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<br />VI. Software License Rights of F AAC <br /> <br />Nothing contained herein shall give Licensee any interest of any kind in the Software except the <br />right to use the Software in accordance with the terms of this license. <br /> <br />VII. Patent and Copyright Indemnification <br /> <br />A. Defense of Claims. Costs and Damages <br /> <br />Subject to the limitation of liability contained in Paragraph XII, F AAC will defend at its expense <br />any action brought against the Licensee to the extent that it is based on a claim that the Software, <br />used within the scope of this license, infringes upon a United States patent or copyright, F AAC <br />will pay any costs and damages finally awarded in such suit or proceeding against the Licensee <br />which are attributable to such claim; provided, prompt notice is given to FAAC and FAAC is <br />allowed full control of the settlement of any such claim. and Licensee provides all reasonable <br />assistance at no cost to FAAC. <br /> <br />B. Infringement <br /> <br />Should the Software become, or in FAAC's opinion be likely to become, the subject of a claim of <br />infringement of a copyright or patent, FAAC may at its option (i) procure for the Licensee the <br />right to continue using the Software, (ii) replace or modify the Software to make it non-infringing <br />while providing the same functionality. or (iji) if the right to continue cannot be reasonably <br />procured or the Software cannot be reasonably replaced or modified, then terminate the license to <br />use such Software and refund the purchase price of the software and the hardware whose <br />operation depends on such software. less depreciation at 20% per year. <br /> <br />C. Limitation on Liability <br /> <br />FAAC shall have no liability for any claim of copyright or patent infringement based on: <br /> <br />I) Use of other than the latest unmodified release of the Software from F AAC if such <br />infringement could have been avoided by the use of the latest release of the Software, <br />provided that the Licensee is notified by FAAC that the earlier release of the Software is <br />infringing, the Licensee is provided with a later release of non-infringing, compatible <br />Software, and the Licensee elects to continue using the infringing Software; or <br /> <br />2) Use or combination of the Software with any non-FAAC programs or data. <br /> <br />F AAC shall have no liability for any claim of copyright or patent infringement where the claim <br />arises out of special requirements of the Licensee or is the result of special treatment or use to <br />which the Licensee or others apply the FAAC Software. This Paragraph VII states the entire <br />liability ofFAAC with respect to infringement of any copyrights or patents by the Software or <br />any parts thereof. <br /> <br />VIII. Injunctive Relief; Waiver <br /> <br />The Licensee agrees that any failure to comply strictly with the terms of this License Agreement <br />will cause irreparable harm to FAAC, and that FAAC is entitled, in addition to any other rights <br />and remedies it may have, at law or in equity. to an injunction enjoining and restraining the <br />