APPENDIX AVI212 Manual do Utilizador descarregar pdf (Página 248)

BeGaze 2.3

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discontinuation of use does not constitute an acknowledgement of a

to be the subject of an infringement claim, it may elect to replace or

modify such Software or Documentation to make it non-infringing or

terminate the Agreement on written notice to Licensee. SMI shall

have no obligation to defend (or any other liability) to the extent any

claim involves a Software release other than the current, unaltered

release, if such would have avoided infringement, or use of the

Software in combination with non-SMI programs or data, unless the

infringement would also incur without such combination. The

foregoing states the entire obligation and liability of SMI with respect

to any infringement by Licensed Materials of any intellectual property

rights or other proprietary rights of Licensee or a third party without

prejudice to any claims for damages in accordance with Section 6.

Licensee Indemnity. Licensee will defend and indemnify SMI, and

hold it harmless from all costs, including attorney’s fees, arising from

any claim that may be made against SMI by any third party as a result

of Licensee’s use of Licensed Materials, excluding claims for which

SMI is obligated to defend or indemnify Licensee under Section 7.

Export Restriction. Licensee will not remove or export from

Germany or from the country Licensed Materials were originally

shipped to by SMI or re-export from anywhere any part of the

Licensed Materials or any direct product of the Software except in

compliance with all applicable export laws and regulations, including

without limitation, those of the U.S. Department of Commerce.

10.

Non-Waiver; Severability; Non-Assignment. The delay or failure of

either party to exercise any right provided in this Agreement shall not

be deemed a waiver. If any provision of this Agreement is held

invalid, all others shall remain in force. Licensee may not, in whole or

in part, assign or otherwise transfer this Agreement or any of its rights

or obligations hereunder.

11.

Termination. This Agreement may be terminated without any fee

reduction (i) by Licensee without cause on 30 days notice; (ii) by SMI,

in addition to other remedies, if Licensee fails to cure any breach of

its obligations hereunder within 30 days of notice thereof; (iii) on

notice by either party if the other party ceases to do business in the

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APPENDIX AVI212 Manual do Utilizador Página 248