner or for any purpose not expressly
permitted by any license agreement accompanying such software or other
intellectual property.