Version Differences for EULA - Opticon Technical Support Portal

:'''e)''' No Implied Licenses. There are no implied licenses under this Agreement (by implication, estoppel or otherwise), and any rights not expressly granted to you herein are reserved by Opticon or its suppliers.

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3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

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'''3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.'''

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a) Trial Software. If the SOFTWARE or SOURCE CODE installed is to be used in conjunction with evaluation units of OPTICON HARDWARE, then notwithstanding other sections of this Agreement, you may only use the SOFTWARE for evaluation purposes and may not redistribute any SOFTWARE or SOURCE CODE.

+

:'''a) Trial Software.''' If the SOFTWARE or SOURCE CODE installed is to be used in conjunction with evaluation units of OPTICON HARDWARE, then notwithstanding other sections of this Agreement, you may '''''only''''' use the SOFTWARE for evaluation purposes and may not redistribute any SOFTWARE or SOURCE CODE.

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b) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile or disassemble the SOFTWARE, or attempt in any manner to derive, reconstruct or discover any SOURCE CODE or underlying algorithms of SOFTWARE provided in object code form only, from the SOFTWARE or DOCUMENTATION.

+

:'''b) Limitations on Reverse Engineering, Decompilation, and Disassembly.''' You may not reverse engineer, decompile or disassemble the SOFTWARE, or attempt in any manner to derive, reconstruct or discover any SOURCE CODE or underlying algorithms of SOFTWARE provided in object code form only, from the SOFTWARE or DOCUMENTATION.

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c) Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one device.

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:'''c) Separation of Components.''' The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one device.

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d) Transfer. You may not transfer, rent, sublease, or lend the SOFTWARE and/or SOURCE CODE.

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:'''d) Transfer.''' You may not transfer, rent, sublease, or lend the SOFTWARE and/or SOURCE CODE.

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e) Support Services. Opticon may provide you with support services related to the SOFTWARE and/or SOURCE CODE ("SUPPORT SERVICES"). Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Opticon as part of the SUPPORT SERVICES, Opticon may use such information for its business purposes. Opticon will not utilize such technical information in a form that personally identifies you as an individual, a single entity, or a corporation.

+

:'''e) Support Services.''' Opticon may provide you with support services related to the SOFTWARE and/or SOURCE CODE ("SUPPORT SERVICES"). Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Opticon as part of the SUPPORT SERVICES, Opticon may use such information for its business purposes. Opticon will not utilize such technical information in a form that personally identifies you as an individual, a single entity, or a corporation.

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f) Termination. Without prejudice to any other rights, Opticon may immediately terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. In such event, you agree to destroy all copies of the SOFTWARE, SOURCE CODE, DEVELOPED SOFTWARE and/or CONFIDENTIAL INFORMATION.

+

:'''f) Termination.''' Without prejudice to any other rights, Opticon may immediately terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. In such event, you agree to destroy all copies of the SOFTWARE, SOURCE CODE, DEVELOPED SOFTWARE and/or CONFIDENTIAL INFORMATION.

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4. COPYRIGHT.

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'''4. COPYRIGHT.'''

The SOFTWARE and SOURCE CODE are owned by Opticon and are protected, at least, by United States copyright laws and applicable international treaties.

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5. PROPRIETARY RIGHTS.

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'''5. PROPRIETARY RIGHTS.'''

Portions of the SOFTWARE and SOURCE CODE utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the SOFTWARE and SOURCE CODE, and your use of such material is governed by their respective terms. All other copyright, patent, trade secret, trademark and other intellectual and property rights in the SOFTWARE and SOURCE CODE are, and shall remain, the valuable property of Opticon. You agree to take all reasonable steps to ensure that the provisions of this Agreement are not violated by you or by any person under your control or in your service.

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6. EXPORT RESTRICTIONS.

+

'''6. EXPORT RESTRICTIONS.'''

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE and/or SOURCE CODE or (ii) your DEVELOPED SOFTWARE or services that use the SOFTWARE and/or SOURCE CODE, or (iii) the DOCUMENTATION to any country to which such export or transmission is restricted by any applicable U. S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U. S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

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7. CONFIDENTIAL INFORMATION.

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'''7. CONFIDENTIAL INFORMATION.'''

