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(a) use of a superseded or modified release of the SciCan Software Product (except for such alterations or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
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
Indemnity).
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.
95-113364 US EN R4 STATIM 2000 G4 5000 G4 OpMan.indd 56 2017-01-18 11:01 AM
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