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Easy48
6.
Limited Warranty; Limitation of Liability.
The provisions of the Equipment Agreement respecting maintenance
and warranty will not apply to the Software or the Documentation, unless specifically stated otherwise and agreed to
in writing by both parties. SEC’s sole warranties with respect to the Software and Documentation are that (i) SEC
has title to the Software and Documentation and/or the right to grant Customer the license set forth in this License
Agreement and (ii) the magnetic media on which the Software is recorded is free from defects in materials and
workmanship under normal use. SEC’s sole obligation under this warranty will be to replace any defective media
returned to it free of charge. The period of this warranty will be 12 months from the date of the Equipment Agreement
(the “Warranty Period”).
EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION OR THEIR OPERATION OR USE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION DOES NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
SEC AND ITS SUPPLIERS, EMPLOYEES, AGENTS AND FRANCHISEES WILL IN NO EVENT BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT DAMAGES (FOR LOSS OF BUSINESS
INFORMATION OR PROFITS OR OTHERWISE) SUFFERED BY CUSTOMER, ANY OF ITS EMPLOYEES OR
AGENTS OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO
USE THE SOFTWARE OR THE DOCUMENTATION, OR THE MAINTENANCE OR SUPPORT THEREOF, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEC neither assumes nor authorizes
any employee, agent or franchisee to assume for SEC any other liability in connection with the license, use or
performance of the Software or Documentation.
Customer is solely responsible for the selection of the Software to achieve Customer’s intended results, for the
conformity of the computer on which the Software is run to SEC’s specifications or requirements and for the
maintenance of such computer in good working order and repair. SEC’s suppliers do not warrant the Software,
assume any liability regarding the use of the Software or undertake to provide any maintenance, support or information
regarding the Software.
7.
U.S. Government Restricted Rights.
The Software and Documentation are provided with restricted rights. Use,
duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of
the Rights in Technical Data and Computer Software Clause of Department of Defense Federal Acquisition Supplement
(DFARS) 252.227-7013 or in subparagraph (g)(3)(i) of Federal Acquisition Regulations (FAR) 52.227-14, Alternate
III, as applicable.
8.
Indemnity.
SEC will defend and hold Customer harmless from any claim, action, suit or proceeding brought against
Customer to the extent that it is based on a claim that the use of the Software, as such, in accordance with this
License Agreement and not as a result of the combination thereof with any other article, computer software or
process, constitutes an infringement of any United States patent or copyright or the violation of any trade secret, if
SEC is notified thereof 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.
