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6.2.13. - Page 64 <br />B believes that such holding or enjoining is likely, S & B shall at its expense, perform one of the <br />following (the choice of option is at S & B's discretion): <br />(a) Procure for Customer the right to continue use of such S&B Licensed Materials, or <br />(b) Replace or modify the same with an equivalent non -infringing product with functionality <br />substantially similar to the product it is replacing; <br />(c) Notwithstanding the foregoing, S & B shall not be liable for any claim based on the <br />combination or use of the S&B Licensed Materials with any other equipment or software not supplied or <br />authorized by S & B if the infringement was caused by such use or combination, or any claim based on <br />Customer's possession and use of any altered version of the S&B Licensed Materials unless such <br />alteration has been perforrned or authorized by S & B. <br />Section 9. THE WARRANTIES AND REMEDIES SET FORTH IN THIS <br />AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR <br />CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, <br />CORRESPONDENCE WITH DESCRIPTION, AND SATISFACTORY QUALITY , ALL OF <br />WHICH ARE EXPRESSLY DISCLAIMED BY S & B. S & B SHALL NOT BE LIABLE FOR <br />INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF <br />ANY KIND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS <br />OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE <br />OR USE OF THE SOFTWARE, WHETHER BASED IN CONTRACTOR, TORT(INCLUDING <br />NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF S & B <br />HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY <br />LIMITED REMEMDY SPECIFIED IN ANY AGREEMENT IS DEEMED TO HAVE FAILED <br />OF ITS ESSENTIAL PURPOSE. EXCEPT FOR S & B'S INTELLECTUAL PROPERTY <br />INDEMNITY OBLIGATIONS IN SECTION 8, S & B'S ENTIRE LIABILITY SHALL BE <br />LIMITED TO REPLACEMENT OR REPAIR, AT S & B'S OPTION. <br />REV: 09-10-15 VR <br />Page 61 of 61 <br />ATTYIAGR.2015.2171Scheidt & Bachmann IDSA, Inc. Parking Garage Equipment <br />