ProSoft Technology 5228-DFNT-HART - Manual (Page 101)

ProLinx-HART ♦ ProLinx Gateway Support, Service & Warranty
HART Master with Analog I/O Driver Manual
ProSoft Technology, Inc. Page 101 of 104
October 13, 2011
5.2.4 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.
5.2.5 Disclaimer of all Other Warranties
The Warranty set forth in What Is Covered By This Warranty (page 99) 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.