9 Intellectual property rights
The Product is protected by copyright and other intellectual property rights, including
but not limited to patents. ABB or its suppliers own the title, copyright, and other
intellectual property rights in the Product. The Product is licensed, not sold. You may
not disclose to any third party the software or any information of commercial or
technical nature provided by ABB as part of or in association with the Product.
You agree to not disclose benchmark test results related to the Product to any third
party.
10 Entire agreement
This agreement, including any addendum or amendment to this agreement that is
included with the Product, is the entire agreement between you and ABB relating to
the Product and related support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals, and representations,
with respect to the Product or any other subject matter covered by this agreement. To
the extent the terms of any ABB policies or programs for support services conflict with
the terms of this agreement, the terms of this agreement shall control.
11 Termination
Without prejudice to any other rights, ABB may cancel this agreement if you do not
abide by the terms and conditions of this agreement, in which case you must return all
copies of the Product and all of its component parts to ABB.
12 Applicable law
This Agreement shall be governed by and construed in accordance with the
substantive laws of Finland.
All disputes, differences or questions between the Parties with respect to any matter
arising out of or relating to the Agreement shall be finally determined in arbitration in
accordance with the rules of International Chamber of Commerce. The Place of
arbitration shall be Helsinki, Finland and the language shall be English.
13 Indemnification
13.1 ABB will indemnify you against any third party claim that the Product infringes
upon intellectual property rights of any third party, provided that (i) you promptly
notify ABB in writing of the claim; (ii) ABB shall have the sole control of the defense
and all related settlement negotiations; and (iii) you provide ABB with the assistance,
information and authority necessary for ABB to perform its obligations under this
section. ABB shall have no liability towards you in respect of an actual or alleged
intellectual property right infringement if this results from any breach by you of (i)
your obligations under these license terms or (ii) of any other agreement between you
and ABB.
13.2 If the Product is held to constitute an intellectual property rights infringement, or
such is considered by ABB to constitute such infringement, ABB shall have the
option, at its own expense, to: (i) modify the Product so that it no longer constitutes an
