Ericsson | Antenna Line Congurator
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3�3 Customer acknowledges its responsibility to use all
reasonable methods to thoroughly test the operation
of and output from Licensed Software before its use in
Customer‘s operations�
3�4 Unless otherwise provided in writing under Ericsson‘s
Software Maintenance and Update Agreement, and
subject only to the warranty of this section 3, Ericsson
is under no obligation to provide Customer with any
changes, updates, upgrades, additions, or revisions to
Licensed Software, nor to maintain or provide technical
support for the Licensed Software in any manner�
4� INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS AND INDEMNIFICATION
4�1 Subject to the conditions and limitations set forth in
this section 4, Ericsson shall pay all costs and damages
finally awarded against Customer or its employees to
the extent based upon a claim that Licensed Software,
as supplied, infringes a patent, copyright or any other
intellectual property right of a third party (except
infringement occurring as a direct result of incorporating
features, operations or algorithms that are specifically
required by Customer), provided that Ericsson is notified
promptly in writing of any allegation of such infringement
and given full cooperation, information, and authority to
settle such claim and to defend or control the defense of
any suit, action, or proceeding based upon such claim�
4�2 If, as a result of an infringement claim as specified
in section 4�1 above, Customer becomes enjoined or is
likely to become enjoined from using Licensed Software,
Ericsson may, at its option and expense, procure for
Customer the right to continue to use Licensed Software;
or, change Licensed Software to make it non-infringing
but functionally equivalent; or, substitute other software
of similar capabilities� If Ericsson determines that none
of these alternatives is reasonably available, Customer
shall, upon written request from Ericsson, return the
Licensed Software that is the subject of the infringement
claim, and Ericsson shall refund to Customer the license
fee paid by Customer therefore� The license fee shall
be reduced by twenty percent (20%) for each elapsed
year or portion thereof since the date of delivery of the
Licensed Software� However, Ericsson has no obligation
of indemnity for any claim of infringement arising from
Customer‘s change of the Licensed Software, data, or
its combination, operation, or use with any software,
data, or equipment not specified by Ericsson, or use of a
superseded or altered release of the Licensed Software�
Without prejudice to any claims for damages pursuant to
section 5, this section 4 states Ericsson‘s entire obligation
and Customer‘s exclusive remedy with respect to any
claim of infringement of any third-party intellectual
property rights, including but not limited to any patent
rights, copy rights, utility models, design patents,
trademarks, trade names, trade secrets, know-how, and
any other similar rights or intangible assets recognized
under any law�
4�3� With the exception of claims based on grounds listed
in section 5�6, any claims of Customer in section 4�1 and
4�2 shall become statute barred within one (1) year of
delivery of the Licensed Software�
5� LIMITATION OF LIABILITY
5�1 Ericsson shall be liable without limitation in the event
of intent and gross negligence, for injury to life, limb, or
health, in accordance with the provisions of the German
Product Liability Act (Produkthaftungsgesetz) and to the
extent of a guarantee assumed by Ericsson�
5�2 In the event of a slightly negligent breach of an
obligation that is essential to achieve the purpose of the
contract (cardinal obligation), Ericsson’s liability shall be
limited to damages that are typical and foreseeable for
the transaction in question�
5�3 Ericsson shall not be liable for any further claims�
5�4 The above limitation of liability shall also apply to the
personal liability of Ericsson’s employees, representatives
and executive bodies�
5�5 Customer will take adequate precautionary measures
against the loss or damage of data and programs, in
particular by making, at least once daily, backup copies
of all programs and data in machine-readable form� To
the extent that the loss or damage of data and programs
would have been avoidable by adherence to this
obligation Ericsson’s liability shall be limited to the costs
necessary to restore the data if data had been protected
in an adequate manner by Customer� Any further liability
on Ericsson’s part for loss and damage of data shall be
subject to the limitations of this section 5�
5�6 The limitation period for warranty claims based on
defects shall be one (1) year after the date of delivery
according to section 3�1�
5�7 This section 5 shall apply to all claims for damages,
irrespective of their legal cause, including claims based
on tort�
5�8 This section 5 shall survive any termination or
expiration of this EULA�
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