ADIC Scalar 1000, SNC 5100 manual Adic Limited Product Warranty 00020-02

SNC 5100

4.ADIC will indemnify Buyer for any damages and costs finally awarded against Buyer on the grounds that the Products, in the form and condition delivered by ADIC to Buyer hereunder, infringe on any valid United States patents or copyrights of any third party, provided that Buyer notifies ADIC in writing of any such claim within 10 days after learning thereof and that Buyer gives ADIC full control over the defense and settlement of the claim and fully cooperates with ADIC with respect thereto. If any such claim is brought or is likely to be brought, ADIC may at its option replace or modify the Products to make them non-infringing, or refund to Buyer, upon the return of the Products at issue, the price paid therefore, less 20% for each year which has passed since the date of delivery hereunder. Buyer must discontinue all use of any portion of the Products that has been replaced or modified or for which such a refund has been tendered. ADIC’s obligation hereunder will not apply to any claim based on ADIC’s following Buyer’s or its customers’ specifications or requests, the use of the Products to practice a process or in conjunction with items not supplied by ADIC, and Buyer will similarly indemnify ADIC with respect to any such claims. THE FOREGOING STATES ADIC’S SOLE RESPONSIBILITY, AND BUYER’S SOLE REMEDY, FOR ANY INFRINGEMENTS OF ANY PROPRIETARY RIGHTS.

5.ADIC DOES NOT WARRANT THAT THE PRODUCTS WILL MEET ALL END-USER REQUIREMENTS OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR TROUBLE FREE. THE WARRANTIES SET FORTH ABOVE ARE THE ONLY WARRANTIES MADE BY ADIC. ADIC EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE INCLUDING PARTICULAR PURPOSE OR THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

6.BUYER ACKNOWLEDGES THAT ADIC HAS NOT MADE, AND BUYER IS NOT RELYING UPON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO BUYER REGARDING THE VALUE OF THIS AGREEMENT.

212 ADIC Limited Product Warranty

6-00020-02