Terms and Conditions
vi
Entek IRD 6600 Series Protection Monitors
2.
LIMITED WARRANTIES.
A. Entek IRD warrants to Customer (and not anyone else) that all Entek IRD Software supplied
by Entek IRD shall perform in substantial conformance with the specifications provided by Entek
IRD in the product manual of such Software for a period of one year from the date of shipment.
Entek IRD does not warrant that the operation of the CPU or Software will be uninterrupted or
error free. Entek IRD makes no representation or warranty, either express or implied, with regard
to the Software's suitability, capacity, or performance in relation to Customer's specifications or
needs. Entek IRD warrants that the Software does not contain computer viruses when shipped. It
is Customer’s responsibility to preserve the integrity of its computer systems and to conduct virus
checks of all Software before it is installed, and this warranty concerning computer viruses
expires when the Software is installed.
B. With respect to any Entek IRD Software which fails to satisfy the limited warranty provisions
in this Section, as Customer's exclusive remedy, and at Entek IRD's option, Entek IRD agrees to
repair or replace such defective item without charge, or Entek IRD's sales price therefor shall be
refunded upon return of the defective product to Entek IRD, provided that any defect in the
Software is brought to the attention of Entek IRD within the warranty period; Entek IRD alone
will be authorized to furnish or arrange for repairs or replacements, or refund of Entek IRD's sales
price within the terms of this limited warranty.
C. The above limited warranties do not apply, and no warranty, either express or implied, shall be
applicable, (a) to damage resulting from accident, alteration, misuse or abuse, harmful conditions
or Act of God; (b) if the product is not installed, operated and maintained according to procedures
recommended by Entek IRD; or (c) if any modifications whatsoever to the Software are made by
anyone except Entek IRD. In no case shall the limited warranty extend to defects in materials,
components, or services furnished by third parties or to the repair or installation of the product
performed by third parties.
E. The limited warranties in this Section constitute Entek IRD's entire warranty as to the
Software provided hereunder. ENTEK IRD HEREBY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING CONFORMITY TO ANY
REPRESENTATION OR DESCRIPTION AND INCULDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES
WHATSOEVER.
3.
PATENT AND COPYRIGHT INDEMNITY. Entek IRD will at its expense, defend Customer
against any claim that any Entek IRD Software furnished under this Agreement infringes a
United States patent or copyright. Entek IRD will pay all costs, damages and attorney's fees that
a court finally awards as a result of such claim. To qualify for such defense and payment,
Customer must 1) give Entek IRD prompt written notice of any such claim, and 2) allow Entek
IRD to control, and fully cooperate with Entek IRD in, the defense and all related settlement
negotiations.
Customer agrees that if the operation of the Entek IRD Software becomes, or Entek IRD believes
is likely to become, the subject of such a claim, Customer will permit Entek IRD at its option and
expense, either to secure the right for Customer to continue using the Entek IRD Software or to
replace or modify it so that it becomes non-infringing. However, if neither of the foregoing
alternatives is available on terms which are reasonable in Entek IRD's judgment, Customer will
return the Entek IRD Software upon Entek IRD's written request. Entek IRD will grant Customer
a credit for any Entek IRD Software whose total charges are fully paid, as Customer's sole
remedy and Entek IRD shall have no other liabilities therefor.
Entek IRD shall have no obligation with respect to any such claim based upon Customer
modification of any Software or its combination, operation or use with apparatus, data or
programs not furnished by Entek IRD or in other than the specified operating environment. This
Section states Entek IRD's entire obligation to Customer regarding infringement or the like.
