User Manual

Readme OSS - POS3.5715/100&POS3.3515/100

6. UPGRADES, IMPROVEMENTS AND TECHNICAL ASSISTANCE

(i) Licensor agrees to promptly provide Licensee, at no additional cost, with any new releases

of the "Licensed Material" which are made or acquired by Licensor.

(ii) Licensor further agrees to provide Licensee with reasonable technical assistance which

may be requested by Licensor during the period expiring twenty-four (24) months from

the Effective Date in connection with the use or modification of the Licensed Materials.

Such technical assistance shall be provided on the basis of Licensors published man-hour

charges. (EURO 65.00/h as of January 1st, 2014).

7. LIMITATION OF LIABILITY

Under any provision of this agreement Licensors entire liability arising out of the use or

inability to use the Licensed Material or in any other way arising out of or related to this

agreement shall be limited to the amount actually received by Licensor hereunder. In no event

will Licensor be liable for any loss of business profits, business interruption, cost of cover or

special, consequential, indirect, incidental or punitive damages (i) arising out of the use or

inability to use the Licensed Material, except for the warranties made in Section 5 arising in

any other way out of or related to this agreement, however caused and on any theory of liability

(including negligence) even if Licensor has been advised of the possibility of such damages.

8. INDEMNIFICATIN BY LICENSOR

(a) In the event of a suit against Licensee based upon a claim that the Licensed Material, as

delivered by Licensor to Licensee, under this Agreement, infringe any third party patents,

resulting from any claim that the Licensed Material infringes any third party patent, copyright

or trade secret provided that: (i) Licensor is promptly notified by Licensee of any threats, claims

and proceedings related thereto; (ii) Licensor shall have sole control of the defense and any

settlement thereof; (iii) Licensee shall not settle or compromise any such claim without

Licensor's prior written consent; (iv) Licensee furnishes to Licensor, upon request, any

information available to Licensee relating to the defense of such claim; and (v) Licensee

provides reasonable assistance to Licensor in the defense of such claim. Licensor, at its option

and expense, shall: (i) obtain for Licensee the right to continue to use the Licensed Material; or

(ii) replace or modify the Licensed Material so that they become non-infringing, in which event

Licensee shall cease use of the infringing Licensed Material.

(b) Licensor shall have no liability under 8(a) for any infringement arising from: (i) the

combination of the Licensed Material with other products not supplied by Licensor if such

infringement would not have occurred but for such combination; (ii) the modifications by

Licensee of the Licensed Material if such infringement would not have occurred but for such

modification, (iii) any manufacturing process applied to the Licensed Material by Licensee if

such infringement would not have occurred but for the application of such process.

exclusive remedy for infringement by the Licensed Material of an third party Intellectua l

Property.

9. TERMINATION; SURVIVAL

The license granted hereunder shall terminate upon Licensees failure to comply with all of the

terms described herein after a cure period of 6 month, if Licensee does not cure the breach of

this agreement within the 6 month period. The 6 month cure period starts with a written letter

from Licensor to Licensee informing Licensee that Licensee is in breach of this agreement. This