User's Manual

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Hardware, or Licensed Product, except as expressly permitted by applicable law; or
c) modify in any manner the Licensed Software and/or the Licensed Product unless obtaining the
prior written consent of Endothelix.
3. TRADEMARKS
Endothelix, VENDYS
® _and all trademarks and logos, which appear on or in connection with the
Licensed Software, Licensed Hardware and/or Licensed Products, as may be amended from time
to time, are, unless stated otherwise, trademarks of Endothelix. No right, license, or interest to
such trademarks are generated or granted hereunder other than the limited right to use provided
herein, and you agree that no such right, license, or interest shall be asserted by you with respect
to such trademarks. You may not remove or destroy any copyright, logo or other proprietary
marking or legend placed on or contained in the Licensed Software, Licensed Hardware or a
Licensed Product.
4. LIMITED WARRANTIES AND DISCLAIMERS
4.1. AGAINST INFRINGEMENT. Endothelix hereby warrants to you that it has the right to
grant you the license to use the Licensed Software, Licensed Hardware and/or Licensed Product
and to enter into this License Agreement and that neither the Licensed Software, the Licensed
Hardware nor the Licensed Product(s) infringes the intellectual property rights of any third party.
4.2. AS TO LICENSED PRODUCT. Endothelix warrants to you that the Licensed Product, with
which this Licensed Agreement was delivered, will be free from defects in design, materials, and
workmanship for a period of one year from the date of delivery of the Licensed Product to you. If
the Licensed product contains a defect in design, materials or workmanship and such Licensed
Product is returned to Endothelix within one (1) year of delivery of the Licensed Product to you,
Endothelix will repair or replace the Licensed product, or issue a credit for the purchase price of
the Licensed product, with the choice to repair, replace, or credit being within the sole discretion
of Endothelix. The foregoing repair, replacement, or credit remedy will be your sole remedy for
breach of the warranty set forth in this Section 4.2.
4.3. AS TO LICENSED SOFTWARE. Endothelix warrants that for a period of ninety (90) days
from the date of delivery of the Licensed Software to you, the Licensed Software will, under
normal use, be free from defects in materials and workmanship, and will perform substantially as
it is intended to perform. If during such ninety (90) days, the Licensed Software has a defect in
materials or workmanship or does not perform substantially as it is intended to perform,
Endothelix will (a) attempt to correct or assist you around errors with efforts which Endothelix
believes suitable to the problem, (b) replace the Licensed Software with a functionally equivalent
software, or (c) issue a credit for the purchase price of the Licensed Software, with the choice to
correct or assist, replacement or credit being within the sole discretion of Endothelix. The
foregoing correct or assist, replacement or credit remedy will be your sole remedy for breach of
the warranty set forth in this Section 4.3.
4.4. AS TO LICENSED HARDWARE. Endothelix warrants that for a period of ninety (90) days
from the date of delivery of the Licensed Hardware to you, the Licensed Hardware will, under
normal use, be free from defects in materials and workmanship, and will perform substantially as
it is intended to perform. If during such ninety (90) days, the Licensed Hardware has a defect in
materials or workmanship or does not perform substantially as it is intended to perform,
Endothelix will (a) attempt to correct or assist you around errors with efforts which Endothelix
believes suitable to the problem, (b) replace the Licensed Hardware with a functionally equivalent
software, or (c) issue a credit for the purchase price of the Licensed Hardware, with the choice to
correct or assist, replacement or credit being within the sole discretion of Endothelix. The
foregoing correct or assist, replacement or credit remedy will be your sole remedy for breach of
the warranty set forth in this Section 4.4.