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WARRANTY

The partitions agree and recognize that use of the Software by Licensee is at its own judgment and discretion. The information output by the Software is to be considered in the specific context of the particular welding project, and always relates to pure weld metal. Weld metal properties are influenced by numerous factors, including the base material used, the welding position and other welding parameters. The solutions suggested by the Software are calculations predicated on a number of assumptions that may not be applicable in the particular circumstances in which the Software is used. Accordingly, selection results may not be applicable in each case. Use of the Software does not, and is not intended to, substitute for the indispensable role of welding experience and judgement of the Licensee. The Licensee agrees and recognizes that it is Licensees responsibility to determine if the problem solution proposed by the program is identical with that which would have been derived had the Software not been used. The Licensee may contact BOHLER WELDING Technology for support and consultation if the Licensee is unable to independently determine the solution for the relevant problem. LICENSEE IS SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE Software.

Third Party Usage


Before implementing program solutions of the Software to manufacture or otherwise manipulate materials of third parties, Licensee must obtain from such third parties a waiver of any and all claims against BOHLER WELDING predicated on the use or the Software of the program solutions obtained there from. Software problem solutions may not be disclosed to or used by third parties unless and until such party executes a waiver of liability for its use of program solutions.

Intellectual Property
Licensor retains all rights to and interest in and to the Software. Licensee may not modify the Software without the express written consent of Licensor. Licensee agrees that any and all modifications, enhancements and revisions to the Software shall be deemed works made for hire pursuant to the United States Copyright Act and that all right, title and interest in and to such works shall vest in Licensor. To the extent such works may not be deemed works made for hire Licensee agrees to transfer, grant, and assign and hereby transfers, grants and assigns, to Licensor its entire right, title and interest in and to any modifications, revisions or enhancements made by Licensor, Licensee or any third party to the Software.

Disclaimer of Warranty
Licensor expressly disclaims any warranty that: 1. The results obtained from using the Software are accurate; or 2. Use of the Software shall meet Licensee's requirements; or 3. Operation of Software shall be uninterrupted or error free, or 4. The Software will operate in the combinations which may be selected for use by Licensee. LICENSOR EXPRESSLY DISLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITTNESS FOR A PARTICULAR PURPOSE.

Limitations on Liability
Bhler Schweitechnik Austria GmbH. - WARRANTY.doc

LICENSOR'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LICENSE FEE PAID BY LICENSEE HEREUNDER. IN NO EVENT WILL LICENSOR BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY LICENSEE, ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity
Licensee agrees to defend, indemnify and hold Licensor harmless for all injury or damage of any kind to persons or property arising out of or suffered through the use of the Software or the problem solutions derived there from, including without limitation damage suffered by third parties who use the results of the Software. LICENSEE'S OBLIGATION TO DEFEND, HOLD HARMLESS AND INDEMNIFY LICENSOR UNDER THIS SECTION SHALL EXTEND TO CLAIMS ALLEGING ACTS OF NEGLIGENCE, FAULT, AND STRICT LIABILITY ON THE PART OF LICENSOR. THE PARTIES SPECIFICALLY INTEND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY EVEN IF SUCH PROVISIONS ACT TO EXCULPATE LICENSEE FROM IST OWN CONDUCT, INCLUDING NEGLIGENCE.

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