Triton 9100 User Manual - Manual (Page 97)

A-3
W
ARRANTY
/ R
EPAIR
P
OLICY
In the event that a final injunction shall be obtained against the Distributor’s use of the goods or any of
their parts by reason of infringement of a patent or other intellectual property right or if in Manufacturer’s
opinion the goods are likely to become the subject of a claim of infringement of a patent or other
intellectual property right, Manufacturer will, at its option and at its expense, either procure for the
Distributor the right to continue using the goods, replace or modify the same so they become non-
infringing or grant the Distributor a credit for such goods as depreciated and accept their return. The
depreciation shall be an equal amount per year over the lifetime of the goods as established by Manufac-
turer.
Manufacturer shall not have any liability to the Distributor under any provision of this clause if any
infringement, or claim thereof, is based upon: (i) the use of the goods in combination with other goods or
devices which are not made by Manufacturer; (ii) the use of the goods in practicing any process; (iii) the
furnishing to the Distributor of any information, date, service, or applications assistance; or (iv) the use
of the goods with modifications made by the Distributor. The Distributor shall hold Manufacturer
harmless against any expense, judgment or loss for infringement of any patent or other intellectual
property right which results from Manufacturer’s compliance with the Distributor’s designs, specifica-
tions or instructions. No costs or expenses shall be incurred for the account of Manufacturer without the
written consent of Manufacturer. THE FOREGOING STATES THE ENTIRE LIABILITY OF MANUFAC-
TURER WITH RESPECT TO INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROP-
ERTY RIGHT BY THE GOODS OR ANY PART THEREOF, OR BY THEIR OPERATION.
I
NTERPRETATION AND
O
THER
P
AROLE
E
VIDENCE
This writing is intended by the parties as final expression of their agreement and is intended also as a
complete and exclusive statement of the terms of their agreement. No course of prior dealing between the
parties and no usage of the trade shall be relevant to supplement or explain any term used in these terms
and conditions. Acceptance or acquiescence in a course of performance rendered under these terms and
conditions shall not be relevant to determine the meaning of these terms and conditions even though the
accepting or acquiescing party has knowledge of the performance and opportunity for objection. When-
ever a term defined by the Uniform Commercial Code, as adopted in Mississippi, is used in these terms
and conditions, the definition contained in the code is to control.
M
ODIFICATIONS
These terms and conditions can be modified or rescinded only by writing signed by both the parties or
their duly authorized agents.
W
AIVER
I
NEFFECTIVE
No claim or right arising out of or relating to a breach of these terms and conditions can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. Waiver by either Manufac-
turer or Distributor of a breach by the other of any provision of these terms and conditions shall not be
deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect.