Installing VolServ
Disclaimer
Maintenance
Infringement Indemnification
EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, ADIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR THE SOFTWARE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
No reseller or distributor of the Software who may have participated in offering, demonstrating, promoting or delivering the Software subject to this License makes any warranty whatsoever. All limitations and exclusions of warranty, disclaimers of warranty, limitations of damages and remedies are as set forth herein above and the terms of all portions of this License apply to such reseller or distributor to the full extent applicable to ADIC.
Maintenance, enhancements and Updates for the Software are not covered under this License. If desired by the Licensee, such services must be provided for under separate agreement.
ADIC shall defend, indemnify, save, and hold Licensee harmless against claims, demands, liability, damages, judgments, finally adjudicated, including attorney’s fees and court costs arising or resulting directly from any claim, suit or litigation brought against Licensee based on infringement of any U. S. patent or copyright by the Software (except that indemnification does not apply to any third party software which may be embedded therein), provided, however, that such indemnity shall be conditioned upon receipt by ADIC of prompt notification in writing of such claim and that Licensee provides continuing information and reasonable assistance for the defense and settlement of any claim. ADIC will retain attorneys, as deemed necessary, and conduct the defense and settlement of such claim. ADIC may, at its own expense and at its option, either:
•procure for Licensee the right to continue using the Software,
•replace the same with
•modify the Software so that it becomes
x | License Agreement |
