SKF Baker AWA-IV 12 HO, User Manual, Page: 10 / 214

5. MAINTENANCE AND SUPPORT
Licensor may provide you with support services related to the Software called Product
Support Plan (“PSP”) services. Use of PSP is governed by the policies and programs
described in the PSP literature or other material from Licensor’s Product Support
Department (hereinafter referred to as the “PSP Policies”) that may be updated by Licensor
from time to time. If you select and pay for PSP, the PSP Policies shall be specifically
incorporated into this Agreement by this reference. Licensee acknowledges that Licensor may
use any technical information provided by Licensee in the course of receiving PSP services
for Licensor’s business purposes, including for product support and development. Licensor
will not utilize such technical information in a manner that identifies Licensee.
6. CONFIDENTIAL INFORMATION
Licensee agrees that the Software contains proprietary information, including trade secrets,
know-how and confidential information (hereinafter referred to collectively as the
“Confidential Information”), that is the exclusive property of Licensor. During the period this
Agreement is in effect and at all times after its termination, Licensee and its employees and
agents shall maintain the confidentiality of the Confidential Information and shall not sell,
license, publish, display, distribute, disclose or otherwise make available the Confidential
Information to any Person nor use the Confidential Information except as authorized by this
Agreement. Licensee shall not disclose the Confidential Information concerning the Software,
including any flow charts, logic diagrams, user manuals and screens, to persons not an
employee of Licensee without the prior written consent of Licensor.
7. LIMITED WARRANTIES
(7a) Licensor warrants that the Software will perform substantially in accordance with its
documentation for a period of 365 days from the date of shipment of the Software;
provided, however, that the foregoing warranty only applies if:
(i) Licensee makes Licensor aware of any defect with the Software within seven (7) days after
the occurrence of the defect;
(ii) Licensee has paid all amounts due under this Agreement; and
(iii) Licensee has not breached any provision of this Agreement.
The foregoing warranty does not apply in the event that:
(i) the Software and documentation have been subject to misuse, neglect, alteration,
modification, customization, improper installation, and/or unauthorized repair;
(ii) the Software or any associated software or equipment have not been properly maintained
in accordance with applicable specifications and industry standards or have been maintained
in unsuitable environmental conditions; or
(iii) Licensee has used the Software in conjunction with other equipment, hardware,
software, or other technology that created an adverse impact on the operation, functioning,
or performance of the Software.
(7b) EXCEPT AS SET FORTH IN THIS SECTION 7 AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ALL EXPRESS AND/OR IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABILITY OF A COMPUTER PROGRAM, INFORMATIONAL
CONTENT, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT, ARE HEREBY DISCLAIMED AND EXCLUDED BY LICENSOR.
(7c) The remedies set forth in this Section 7 are the exclusive remedies available to
Licensee for any problem in the performance of the Software.
viii PUB CM/I4 71-015 EN V13.2 Static Motor Analyzer—Baker AWA-IV User Manual
Notices