User's Guide

U3 USER GUIDE
49
8. Freight costs to the repair depot.
9. A Product which, due to illegal or unauthorized alteration of the software/ firmware in the
Product, does not function in accordance with Unication’s published specifications or the FCC
type acceptance labeling in effect for the Product at the time the Product was initially distributed
from Unication.
10. Scratches or other cosmetic damage to Product surfaces that does not affect the operation of
the Product.
11. Normal and customary wear and tear.
VI. PATENT AND SOFTWARE PROVISIONS:
Unication will defend, at its own expense, any suit brought against the end user purchaser to the
extent that it is based on a claim that the Product or parts infringe a United States patent, and
Unication will pay those costs and damages finally awarded against the end user purchaser in any
such suit which are attributable to any such claim, but such defense and payments are conditioned
on the following:
1. That Unication will be notified promptly in writing by such purchaser of any notice of such claim
2. That Unication will have sole control of the defense of such suit and all negotiations for its
settlement or compromise.
3. Should the Product or parts become, or in Unication’s opinion be likely to become, the subject
of a claim of infringement of a United States patent, that such purchaser will permit Unication, at
its option and expense, either to procure for such purchaser the right to continue using the
Product or parts or to replace or modify the same so that it becomes non-infringing or to grant
such purchaser a credit for the Product or parts as depreciated and accept its return. The
depreciation will be an equal amount per year over the lifetime of the Product or parts as
established by Unication.
Unication will have no liability with respect to any claim of patent infringement which is based upon
the combination of the Product or parts furnished hereunder with software, apparatus or devices
not furnished by Unication, nor will Unication have any liability for the use of ancillary equipment or
software not furnished by Unication which is attached to or used in connection with the Product.
The foregoing states the entire liability of Unication with respect to infringement of patents by the
Product or any parts thereof.
Laws in the United States and other countries preserve for Unication certain exclusive rights for
copyrighted Unication software such as the exclusive rights to reproduce in copies and distribute
copies of such Unication software. Unication software may be used in only the Product in which
the software was originally embodied and such software in such Product may not be replaced,
copied, distributed, modified in any way, or used to produce any derivative thereof. No other use
including, without limitation, alteration, modification, reproduction, distribution, or reverse