Agmt15 Scheidt & Bachmann USA, Inc.

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B beli�ves that such holding or enjoining is likely, S & Ei shall at its expense, pr;rform one of the following(the choice of option is at S & B's discretion): (a) Procure for Customer the right to continue use of such S&B Licensed Matcrials,or (b) Replace or modify the same with an equivalent non-infringing product with functionality substantially similar to the product it is replacing; (c) Notwithstanding the foregoing, S & B shall not be liable for any claim based on the combination or use of the S&B Licensed Materials with any other equipment or software not supplied or authorized by S & B if the infringement was caused by such use or combination, or any claim based on Customer's possession and use of any altered version of the S&B Licensed Materials untess such alteration has been performed or authorized by S & B. Section 9. THE WARRANTIES AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, F[TNESS FOR A PARTICULAR PURPOSE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND SATISFACTORY QUALITY , ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY S & B. S & B SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KtND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUStNESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTIOIV WITH THE SALE OR USE OF THE SOFTWARE, WNETHER BASED IN CONTRACTOR, TORT(INCLUDING NEGLiGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF S & B HAS BEEN ADV[SED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEMDY SPECIFIED IN ANY AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR S & B'S iNTELLECTUAL PROPERTY INDEMNITY OBLIGATIONS IN SECTION 8, S & B'S ENT(RE LIABILITY SHALL BE LIMITED TO REPLACEMENT OR REPAIR,AT S & B'S OPTION. REV:09-10-15 VR Page 61 of 61 ATTY/AGR.2015.217/Scheidt& Bachmann USA, Inc. Parking Garage Equipment