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a) Confidentiality. Opticon and you agree that, in the course of dealings between the parties, each party may acquire information or materials about the other party, its business activities and operations, its technical information and trade secrets, which are of a confidential or proprietary nature (“Confidential Information”). Without limitation, information will be treated as Confidential Information (i) if it is marked or accompanied by documents clearly and conspicuously designating them as “confidential” or the equivalent; or before, during or promptly after the presentation of communication. Upon request by you, Opticon shall advise you whether or not it considers any particular information or materials to be Confidential Information. “Confidential Information“ does not include any information which: (i) was known to the receiving party before receipt from the disclosing party; (ii) is or becomes publicly available through no fault, act or omission of the receiving party; (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality; (iv) is disclosed by the disclosing party to a third party without a duty of confidentiality on the third party; or (v) is independently developed by the receiving party.

+

:'''a) Confidentiality.''' Opticon and you agree that, in the course of dealings between the parties, each party may acquire information or materials about the other party, its business activities and operations, its technical information and trade secrets, which are of a confidential or proprietary nature (“Confidential Information”). Without limitation, information will be treated as Confidential Information (i) if it is marked or accompanied by documents clearly and conspicuously designating them as “confidential” or the equivalent; or before, during or promptly after the presentation of communication. Upon request by you, Opticon shall advise you whether or not it considers any particular information or materials to be Confidential Information. “Confidential Information“ does not include any information which: (i) was known to the receiving party before receipt from the disclosing party; (ii) is or becomes publicly available through no fault, act or omission of the receiving party; (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality; (iv) is disclosed by the disclosing party to a third party without a duty of confidentiality on the third party; or (v) is independently developed by the receiving party.

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b) No Use or Disclosure. Each Party shall not disclose the others party’s Confidential Information to third parties, and shall not use Confidential Information except to exercise its rights and fulfill its duties under this Agreement. In addition, each party shall use the same degree of care, but no less than a reasonable degree of care, as the party uses with respect to its own similar information to protect the information and to prevent unauthorized use or disclosure. Without limiting the foregoing, neither party shall disclose Confidential Information of the other party to its employees who do not have a need to know that information. If a receiving party is required by a government body or court of law to disclose information, the receiving party agrees to give the disclosing party reasonable advance notice so that the disclosing party may contest the disclosure or seek a protective order. Each party agrees to use reasonable efforts to return to the other party, or to destroy (and to certify the destruction in writing to the other party), all materials containing any Confidential Information of the other party upon the request of the disclosing party. Confidential Information received under this Section need only be protected per this Section for five (5) years from first receipt thereof.

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:'''b) No Use or Disclosure.''' Each Party shall not disclose the others party’s Confidential Information to third parties, and shall not use Confidential Information except to exercise its rights and fulfill its duties under this Agreement. In addition, each party shall use the same degree of care, but no less than a reasonable degree of care, as the party uses with respect to its own similar information to protect the information and to prevent unauthorized use or disclosure. Without limiting the foregoing, neither party shall disclose Confidential Information of the other party to its employees who do not have a need to know that information. If a receiving party is required by a government body or court of law to disclose information, the receiving party agrees to give the disclosing party reasonable advance notice so that the disclosing party may contest the disclosure or seek a protective order. Each party agrees to use reasonable efforts to return to the other party, or to destroy (and to certify the destruction in writing to the other party), all materials containing any Confidential Information of the other party upon the request of the disclosing party. Confidential Information received under this Section need only be protected per this Section for five (5) years from first receipt thereof.

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8. WARRANTY; DISCLAIMER.

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'''8. WARRANTY; DISCLAIMER.'''

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a) Limited Warranties. Opticon represents and warrants that for a period of sixty (60) days after the date of delivery (the “Warranty Period”), the Software will function under ordinary use; will perform substantially the functions described in the DOCUMENTATION, and the media on which the Software is delivered will be free from defects in design, workmanship and materials.

+

:'''a) Limited Warranties.''' Opticon represents and warrants that for a period of sixty (60) days after the date of delivery (the “Warranty Period”), the Software will function under ordinary use; will perform substantially the functions described in the DOCUMENTATION, and the media on which the Software is delivered will be free from defects in design, workmanship and materials.

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b) Sole Remedy. Opticon’s sole and exclusive obligation, and your sole and exclusive remedy, for any breach of the warranties in section 8(a) is to use reasonable efforts to repair or replace the Software so that it conforms to the applicable warranty.

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:'''b) Sole Remedy.''' Opticon’s sole and exclusive obligation, and your sole and exclusive remedy, for any breach of the warranties in section 8(a) is to use reasonable efforts to repair or replace the Software so that it conforms to the applicable warranty.

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c) Limitation and Exclusions. Opticon will have no obligation under this section 8 with respect to problems caused: (i) by a malfunction of computer hardware or software other than the SOFTWARE or the OPTICON HARDWARE; (ii) by any modification of the SOFTWARE that is unauthorized; (iii) by any combination, operation, or use of the SOFTWARE with systems other than those described by this Agreement or the DOCUMENTATION or that may otherwise be approved by Opticon; or (iv) by the SOFTWARE being subjected to neglect, accident or the elements.

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:'''c) Limitation and Exclusions.''' Opticon will have no obligation under this section 8 with respect to problems caused: (i) by a malfunction of computer hardware or software other than the SOFTWARE or the OPTICON HARDWARE; (ii) by any modification of the SOFTWARE that is unauthorized; (iii) by any combination, operation, or use of the SOFTWARE with systems other than those described by this Agreement or the DOCUMENTATION or that may otherwise be approved by Opticon; or (iv) by the SOFTWARE being subjected to neglect, accident or the elements.

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d) Disclaimers. EXCEPT AS STATED IN THIS SECTION 8 (“WARRANTY; DISCLAIMER”), OPTICON AND ITS LICENSORS AND SUPPLIERS MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SOURCE CODE, DOCUMENATION, AND/OR SERVICES TO BE PROVIDED HEREIN BY OPTICON, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NOINFIRNGMENT AND FITNESS FOR A PARTICULAR PURPOSE. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation, except those specifically set forth herein.

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:'''d) Disclaimers.''' EXCEPT AS STATED IN THIS SECTION 8 (“WARRANTY; DISCLAIMER”), OPTICON AND ITS LICENSORS AND SUPPLIERS MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SOURCE CODE, DOCUMENATION, AND/OR SERVICES TO BE PROVIDED HEREIN BY OPTICON, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NOINFIRNGMENT AND FITNESS FOR A PARTICULAR PURPOSE. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation, except those specifically set forth herein.

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9. INDEMNIFICATION BY OPTICON.

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'''9. INDEMNIFICATION BY OPTICON.'''

a) Indemnification by Opticon for Infringement. Opticon shall, at its expense, defend or settle any claim or action brought against you that is based on or alleges that the SOFTWARE or SOURCE CODE directly infringes a U. S. copyright, trademark, or trade secret (“Opticon Indemnified Claim”). Opticon shall pay all damages awarded or amounts of settlements entered into for the Opticon Indemnified Claim.

 :'''e)''' No Implied Licenses. There are no implied licenses under this Agreement (by implication, estoppel or otherwise), and any rights not expressly granted to you herein are reserved by Opticon or its suppliers.
-. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
+								'''3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.'''
-								a) Trial Software. If the SOFTWARE or SOURCE CODE installed is to be used in conjunction with evaluation units of OPTICON HARDWARE, then notwithstanding other sections of this Agreement, you may only use the SOFTWARE for evaluation purposes and may not redistribute any SOFTWARE or SOURCE CODE.
+								:'''a) Trial Software.''' If the SOFTWARE or SOURCE CODE installed is to be used in conjunction with evaluation units of OPTICON HARDWARE, then notwithstanding other sections of this Agreement, you may '''''only''''' use the SOFTWARE for evaluation purposes and may not redistribute any SOFTWARE or SOURCE CODE.
-								b) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile or disassemble the SOFTWARE, or attempt in any manner to derive, reconstruct or discover any SOURCE CODE or underlying algorithms of SOFTWARE provided in object code form only, from the SOFTWARE or DOCUMENTATION.
+								:'''b) Limitations on Reverse Engineering, Decompilation, and Disassembly.''' You may not reverse engineer, decompile or disassemble the SOFTWARE, or attempt in any manner to derive, reconstruct or discover any SOURCE CODE or underlying algorithms of SOFTWARE provided in object code form only, from the SOFTWARE or DOCUMENTATION.
-								c) Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one device.
+								:'''c) Separation of Components.''' The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one device.
-								d) Transfer. You may not transfer, rent, sublease, or lend the SOFTWARE and/or SOURCE CODE.
+								:'''d) Transfer.''' You may not transfer, rent, sublease, or lend the SOFTWARE and/or SOURCE CODE.
-								e) Support Services. Opticon may provide you with support services related to the SOFTWARE and/or SOURCE CODE ("SUPPORT SERVICES"). Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Opticon as part of the SUPPORT SERVICES, Opticon may use such information for its business purposes. Opticon will not utilize such technical information in a form that personally identifies you as an individual, a single entity, or a corporation.
+								:'''e) Support Services.''' Opticon may provide you with support services related to the SOFTWARE and/or SOURCE CODE ("SUPPORT SERVICES"). Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Opticon as part of the SUPPORT SERVICES, Opticon may use such information for its business purposes. Opticon will not utilize such technical information in a form that personally identifies you as an individual, a single entity, or a corporation.
-								f) Termination. Without prejudice to any other rights, Opticon may immediately terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. In such event, you agree to destroy all copies of the SOFTWARE, SOURCE CODE, DEVELOPED SOFTWARE and/or CONFIDENTIAL INFORMATION.
+								:'''f) Termination.''' Without prejudice to any other rights, Opticon may immediately terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. In such event, you agree to destroy all copies of the SOFTWARE, SOURCE CODE, DEVELOPED SOFTWARE and/or CONFIDENTIAL INFORMATION.
-. COPYRIGHT.
+								'''4. COPYRIGHT.'''
 The SOFTWARE and SOURCE CODE are owned by Opticon and are protected, at least, by United States copyright laws and applicable international treaties.
-. PROPRIETARY RIGHTS.
+								'''5. PROPRIETARY RIGHTS.'''
 Portions of the SOFTWARE and SOURCE CODE utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the SOFTWARE and SOURCE CODE, and your use of such material is governed by their respective terms. All other copyright, patent, trade secret, trademark and other intellectual and property rights in the SOFTWARE and SOURCE CODE are, and shall remain, the valuable property of Opticon. You agree to take all reasonable steps to ensure that the provisions of this Agreement are not violated by you or by any person under your control or in your service.
-. EXPORT RESTRICTIONS.
+								'''6. EXPORT RESTRICTIONS.'''
 You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE and/or SOURCE CODE or (ii) your DEVELOPED SOFTWARE or services that use the SOFTWARE and/or SOURCE CODE, or (iii) the DOCUMENTATION to any country to which such export or transmission is restricted by any applicable U. S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U. S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
-. CONFIDENTIAL INFORMATION.
+								'''7. CONFIDENTIAL INFORMATION.'''
-								a) Confidentiality. Opticon and you agree that, in the course of dealings between the parties, each party may acquire information or materials about the other party, its business activities and operations, its technical information and trade secrets, which are of a confidential or proprietary nature (“Confidential Information”). Without limitation, information will be treated as Confidential Information (i) if it is marked or accompanied by documents clearly and conspicuously designating them as “confidential” or the equivalent; or before, during or promptly after the presentation of communication. Upon request by you, Opticon shall advise you whether or not it considers any particular information or materials to be Confidential Information. “Confidential Information“ does not include any information which: (i) was known to the receiving party before receipt from the disclosing party; (ii) is or becomes publicly available through no fault, act or omission of the receiving party; (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality; (iv) is disclosed by the disclosing party to a third party without a duty of confidentiality on the third party; or (v) is independently developed by the receiving party.
+								:'''a) Confidentiality.''' Opticon and you agree that, in the course of dealings between the parties, each party may acquire information or materials about the other party, its business activities and operations, its technical information and trade secrets, which are of a confidential or proprietary nature (“Confidential Information”). Without limitation, information will be treated as Confidential Information (i) if it is marked or accompanied by documents clearly and conspicuously designating them as “confidential” or the equivalent; or before, during or promptly after the presentation of communication. Upon request by you, Opticon shall advise you whether or not it considers any particular information or materials to be Confidential Information. “Confidential Information“ does not include any information which: (i) was known to the receiving party before receipt from the disclosing party; (ii) is or becomes publicly available through no fault, act or omission of the receiving party; (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality; (iv) is disclosed by the disclosing party to a third party without a duty of confidentiality on the third party; or (v) is independently developed by the receiving party.
-								b) No Use or Disclosure. Each Party shall not disclose the others party’s Confidential Information to third parties, and shall not use Confidential Information except to exercise its rights and fulfill its duties under this Agreement. In addition, each party shall use the same degree of care, but no less than a reasonable degree of care, as the party uses with respect to its own similar information to protect the information and to prevent unauthorized use or disclosure. Without limiting the foregoing, neither party shall disclose Confidential Information of the other party to its employees who do not have a need to know that information. If a receiving party is required by a government body or court of law to disclose information, the receiving party agrees to give the disclosing party reasonable advance notice so that the disclosing party may contest the disclosure or seek a protective order. Each party agrees to use reasonable efforts to return to the other party, or to destroy (and to certify the destruction in writing to the other party), all materials containing any Confidential Information of the other party upon the request of the disclosing party. Confidential Information received under this Section need only be protected per this Section for five (5) years from first receipt thereof.
+								:'''b) No Use or Disclosure.''' Each Party shall not disclose the others party’s Confidential Information to third parties, and shall not use Confidential Information except to exercise its rights and fulfill its duties under this Agreement. In addition, each party shall use the same degree of care, but no less than a reasonable degree of care, as the party uses with respect to its own similar information to protect the information and to prevent unauthorized use or disclosure. Without limiting the foregoing, neither party shall disclose Confidential Information of the other party to its employees who do not have a need to know that information. If a receiving party is required by a government body or court of law to disclose information, the receiving party agrees to give the disclosing party reasonable advance notice so that the disclosing party may contest the disclosure or seek a protective order. Each party agrees to use reasonable efforts to return to the other party, or to destroy (and to certify the destruction in writing to the other party), all materials containing any Confidential Information of the other party upon the request of the disclosing party. Confidential Information received under this Section need only be protected per this Section for five (5) years from first receipt thereof.
-. WARRANTY; DISCLAIMER.
+								'''8. WARRANTY; DISCLAIMER.'''
-								a) Limited Warranties. Opticon represents and warrants that for a period of sixty (60) days after the date of delivery (the “Warranty Period”), the Software will function under ordinary use; will perform substantially the functions described in the DOCUMENTATION, and the media on which the Software is delivered will be free from defects in design, workmanship and materials.
+								:'''a) Limited Warranties.''' Opticon represents and warrants that for a period of sixty (60) days after the date of delivery (the “Warranty Period”), the Software will function under ordinary use; will perform substantially the functions described in the DOCUMENTATION, and the media on which the Software is delivered will be free from defects in design, workmanship and materials.
-								b) Sole Remedy. Opticon’s sole and exclusive obligation, and your sole and exclusive remedy, for any breach of the warranties in section 8(a) is to use reasonable efforts to repair or replace the Software so that it conforms to the applicable warranty.
+								:'''b) Sole Remedy.''' Opticon’s sole and exclusive obligation, and your sole and exclusive remedy, for any breach of the warranties in section 8(a) is to use reasonable efforts to repair or replace the Software so that it conforms to the applicable warranty.
-								c) Limitation and Exclusions. Opticon will have no obligation under this section 8 with respect to problems caused: (i) by a malfunction of computer hardware or software other than the SOFTWARE or the OPTICON HARDWARE; (ii) by any modification of the SOFTWARE that is unauthorized; (iii) by any combination, operation, or use of the SOFTWARE with systems other than those described by this Agreement or the DOCUMENTATION or that may otherwise be approved by Opticon; or (iv) by the SOFTWARE being subjected to neglect, accident or the elements.
+								:'''c) Limitation and Exclusions.''' Opticon will have no obligation under this section 8 with respect to problems caused: (i) by a malfunction of computer hardware or software other than the SOFTWARE or the OPTICON HARDWARE; (ii) by any modification of the SOFTWARE that is unauthorized; (iii) by any combination, operation, or use of the SOFTWARE with systems other than those described by this Agreement or the DOCUMENTATION or that may otherwise be approved by Opticon; or (iv) by the SOFTWARE being subjected to neglect, accident or the elements.
-								d) Disclaimers. EXCEPT AS STATED IN THIS SECTION 8 (“WARRANTY; DISCLAIMER”), OPTICON AND ITS LICENSORS AND SUPPLIERS MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SOURCE CODE, DOCUMENATION, AND/OR SERVICES TO BE PROVIDED HEREIN BY OPTICON, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NOINFIRNGMENT AND FITNESS FOR A PARTICULAR PURPOSE. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation, except those specifically set forth herein.
+								:'''d) Disclaimers.''' EXCEPT AS STATED IN THIS SECTION 8 (“WARRANTY; DISCLAIMER”), OPTICON AND ITS LICENSORS AND SUPPLIERS MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, SOURCE CODE, DOCUMENATION, AND/OR SERVICES TO BE PROVIDED HEREIN BY OPTICON, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NOINFIRNGMENT AND FITNESS FOR A PARTICULAR PURPOSE. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation, except those specifically set forth herein.
-. INDEMNIFICATION BY OPTICON.
+								'''9. INDEMNIFICATION BY OPTICON.'''
 a) Indemnification by Opticon for Infringement. Opticon shall, at its expense, defend or settle any claim or action brought against you that is based on or alleges that the SOFTWARE or SOURCE CODE directly infringes a U. S. copyright, trademark, or trade secret (“Opticon Indemnified Claim”). Opticon shall pay all damages awarded or amounts of settlements entered into for the Opticon Indemnified Claim.