Common use of Warranty; Indemnification Clause in Contracts

Warranty; Indemnification. 3.1 If the software has any defects, EDRMedeso must at its option either correct the defect in the software or deliver software free from defects within a reasonable period from notification of the defect by the Customer. In the event such remedy fails, the Customer shall be entitled to legal claims, unless otherwise regulated below. If EDRMedeso itself is not in possession of the source code, it can only correct defects as far as it has been supplied by the software producer with an error-correction update. If a damage caused by defects in the software occurs, the limitations of liability according to Items 4.1 to 4.6 of this Agreement shall apply. 3.2 Claims based on defects are excluded in case of the use of the software on an operating system other than the system specified in the License Form. 3.3 No warranty is provided for the correctness and/or usability of the results achieved with the software. The descriptions of the software in the user documentation do not involve any warranties. 3.4 In case a third party files a complaint against the Customer for infringement of copyright or other intellectual property rights by use of the software provided by XXXXxxxxx and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, EDRMedeso will, at its discretion and expenses, either make available to the Customer software altered or replaced in such a manner that it does not infringe the rights of the third party, without causing a loss of functionality of the software, or indemnify Customer against the payment of licence fees for the use of the software towards the third party. The customer must immediately inform XXXXxxxxx in writing about any claims of alleged infringements of copyright or other intellectual property rights of a third party. Moreover, it must not recognize these claims and may only conduct disputes of any kind with the third party about the infringement in agreement with EDRMedeso. Any claims of the Customer resulting from an infringement of copyright or other intellectual property rights are excluded if the infringement is based on the fact that the software has been altered or is used together with software of another software producer. The same applies, if the infringement is based on improper use, in particular if the use is not in line with the Individual Contractual user documentation. Any other claims of the Customer based on infringement of protective rights of a third party are excluded, unless liability is provided for in this Agreement (Items 4.1 to 4.6 of the Agreement). 3.5 Extraordinary termination for non-grant of use based on a defect in the software is excluded as long as the attempt of a correction of the defect by XXXXxxxxx can not be considered as having failed. 3.6 In case of software purchase, claims of the Customer based on defects (including claims of damages) the warranty period is 12 months. In cases of damage to life, body or health, of a wilful or grossly negligent breach of duty on part of EDRMedeso, of fraudulent concealment of defects or of claims under the Product Liability Act the Law shall apply

Warranty; Indemnification. 3.1 If the software has any defects, EDRMedeso must at its option either correct the defect in the software or deliver software free from defects within a reasonable period from notification of the defect by the Customer. In the event such remedy fails, the Customer shall be entitled to legal claims, unless otherwise regulated below. If EDRMedeso itself is not in possession of the source code, it can only correct defects as far as it has been supplied by the software producer with an error-correction update. If a damage caused by defects in the software occurs, the limitations of liability according to Items 4.1 to 4.6 of this Agreement shall apply. 3.2 Claims based on defects are excluded in case of the use of the software on an operating system other than the system specified in the License Form. 3.3 No warranty is provided for the correctness and/or usability of the results achieved with the software. The descriptions of the software in the user documentation do not involve any warranties. 3.4 In case a third party files a complaint against the Customer for infringement of copyright or other intellectual property rights by use of the software provided by XXXXxxxxx EDRMedeso and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, EDRMedeso will, at its discretion and expenses, either make available to the Customer software altered or replaced in such a manner that it does not infringe the rights of the third party, without causing a loss of functionality of the software, or indemnify Customer against the payment of licence fees for the use of the software towards the third party. The customer must immediately inform XXXXxxxxx EDRMedeso in writing about any claims of alleged infringements of copyright or other intellectual property rights of a third party. Moreover, it must not recognize these claims and may only conduct disputes of any kind with the third party about the infringement in agreement with EDRMedeso. Any claims of the Customer resulting from an infringement of copyright or other intellectual property rights are excluded if the infringement is based on the fact that the software has been altered or is used together with software of another software producer. The same applies, if the infringement is based on improper use, in particular if the use is not in line with the Individual Contractual user documentation. Any other claims of the Customer based on infringement of protective rights of a third party are excluded, unless liability is provided for in this Agreement (Items 4.1 to 4.6 of the Agreement). 3.5 Extraordinary termination for non-grant of use based on a defect in the software is excluded as long as the attempt of a correction of the defect by XXXXxxxxx can not be considered as having failed. 3.6 In case of software purchase, claims of the Customer based on defects (including claims of damages) the warranty period is 12 monthsArt. In cases of damage to life, body or health, of a wilful or grossly negligent breach of duty on part of EDRMedeso, of fraudulent concealment of defects or of claims under the Product Liability Act the Law shall apply543 Subsec. 2

