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SNMS
viii 6-00360-04 Rev A
e. Warranty Disclaimer. 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.
f. Third Party Warranties. 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 hereinabove and the terms of all portions of this License apply to such reseller or
distributor to the full extent applicable to ADIC.
Maintenance
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.
Infringement Indemnification
a. ADIC will defend, indemnify, save, and hold Licensee harmless against claims,
demands, liability, damages, and judgments which are 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 is 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 (1) procure for Licensee the right to
continue using the Software, or (2) replace the same with non-infringing software, or
(3) modify the Software so that it becomes non-infringing provided such modified
intellectual property will reasonably meet Licensee's needs.