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Operator's Manual
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.
