Teklogix 7035, 8255 & 8260 Terminals User Manual
xiii
iv. The limitation of liabilities described in this section also apply to any
third-party supplier of materials supplied to licensor. The limitations of
liabilities of License and its third-party supplier are not cumulative.
Such third-party supplier is an intended beneficiary of this section.
v. The software included in the Cisco Adapter and Driver Software was
developed at private expense and that if licensed to the US government
it is licensed only with restricted rights.
vi. Cisco is an intended third party beneficiary of the agreement.
vii. The software included in the Cisco Adapter and Driver Software and
any related documentation constitutes the confidential information of
licensor or its suppliers and cannot be disclosed to any third parties.
AirFortress™ License
Indemnification
Fortress will defend any action brought against Customer based on a claim that any
Fortress Product infringes any U.S. patents or copyrights excluding third party
software, provided that Fortress is immediately notified in writing and Fortress has
the right to control the defense of all such claims, lawsuits, and other proceedings.
If, as a result of any claim of infringement against any U.S. patent or copyright,
Fortress is enjoined from using the Product, or if Fortress believes the Product is
likely to become the subject of a claim of infringement, Fortress at its option and
expense may procure the right for Customer to continue to use the Product, or
replace or modify the Product so as to make it non-infringing.
If neither of these two options is reasonably practicable, Fortress may discontinue
the license granted herein on one month’s written notice and refund to Licensee the
unamortized portion of the license fees hereunder. The depreciation shall be an
equal amount per year over the life of the Product as established by Fortress. The
foregoing states the entire liability of Fortress and the sole and exclusive remedy of
the Customer with respect to infringement of third party intellectual property.
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