SciCan STATIM 2000 G4 Manuel De L'utilisateur page 55

party without SciCan's prior written consent; or
(e) disclosure of any source code (if any) provided hereunder to any third party.
ARTICLE 4
UPDATES
4.1 Updates
(a) Provided Customer has opened an account and provided all requested information to SciCan, and, if applicable,
paid the associated fees for Updates, SciCan will provide Updates for the SciCan Software Product in accordance
with SciCan's Update policies and procedures of general application. Prior to discontinuing Updates for the SciCan
Software Product, SciCan will provide Customer with at least six (6) months advance notice. Customer will allow
SciCan to use remote access software to aid in the resolution of problems or questions. Update fees, if any, will be
billed on an annual basis payable in advance.
(b) SciCan will have no obligation to provide Updates or assistance if Customer fails to make any required payment or
otherwise elects to discontinue Update services. In order to reinstate or renew support services, Customer must
first pay SciCan the then current annual Updates services fee and all past unpaid Updates services fees and agree
that all past Updates will be loaded on the SciCan Equipment.
(c) SciCan will have no obligation to provide Updates for any (i) altered, damaged or modified SciCan Equipment or
SciCan Software Product, (ii) SciCan Software Product that is not the then-current or previous sequential release,
(iii) SciCan Software Product problems caused by Customer's negligence or other causes beyond the control
of SciCan, or (iv) a failure that cannot be reproduced at SciCan's facility or via remote access to the Customer's
facility.
ARTICLE 5
OWNERSHIP
5.1 Ownership
SciCan retains all right, title and interest in the SciCan Software Product, Updates, and Documentation and any
copies thereof. Except as otherwise expressly granted in this Agreement, no license, right or interest in any SciCan
trade mark, copyright, trade name or service mark is granted hereunder.
ARTICLE 6
PATENT AND COPYRIGHT INDEMNITY
6.1 SciCan Indemnity
SciCan will defend and indemnify Customer for all costs (including reasonable attorney fees) arising from a claim that
SciCan Software Product furnished and used within the scope of this Agreement infringes a registered copyright or
patent provided that:
(a) Customer notifies SciCan in writing within thirty (30) days of the claim;
(b) SciCan has sole control of the defense and all related settlement negotiations, and
(c) Customer provides SciCan with the assistance, information, and authority necessary to perform the above.
Reasonable expenses incurred by Customer in providing such assistance will be reimbursed by SciCan.
6.2 Exception
SciCan will have no liability for any claim of infringement based on:
(a) use of a superseded or modified release of the SciCan Software Product (except for such alterations or
modifications which have been made by SciCan or under SciCan's direction) if such infringement would have been
avoided by the use of a current unaltered release of the SciCan Software Product; or
(b) the combination, operation, or use of the SciCan Software Product with hardware, programs or data not furnished
or otherwise approved by SciCan if such infringement would have been avoided by the use of the SciCan Software
Product without such hardware, programs or data.
6.3 SciCan's Obligation
In the event the SciCan Software Product is held or believed by SciCan to infringe, or Customer's use of the SciCan
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