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ARTICLE 6 - PATENT AND COPYRIGHT INDEMNITY
6.1
SciCan Indemnity
SciCan will defend and indemnify Customer for all costs (including reasonable attorney fees)
arising from a claim that SciCan Software Product furnished and used within the scope of this
Agreement infringes a registered copyright or patent provided that:
(a) Customer notifies SciCan in writing within thirty (30) days of the claim;
(b) SciCan has sole control of the defense and all related settlement negotiations, and
(c) Customer provides SciCan with the assistance, information, and authority necessary to
perform the above.
Reasonable expenses incurred by Customer in providing such assistance will be reimbursed by
SciCan.
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(a) use of a superseded or modified release of the SciCan Software Product (except for such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.
10. SciCan Software Product License