Appendix
vi Falcon® 4620 VMT
copyrights, patents, trademarks, service marks, trade secrets, or other intellectual property rights and End User shall have no right to commence any legal
actions to obtain such rights. End User shall not remove, modify, or take any other action that would obscure any copyright, trademark, patent marking, or
other intellectual property notices contained in or on the PSC Product.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property of PSC and PSC’s third party licensors and
End User acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Information of PSC or its third party licensors to any person other than
End User’s authorized employees or agents who are under confidentiality agreement, and End User shall not use the Proprietary Information other than in
conjunction with use of the PSC Product exclusively for End User’s internal business purposes. End User shall take steps to protect the Proprietary Informa-
tion no less securely than if it were End User's own intellectual property.
5.3 The provisions of this Proprietary Information Section shall survive and continue for five (5) years after the termination of this Agreement.
6. Limited Warranty.
6.1 PSC warrants that, under normal use and operation, the PSC Product will conform substantially to the applicable Documentation for the period specified
in the Documentation. During this period, for all reproducible nonconformities for which PSC has been given written notice, PSC will use commercially rea-
sonable efforts to remedy nonconformities verified by PSC. End User agrees to supply PSC with all reasonably requested information and assistance neces-
sary to help PSC in remedying such nonconformities. For all defects reported to PSC within the warranty period, PSC’s liability is limited to providing End
User with one copy of corrections or responding to End User's problem reports according to PSC's standard assistance practices. PSC does not warrant that
the product will meet End User's requirements or that use of the product will be uninterrupted or error free, or that PSC's remedial efforts will correct any non-
conformance. This limited warranty does not cover any product that has been subjected to damage or abuse, whether intentionally, accidentally, or by
neglect, or to unauthorized repair or unauthorized installation, and shall be void if End User modifies the product, uses the product in any manner other than
as established in the Documentation, or if End User breaches any of the provisions of this Agreement.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE PSC PRODUCT IS PROVIDED “AS IS” AND PSC MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Infringement.
7.1 PSC will defend End User against any claim in a lawsuit that the PSC Product furnished hereunder infringes a United States patent or copyright of a third
party and PSC will pay any damages finally awarded against End User by a court of competent jurisdiction that are attributable to such claim or will pay End
User’s part of any settlement that is attributable to such claim, provided, that 1) End User notifies PSC promptly in writing of the claim, 2) PSC controls the
defense or settlement of the claim, and 3) End User cooperates fully with PSC in such defense or settlement. All notices of a claim should be sent to PSC
Inc., Legal Department, 111 SW Fifth Ave. Suite 4100, Portland, OR 97204-3644.
7.2 In the defense or settlement of any such claim, PSC may, at its option, 1) procure for End User the right to continue using the PSC Product, 2) modify the
PSC Product so that it becomes non-infringing, 3) replace the PSC Product with an equivalent product not subject to such claim, or 4) provide End User an
opportunity to return the PSC Product and receive a refund of the purchase price paid, less a reasonable allowance for use.
7.3 PSC shall have no liability to End User for claims of infringement based upon 1) the use of any PSC Product in combination with any product which PSC
has not either furnished or authorized for use with such PSC Product 2) the use of any PSC Product designed, manufactured, or modified to the specifica-
tions of End User, or 3) End User’s modification of the PSC Product without written authorization from PSC.
7.4 THE FOREGOING STATES PSC’S COMPLETE AND ENTIRE OBLIGATION CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTEL-
LECTUAL PROPERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE
PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE AGREE-
MENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN, EXCEPT AS SET FORTH IN A FUTURE WRITING SIGNED BY
BOTH PARTIES.
8. Limitation Of Liability.
EXCEPT AS PROVIDED IN SECTION 7, PSC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY OTHER PARTY. IN NO EVENT
SHALL PSC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,
STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE PSC PRODUCT. UNDER NO
CIRCUMSTANCES SHALL PSC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS
OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIM-
ILAR DAMAGES, EVEN IF PSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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