ePad Product Family User’s Guide
www.epadlink.com 16
new versions of the ePadLink Software (collectively,
"Updates") which ePadLink generally releases to its
customers from time to time.
9. Indemnification.
a. Infringement Indemnification by ePadLink. ePadLink
shall indemnify, defend and hold you harmless from any
claims, demands, liabilities, losses, damages, judgments,
and all costs and expenses related thereto (including
reasonable attorneys' fees), to the extent resulting from any
claim that the Software, or any portion thereof, or your use
thereof, infringe or violate any copyright, patent, trade
secret, license, or other proprietary right of a third party. In
the event that the Software or any portion thereof is held to
constitute an infringement and its use is enjoined, ePadLink
shall have the obligation to, at its expense, (i) modify the
infringing portion of the Software without impairing in any
material respect the functionality or performance, so that it
is non-infringing, (ii) procure for you at ePadLink’s expense
the right to continue to use the infringing Software or (iii)
replace the Software or portions thereof with equally
suitable, non-infringing software. ePadLink shall have no
liability for any claim of infringement based on (i) use or
combination of any portion of the Software with any products
or software not supplied by ePadLink, if such infringement
would not have occurred without such use or combination,
(ii) use of the Software by you, after having received notice
from ePadLink that the Software infringes the proprietary
rights of a third party, and ePadLink has performed one of
the options in the preceding paragraph, or (iii) use of other
than the latest unmodified version of the Software provided
to you by ePadLink, if the infringement would have been
avoided by the use of such version.
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