EZ Life Systems: KateZ Lift User Manual
Last Updated 6/4/2012
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Patent Pending
Seller shall have no liability for infringement of any patents, trademarks, copyrights, trade dress, trade
secrets or similar rights except as specifically provided in this section. Any liability of Seller shall be
limited as set forth in the Limited Warranty. Seller will defend and indemnify Buyer against allegations of
infringement of U.S. patents, U.S. trademarks, copyrights, trade dress and trade secrets as (hereinafter
collectively referred to as the “Intellectual Property Rights”) subject to the limitations and conditions set
forth in this section. Seller will defend at its expense and will pay the cost of any settlement or damages
awarded in any action brought against Buyer based on an allegation that the Goods sold to Buyer
infringes the Intellectual Property Rights of a third party. Seller’s obligation to defend and indemnify
Buyer is contingent of Buyer notifying Selling with ten (10) days after Buyer becomes aware of such
allegations of infringement, and Seller having sole control over the defense of any allegations or actions
including all negotiations for settlement or compromise. If Goods are subject to a claim that it infringes
the Intellectual Property Rights of a third party, Seller may, in its sole discretion, procure for buyer the
right to continue using Goods, replace or modify Goods so as to make it non-infringing, or offer to
accept return of Goods and return the purchase price less a reasonable allowance for depreciation.
Notwithstanding the foregoing, Seller shall have no liability for claims of infringement based on
information provided by Buyer, or directed to Goods for which the designs are specified in whole or in
part by Buyer, or infringements resulting from the modification, combination or use in a system of
Goods. The foregoing provisions of this section shall constitute Seller’s sole and exclusive liability and
Buyer’s sole and exclusive remedy for infringement of Intellectual Property Rights. If a claim is based on
information provided by Buyer or if the design for Goods is specified in whole or in part by buyer, Buyer
shall defend and indemnify Seller for all costs, expenses or judgments resulting from any claim that such
Goods infringe any patent, trademark, copyright, trade dress, trade secret or any similar right.
