Sensormatic VM32 Operator's Manual download pdf (Page 105)

C-6 Operator's Manual

(c)(1)(ii) of the Rights in Technical Data and Computer Software Clause

of Department of Defense Federal Acquisition Supplement (DFARS)

252.227-7013 or in subparagraph (g)(3)(i) of Federal Acquisition

Regulations (FAR) 52.227-14, Alternate III, as applicable.

8. Indemnity. SEC will defend and hold Customer harmless from any

claim, action, suit or proceeding brought against Customer to the extent

that it is based on a claim that the use of the Software, as such, in

accordance with this License Agreement and not as a result of the

combination thereof with any other article, computer software or process,

constitutes an infringement of any United States patent or copyright or

the violation of any trade secret, if SEC is notified thereof promptly after

its commencement and is given control of the defense thereof and any

negotiations for its settlement and full cooperation by Customer.

SEC will pay all damages and costs awarded against Customer in

connection with any such claim, except that SEC will not be liable for

any amounts paid under any compromise or settlement made without its

consent. If the Software is either claimed or held to infringe or violate

any patent or copyright, SEC may, at its sole option and expense, and

Customer will permit SEC to, procure for Customer the right to continue

using the Software or modify it so that it becomes non-infringing or

replace it with a non-infringing counterpart. If neither of such

alternatives is available on terms which are reasonable in SEC's

judgment, Customer will return all copies of the Software and

Documentation in the possession of Customer to SEC, at SEC's request,

and SEC will refund a reasonable portion of the license fees paid by

Customer to SEC. This Section 8 sets forth SEC's entire liability

regarding infringement and the like.

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Sensormatic VM32 Operator's Manual Page 105