Common use of Warranty; Indemnification Clause in Contracts

Warranty; Indemnification. 3.1 If the software has any defects, 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 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. Marktplatz 2 85567 Grafing near München P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xx Berlin, Chemnitz, Dortmund, Frankfurt, Hannover and Stuttgart 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 CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, 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 license fees for the use of the software towards the third party. The customer must immediately inform CADFEM 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 CADFEM. 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 (Art. 543 Subsec. 2

Warranty; Indemnification. 3.1 If the software has any defects, 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 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. Marktplatz 2 85567 Grafing near München P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xx Berlin, Chemnitz, Dortmund, Frankfurt, Hannover and StuttgartStuttgart Austria: CADFEM (Austria) GmbH xxx.xxxxxx.xx 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 CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, 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 license fees for the use of the software towards the third party. The customer must immediately inform CADFEM 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 CADFEM. 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 (Art. 543 Subsec. 2

Warranty; Indemnification. 3.1 If the software has any defects, 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 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. Marktplatz 2 85567 Grafing near München P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xx Berlin, Chemnitz, Dortmund, Frankfurt, Hannover and Stuttgart 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 The Customer must inspect the software immediately after its delivery. Any obvious defects must be immediately reported to CADFEM in writing; otherwise the Customer will lose any rights to claim repair of such defects. The same applies to defects that become apparent later. 3.5 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 CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, 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 license licence fees for the use of the software towards the third party. The customer must immediately inform CADFEM 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 CADFEM. 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 3.6 Extraordinary termination for non-grant of use (Art. 543 Subsec. 2

Warranty; Indemnification. 3.1 If the software has any defects, 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 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. Marktplatz 2 85567 Grafing Xxxxxxx near München P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xx Berlin, Chemnitz, Dortmund, Frankfurt, Hannover and Stuttgart 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 CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, 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 license licence fees for the use of the software towards the third party. The customer must immediately inform CADFEM 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 CADFEM. 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 (Art. 543 Subsec. 2

Warranty; Indemnification. 3.1 If the software has any defects, 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 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. Marktplatz 2 85567 Grafing near München P +49 (0) 80 92-70 05-0 xxxx@xxxxxx.xx xxx.xxxxxx.xx Berlin, Chemnitz, Dortmund, Frankfurt, Hannover and Stuttgart 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 CADFEM and therefore the Customer's Individual Contractual use of the software is impaired or forbidden, 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 license licence fees for the use of the software towards the third party. The customer must immediately inform CADFEM 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 CADFEM. 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 (Art. 543 Subsec. 2