SHIPPING: The cost of shipping the equipment from Buyer’s fa- cility back to ADTRAN shall be paid by the Buyer. The cost for re- turn shipping of the equipment by surface carrier shall be paid by ADTRAN. ADTRAN will utilize other means of express shipment at the request of the Buyer. The cost of shipping shall be paid by the Buyer if express shipment is requested.
OUT OF WARRANTY: The cost of
ALTERATION TO EQUIPMENT PURCHASED: Modification or alteration to purchased equipment by Buyer, other than that specifically authorized by this Agreement or by ADTRAN, shall VOID AND NULLIFY, in its entirety, all warranty conditions as set forth in Warranty paragraph.
ENGINEERING CHANGES: ADTRAN reserves the right to make progress and design changes in standard product items or- dered without prior approval or notification to Buyer and without incurring any obligations or liability to make the same changes in items previously manufactured.
DATA RIGHTS: Rights to any intellectual property residing in the products or any data furnished hereunder are not granted ex- cept by specific written permission by an authorized representa- tive of ADTRAN. Buyer shall have no right to copy or reproduce in whole or part any data furnished hereunder without the prior written consent of ADTRAN.
PATENT AND COPYRIGHT INDEMNITY: ADTRAN warrants that the equipment and documentation furnished under this Agreement shall be free and clear of infringement of any patent or copyright covering the structure or composition of such articles or documentation. In the event of a claim, suit or action against Buy- er alleging such infringement, ADTRAN shall save Buyer and its affiliates, agents or customers harmless from liability as finally de- termined by a court of competent jurisdiction, for such infringe- ment, provided that Buyer gives ADTRAN notice promptly of