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<br /> )/7F <br /> You agree to: <br /> 1. obtain authorization from the owner to have us service a Machine that you do not own; <br /> 2. where applicable, before we provide service - <br /> a. follow the problem determination, problem analysis, and service-request procedures <br /> that we provide, '-. <br /> b. secure all programs, data, and funds contained in a Machine, <br /> c. inform us of changes in a Machine's location, and <br /> d. for a Machine with Exchange service, remove all features, parts, options, alterations, <br /> and attachments not under our service. You also agree to ensure that the Machine is <br /> free of any legal obligations or restrictions that prevent its exchange; <br /> 3. be responsible for loss of, or damage to, a Machine in transit in those cases where you <br /> are responsible for the transportation charges; and <br /> 4. on completion of Carry-in Repair service, connect a repaired Machine and verify its <br /> operation. <br /> 1.9 Patents and Copyrights <br /> For purposes of this Section only, the term "Product" includes Materials alone or in <br /> combination with Products we provide to you as a system, <br /> If a third party claims that a Product we provide to you infringes that party's patent or <br /> copyright, we will defend you against that claim at our expense and pay all costs, damages, <br /> and attorney's fees that a court finally awards, provided that you: <br /> 1. promptly notify us in writing of the claim; and ~ <br /> 2. allow us to control, and cooperate with us in, the defense and any related settlement <br /> negotiations. <br /> If such a claim is made or appears likely to be made, you agree to permit us to enable you to <br /> continue to use the Product, or to modify it, or replace it with one that is at least functionally <br /> equivalent. If we determine that none of these alternatives is reasonably available, you agree <br /> to return the Product to us on our written request. We will then give you a credit equal to <br /> your net book value for the Product, provided you have followed generally-accepted <br /> accounting principles. <br /> This is our entire obligation to you regarding any claim of infringement. <br /> , <br /> Claims for Which We are Not Responsible <br /> We have no obligation regarding any claim based on any of the following: <br /> 1. your modification of a Product, or a Program's use in other than its Specified Operating <br /> Environment; <br /> 2. the combination, operation, or use of a Product with any product, data, or apparatus that <br /> we did not provide; or <br /> 3. infringement by a non-18M Product alone, as opposed to its combination with Products we <br /> provide to you as a system. <br /> 1.10 Limitation of Liability <br /> Circumstances may arise where, because of a default on our part or other liability, you are <br /> entitled to recover damages from us. In each such instance, regardless of the basis on which <br /> you are entitled to claim damages from us, we are liable only for: <br /> 1. payments referred to in our patent and copyright terms described above; <br /> Z125-4575-D1 3/93 (MKDO2) Page 7 of 23 <br />