Warranty; Indemnification. 3.1 If the software has any defects, EDRMedeso CADFEM must at its option either correct the defect in the software or deliver software free from defects within a reasonable period from notification of the defect by the Customer. In the event such remedy fails, the Customer shall be entitled to legal claims, unless otherwise regulated below. If EDRMedeso CADFEM itself is not in possession of the source code, it can only correct defects as far as it has been supplied by the software producer with an error-correction update. If a damage caused by defects in the software occurs, the limitations of liability according to Items 4.1 to 4.6 of this Agreement shall apply. 3.2 Claims based on defects are excluded in case of the use of the software on an operating system other than the system specified in the License Form. 3.3 No warranty is provided for the correctness and/or usability of the results achieved with the software. The descriptions of the software in the user documentation do not involve any warranties. 3.4 In case a third party files a complaint against the Customer for infringement of copyright or other intellectual property rights by use of the software provided by XXXXxxxxx CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, EDRMedeso CADFEM will, at its discretion and expenses, either make available to the Customer software altered or replaced in such a manner that it does not infringe the rights of the third party, without causing a loss of functionality of the software, or indemnify Customer against the payment of licence license fees for the use of the software towards the third party. The customer must immediately inform XXXXxxxxx XXXXXX in writing about any claims of alleged infringements of copyright or other intellectual property rights of a third party. Moreover, it must not recognize these claims and may only conduct disputes of any kind with the third party about the infringement in agreement with EDRMedesoCADFEM. Any claims of the Customer resulting from an infringement of copyright or other intellectual property rights are excluded if the infringement is based on the fact that the software has been altered or is used together with software of another software producer. The same applies, if the infringement is based on improper use, in particular if the use is not in line with the Individual Contractual user documentation. Any other claims of the Customer based on infringement of protective rights of a third party are excluded, unless liability is provided for in this Agreement (Items 4.1 to 4.6 of the Agreement). 3.5 Extraordinary termination for non-grant of use based on a defect in the software is excluded as long as the attempt of a correction of the defect by XXXXxxxxx can not be considered as having failed. 3.6 In case of software purchase, claims of the Customer based on defects (including claims of damages) the warranty period is 12 monthsArt. In cases of damage to life, body or health, of a wilful or grossly negligent breach of duty on part of EDRMedeso, of fraudulent concealment of defects or of claims under the Product Liability Act the Law shall apply543 Subsec. 2

Warranty; Indemnification. 3.1 If the software has any defects, EDRMedeso CADFEM must at its option either correct the respective defect in the software or deliver software free from defects within a reasonable period from notification of the defect by the Customer. In the event such remedy fails, the Customer shall be entitled to legal claims, unless otherwise regulated below. If EDRMedeso Since CADFEM itself is not in possession of the source code, it can only correct defects as far as it has been supplied by the software producer with an a respective error-correction update. If As far as Customer incurs a damage caused by defects in the software occurssoftware, the limitations of liability according to Items 4.1 to 4.6 of this Agreement shall apply. 3.2 Claims based on defects are excluded in case of the a use of the software on an operating system other than the system specified in the License Form. 3.3 No warranty is provided for the correctness and/or usability of the results achieved with the softwaresoft- xxxx. The descriptions of the software in the user documentation do not involve any warranties. 3.4 Customer must inspect the software immediately after its delivery. Any obvious defects must be immediately reported to CADFEM in writing; otherwise Customer will lose any rights to claim re- moval of such defects. The same applies to defects that become apparent at a later point of time. 3.5 In case a third party files a complaint is entitled to claims against the Customer for infringement of copyright or other intellectual property rights by use of the software provided made available by XXXXxxxxx CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, EDRMedeso CADFEM will, at its discretion option and expensesexpense, either make available to the Customer a software altered or replaced in such a manner that it does not infringe the rights of the third party, without causing involving a loss of functionality of the softwaresoft- xxxx, or indemnify Customer against the payment of licence fees for the use of the software towards to- wards the third party. The customer must immediately inform XXXXxxxxx CADFEM in writing about any claims of alleged al- leged infringements of copyright or other intellectual property rights of a third party. Moreover, it must not recognize these claims the alleged infringement and may only conduct disputes of any kind with the third party about the infringement in agreement with EDRMedesoCADFEM. Any claims of the Customer resulting from an infringement of copyright or other intellectual property rights are excluded if as far as the infringement in- fringement is based on the fact that the software has been altered or is used together with software soft- xxxx of another software producerproducer by Customer. The same applies, if the infringement is based on improper use, in particular if the use is not in line with the Individual Contractual user documentationdocu- mentation. Any other claims of the Customer based on infringement of protective rights of a third party are excluded, unless liability is provided for in this Agreement (Items 4.1 to 4.6 of the Agreement). 3.5 3.6 Extraordinary termination for non-grant of use based on a defect in the software is excluded as long as the attempt of a correction of the defect by XXXXxxxxx can not be considered as having failed. 3.6 In case of software purchase, claims of the Customer based on defects (including claims of damages) the warranty period is 12 monthsArt. In cases of damage to life, body or health, of a wilful or grossly negligent breach of duty on part of EDRMedeso, of fraudulent concealment of defects or of claims under the Product Liability Act the Law shall apply543 Subsec. 2