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acknowledges that while the data in the database is Licensee's data,the database native format is proprietary and
<br /> protected intellectual property of Azteca Systems,.LLC and that such proprietary rights and that the database format
<br /> shall survive termination of this agreement.
<br /> 5.8. The parties hereby agree that all provisions which operate to protect the intellectual rights of Azteca Systems
<br /> shall remain in force should breach or termination of any kind occur.
<br /> ARTICLE 6—LIMITED WARRANTIES AND DISCLAIMERS
<br /> 6.1 Limited Warranties. Except as otherwise provided in this Article 6,Azteca Systems warrants for a period of
<br /> ninety(90)days from the date Azteca Systems issues the Authorization Code enabling use of Software and that the
<br /> unmodified Software will substantially conform to the published Documentation under normal use and service.
<br /> 6.2 Special Disclaimer. CONTENT,DATA,SAMPLES,NEW VERSIONS,HOT FIXES,PATCHES,SERVICE
<br /> PACKS,UPDATES,UPGRADES,AND ONLINE SERVICES PROVIDED ON A NO-FEE BASIS,AND
<br /> EVALUATION,TEST AND BETA SOFTWARE ARE DELIVERED"AS IS"WITHOUT WARRANTY OF ANY
<br /> KIND.
<br /> 6.3 Internet Disclaimer.THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE
<br /> INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT(i)THE INTERNET IS
<br /> NOT A SECURE INFRASTRUCTURE,(ii)THE PARTIES HAVE NO CONTROL OVER THE INTERNET,
<br /> AND(iii)NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW
<br /> RELATED TO THE PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE
<br /> INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE
<br /> OPERATION OF ONLINE SERVICES.
<br /> 6.4 General Disclaimer.EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES,AZTECA
<br /> SYSTEMS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND,WHETHER
<br /> EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,WARRANTIES OR CONDITIONS OF
<br /> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,SYSTEM INTEGRATION,AND
<br /> NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.AZTECA SYSTEMS DOES NOT
<br /> WARRANT THAT PRODUCTS,MAINTENANCE OR ANY TECHNICAL SUPPORT SERVICES PROVIDED
<br /> HEREIN WILL MEET LICENSEE'S NEEDS;THAT LICENSEE'S OPERATION OF THE SAME WILL BE
<br /> UNINTERRUPTED,ERROR FREE,FAULT-TOLERANT,OR FAIL-SAFE;OR THAT ALL.
<br /> NONCONFORMITIES CAN OR WILL BE CORRECTED.PRODUCTS ARE NOT DESIGNED,
<br /> MANUFACTURED,OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD
<br /> TO DEATH,PERSONAL INJURY,OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. LICENSEE.
<br /> SHOULD NOT FOLLOW ANY SUGGESTIONS OR INSTRUCTIONS THAT APPEAR TO BE HAZARDOUS,
<br /> UNSAFE,OR ILLEGAL. ANY SUCH USE SHALL BEAT LICENSEE'S OWN RISK AND COST.
<br /> 6.5 Exclusive Remedy. Licensee's exclusive remedy and Azteca Systems'entire liability for breach of the limited
<br /> warranties set forth in this Article 6 shall be limited,at Azteca Systems'sole discretion,to(i)replacement of any
<br /> defective media;(ii)repair,correction,or a workaround for Software or Online Services subject to the Azteca
<br /> Systems Maintenance Services and Support Addendum;or(iii)return of the license fees paid by Licensee for the
<br /> current period,prorated for the current period,for Software or Online Services that do not meet Azteca Systems limited
<br /> warranty,provided that Licensee uninstalls,removes,and destroys all copies of Software or Documentation;ceases
<br /> using the Software or Online Services;and executes and delivers evidence of such actions to Azteca Systems.
<br /> 6.6 If the performance of any obligation under this Agreement is prevented,restricted,or interfered with by reason
<br /> of fire,flood,earthquake,explosion,or other casualty or accident;strikes or labor disputes;inability to procure
<br /> delivery of parts,supplies,services,or power;war,threat of actual terrorist act,cyberattack,or Other violence;any
<br /> law order,proclamation,regulation,ordinance,or demand;or any condition whatsoever beyond the reasonable
<br /> control of the affected party,the party so affected,upon giving prompt notice to the other party,will be provided a
<br /> temporary extension for a period of time as may be reasonably necessary to allow for such delay,prevention
<br /> interference,or restriction.
<br /> ARTICLE 7—LIMITATION OF LIABILITY
<br /> Standard License&Maintenance Agreement Page 5 of 14 10/16 ed.
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