SciCan STATIM 2000 G4 Manuel De L'utilisateur page 56

Software Product is enjoined, SciCan will have the option, at its expense, to:
(a) modify the SciCan Software Product to be non-infringing; or
(b) obtain for Customer a license to continue using the SciCan Software Product; or
(c) substitute the SciCan Software Product with other software reasonably suitable to operate the SciCan
Equipment; or
(d) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing SciCan
Software Product and refund the price of the affected SciCan Equipment, prorated over a five-year term
calculated from the Effective Date.
6.4 Entire Liability for Infringement
This Article 6 states SciCan's entire liability for infringement or misappropriation of intellectual property rights.
ARTICLE 7
WARRANTY
7.1 Warranty
SciCan warrants that it has title to and/or the authority to grant licenses of the SciCan Software Product. Customer's
exclusive remedy with respect to breach of this provision will be pursuant to Article 6 (Patent and Copyright Indem-
nity).
7.2 Functionality
SciCan warrants for a period of ninety (90) days from the Effective Date that the SciCan Software Product, unless
modified by Customer and provided that all Updates have been installed, will perform, in all material aspects, the
functions described in the Documentation when operated on the related SciCan Equipment.
7.3 Services
SciCan reserves the right to charge Customer for services performed by SciCan in connection with reported failures
which are later determined to be caused by operator error, untrained users, site electrical malfunction, software or
hardware not supplied or recommended by SciCan or by alterations or additions to the SciCan Equipment or the
SciCan Software Product other than by way of Updates or by persons other than SciCan employees or consultants.
7.4 DISCLAIMER
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, NON-
INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 8
LIMITATION OF LIABILITY
8.1 LIMITED LIABILITY
EXCEPT AS PROVIDED IN Article 6 (PATENT AND COPYRIGHT INDEMNITY), SCICAN'S LIABILITY FOR DAMAGES
UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE AMOUNT PAID BY LICENSEE TO SCICAN FOR THE
SCICAN EQUIPMENT IN CONNECTION WITH WHICH THE CLAIM AROSE. IN NO EVENT WILL SCICAN BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL SCICAN LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS
OF THE FORM OF ACTION WHETHER BASED IN CONTRACT, TORT, OR ANY LEGAL THEORY. THE PARTIES
AGREE TO THE ALLOCATION OF LIABILITY RISK WHICH IS SET FORTH IN THIS SECTION 8.1.
ARTICLE 9
CONFIDENTIALITY
9.1 Maintain Confidentiality
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