Motion Research Corp.
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11. Indemnity/Liability.
You shall defend, indemnify, and hold harmless MRC, MRC’s suppliers, successors, affiliates, agents and assigns (each
a “MRC Indemnified Party”) from any claims, damages, losses, or expenses (including without limitation attorney fees
and costs) incurred by a MRC Indemnified Party in connection with all claims, suits, judgment and causes of action (i)
for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any
device, system or service in connection with the SportVue System or any portion thereof, (ii) for damages arising from
Your breach of Sections 4, 5, 6, 7, or 8 herein, (iii) for libel, slander, defamation or infringement of copyright or other
intellectual property or proprietary right with respect to material transmitted by You using the SportVue MC1 Product,
(iv) for any injury, death or property damage arising in connection with the presence, use or non-use of any portion of
the SportVue System or MRC Service(s) (other than such damage to person or property (excluding data) that directly
arises from the use of the SportVue MC1 Product and/or Software strictly in accordance with the
SportVue MC1
Operating Manual
provided by MRC with the Products which specifically pertains to such Products), or (v) for claims
made by third persons against MRC arising from or related to Your use of the Software or the SportVue System or any
portion thereof (other than such claims that arise solely from the use of the SportVue MC1 Product and/or Software
strictly in accordance with the
SportVue MC1 Operating Manual
provided by MRC with the Products which
specifically pertains to such Products). No remedy herein conferred upon MRC is intended to be, nor shall it be
construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies
shall be cumulative. In the event of the termination of this Agreement pursuant to Section 14, You shall pay to MRC all
attorney fees, collection fees, and related expenses, expended or incurred by MRC in the enforcement of any right or
privilege hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid
investigators and reasonable compensation for time of MRC’s representatives).
12. Limited Warranty.
(a) Service(s). EACH OF THE MRC SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT
WARRANTY OF ANY KIND BY MRC. MRC DOES NOT WARRANT UNINTERRUPTED USE OR
OPERATION OF ANY SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN
UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS,
WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABLE
QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE
HEREBY EXCLUDED. MRC SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO ANY
SERVICE PROVIDED BY ANY THIRD PARTY THROUGH MRC OR IN CONJUNCTION WITH MRC’S
SERVICES. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE
SHALL BE SOLELY AGAINST SUCH THIRD PARTY.
(b) Product(s). The limited warranty (“Limited Warranty”), if any, for the Product(s) is set forth in the applicable MRC
user guide. The Limited Warranty is the exclusive warranty for any Product sold under the terms of this Agreement and
sets out Your sole remedies in respect of the Products sold and any breach of the Limited Warranty. The terms of
Section 18 of this Agreement are incorporated by reference into the terms of the Limited Warranty. By indicating Your
acceptance by clicking on the appropriate button below, You acknowledge that you have read the Limited Warranty and
agree to its terms.
(c) Software. In the event that during the ninety (90) day period following delivery of the Product to You (the
“Warranty Period”), the Software as shipped by MRC is not capable of performing the functions described in the
Specifications (which can be viewed at http//www.sportvue.net/legal….), when used as specified by MRC in the
SportVue MC1 Operating Manual
applicable to the specific type and version of the Software, MRC will, at its sole
option and discretion either make efforts to correct or provide You with a workaround for such problem (which may be
provided in a form at MRC’s reasonable discretion, including in the course of telephonic customer support provided to
You, in a generally available software fix release, or made available to You at our website) or provide You with a
refund for the one time fees paid by You for the Software if the media on which the Software was provided to You and
all packaging related thereto is returned to MRC in accordance with Your normal warranty return mechanism within the
Warranty Period together with proof of purchase. The foregoing is MRC’s only obligation and is Your sole and
exclusive remedy for any defects, errors, or problems You may experience related to the Software. The above
obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to:
