Installing VolServ
x License Agreement
Disclaimer EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE,
ADIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR THE
SOFTWARE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Third-Party Warranties No reseller or distributor of the Software who may have participated in
offering, demonstrating, promoting or delivering the Software subject to this
License makes any warranty whatsoever. All limitations and exclusions of
warranty, disclaimers of warranty, limitations of damages and remedies are
as set forth herein above and the terms of all portions of this License apply to
such reseller or distributor to the full extent applicable to ADIC.
Maintenance
Maintenance, enhancements and Updates for the Software are not covered
under this License. If desired by the Licensee, such services must be
provided for under separate agreement.
Infringement
Indemnification
ADIC shall defend, indemnify, save, and hold Licensee harmless against
claims, demands, liability, damages, judgments, finally adjudicated,
including attorney’s fees and court costs arising or resulting directly from
any claim, suit or litigation brought against Licensee based on infringement
of any U. S. patent or copyright by the Software (except that indemnification
does not apply to any third party software which may be embedded therein),
provided, however, that such indemnity shall be conditioned upon receipt by
ADIC of prompt notification in writing of such claim and that Licensee
provides continuing information and reasonable assistance for the defense
and settlement of any claim. ADIC will retain attorneys, as deemed
necessary, and conduct the defense and settlement of such claim. ADIC may,
at its own expense and at its option, either:
• procure for Licensee the right to continue using the Software,
• replace the same with non-infringing software,
• modify the Software so that it becomes non-infringing provided
such modified intellectual property will reasonably meet Licensee’s
needs.