ePad User Guide
– Product Family Reference
11
OR MERCHANTABILITY EVEN IF EPADLINK HAS BEEN
INFORMED OF SUCH PURPOSE.
8. Software Maintenance, Development and Support.
a. Maintenance. In the event of the discovery of any
material failure of the Software to comply with the
warranty of Section 7.2,
above, ePadLink’s sole liability
and your sole remedy shall be, at
ePadLink’s Option,
either: (i) return the License Fee; or (ii) repair or
replacement of the Software; provided, however that
ePadLink received written notice of such failure within the
Warranty Period.
b. Upgrades, Bug Fixes and New Releases. ePadLink shall
make available to you updates, upgrades, bug fixes and
new versions of the ePadLink Software (collectively,
"Updates") which ePadLink generally releases to its
customers from time to time.
9. Indemnification.
a. Infringement Indemnification by ePadLink. ePadLink shall
indemnify, defend and hold you harmless from any
claims, demands, liabilities, losses, damages, judgments,
and all costs and expenses related thereto (including
reasonable attorneys' fees), to the extent resulting from
any claim that the Software, or any portion thereof, or
your use thereof, infringe or violate any copyright, patent,
trade secret, license, or other proprietary right of a third
party. In the event that the Software or any portion
thereof is held to constitute an infringement and its use is
enjoined, ePadLink shall have the obligation to, at its
expense, (i) modify the infringing portion of the Software
without impairing in any material respect the functionality
or performance, so that it is non-infringing, (ii) procure for
you at
ePadLink’s expense the right to continue to use
the infringing Software or (iii) replace the Software or
portions thereof with equally suitable, non-infringing
software. ePadLink shall have no liability for any claim of
infringement based on (i) use or combination of any
portion of the Software with any products or software not
supplied by ePadLink, if such infringement would not
