PC56-HIST-xxxxLX ♦ ControlLogix Platform
Support, Service & Warranty
In-Rack PC with Data Historian
Setup Guide
ProSoft Technology, Inc.
Page 27 of 29
December 6, 2010
3.2.4 Intellectual Property Indemnity
Buyer shall indemnify and hold harmless ProSoft and its employees from and
against all liabilities, losses, claims, costs and expenses (including attorney’s
fees and expenses) related to any claim, investigation, litigation or proceeding
(whether or not ProSoft is a party) which arises or is alleged to arise from Buyer’s
acts or omissions under these Terms or in any way with respect to the Products.
Without limiting the foregoing, Buyer (at its own expense) shall indemnify and
hold harmless ProSoft and defend or settle any action brought against such
Companies to the extent based on a claim that any Product made to Buyer
specifications infringed intellectual property rights of another party. ProSoft
makes no warranty that the product is or will be delivered free of any person’s
claiming of patent, trademark, or similar infringement. The Buyer assumes all
risks (including the risk of suit) that the product or any use of the product will
infringe existing or subsequently issued patents, trademarks, or copyrights.
a) Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be duplicated or reproduced in any
form without prior written consent from ProSoft.
b) ProSoft’s technical specifications and documentation that are included
with the Product are subject to editing and modification without notice.
c) Transfer of title shall not operate to convey to Customer any right to make,
or have made, any Product supplied by ProSoft.
d) Customer is granted no right or license to use any software or other
intellectual property in any manner or for any purpose not expressly
permitted by any license agreement accompanying such software or other
intellectual property.
e) Customer agrees that it shall not, and shall not authorize others to, copy
software provided by ProSoft (except as expressly permitted in any
license agreement accompanying such software); transfer software to a
third party separately from the Product; modify, alter, translate, decode,
decompile, disassemble, reverse-engineer or otherwise attempt to derive
the source code of the software or create derivative works based on the
software; export the software or underlying technology in contravention of
applicable US and international export laws and regulations; or use the
software other than as authorized in connection with use of Product.
f)
Additional Restrictions Relating To Software And Other Intellectual
Property
In addition to compliance with the Terms of this Warranty, Customers
purchasing software or other intellectual property shall comply with any
license agreement accompanying such software or other intellectual
property. Failure to do so may void this Warranty with respect to such
software and/or other intellectual property.
3.2.5 Disclaimer of all Other Warranties
The Warranty set forth in What Is Covered By This Warranty (page 25) are in lieu
of all other warranties, express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose.
