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<br /> shall be deemed to have been duly given if delivered by hand or telecopied to the addresses or fax
<br /> numbers(as the case may be)stated on the first page of this Agreement, or to such other addresses
<br /> or fax numbers as may be given in writing by the parties in accordance with this section. Any such
<br /> notice,request,demand or other communication shall be deemed to have been received,if
<br /> delivered by hand,on the date of delivery,and if telecopied,on the business day next following the
<br /> date of transmission.
<br /> 9.7 This Agreement may be executed in two or more counterparts, each of which so executed
<br /> shall be deemed to be an original, constituting good and valid evidence of this Agreement, and such
<br /> counterparts taken together shall constitute one and the same Agreement.
<br /> LIMITED WARRANTY
<br /> LIMITED WARRANTY. BSM warrants that the Software Product and BSM Hardware Product
<br /> will perform free of material reproducible defects or errors for a period of one year from the date of
<br /> shipment of the Software Product on Workstation of the Licensee and date of shipment of the BSM
<br /> Hardware Product or such lesser period as specified by the original equipment manufacturer or third
<br /> party component of the BSM Hardware Product, as the case may be, in accordance with BSM
<br /> instructions. If applicable, any maintenance services or products or technical support services
<br /> supplied shall be warranted for a period of 30 days from the date of provision of service or product.
<br /> If an implied warranty or condition is created by the Licensee's state/jurisdiction and federal
<br /> or state/provincial law prohibits disclaimer of it,the Licensee also has an implied warranty or
<br /> condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
<br /> LIMITED WARRANTY (ONE YEAR FOLLOWING INSTALLATION OR SUCH LESSER
<br /> PERIOD AS SPECIFIED BY THE ORIGINAL EQUIPMENT MANUFACTURER OR
<br /> THIRD PARTY COMPONENT OF THE BSM HARDWARE PRODUCT OR, IF
<br /> APPLICABLE,30 DAYS IN THE CASE OF MAINTENANCE SERVICES OR PRODUCTS
<br /> OR TECHNICAL SUPPORT SERIVICES SUPPLIED). AS TO ANY DEFECTS
<br /> DISCOVERED AFTER THE ONE YEAR OR 30 DAY PERIOD AS APPLICABLE,THERE
<br /> IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow
<br /> limitations on the duration of an implied warranty, so the above limitation may not apply to the
<br /> Licensee.
<br /> LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGE. The
<br /> Licensee's exclusive remedy for any breach of this Limited Warranty is as set forth below. Except
<br /> for any refund elected by BSM, THE LICENSEE IS NOT ENTITLED TO ANY DAMAGES,
<br /> INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product
<br /> and/or the BSM Hardware Product or, if applicable, maintenance product or services or technical
<br /> support services supplied, do not meet BSM's Limited Warranty, and, to the maximum extent
<br /> allowed by applicable law, even if any remedy fails of its essential purpose. The terms "Exclusion
<br /> of Incidental, Consequential, and Certain Other Damages" below are also incorporated into the
<br /> Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or
<br /> consequential damages, so the above limitation or exclusion may not apply to the Licensee. This
<br /> Limited Warranty gives the Licensee specific legal rights.The Licensee may have others which vary
<br /> from state/jurisdiction to state/jurisdiction.
<br /> THE LICENSEE'S EXCLUSIVE REMEDY. BSM's entire liability and the Licensee's exclusive
<br /> remedy shall be, at BSM's option from time to time, (a) return of the license fee,Hardware Product
<br /> cost paid(if any),or refund of the annual Maintenance Fee paid for the current year,or refund of the
<br /> technical support service fee paid, or (b) repair or replacement of, the Software Product, the
<br /> Hardware Product or, if applicable, the maintenance product or service or technical support service
<br /> supplied that does not meet this Limited Warranty. The Licensee will receive the remedy elected by
<br /> BSM without charge, except that the Licensee is responsible for any expenses the Licensee may
<br /> incur(e.g. cost of shipping the Software Product or the BSM Hardware Product as the case may be,
<br /> to BSM). This Limited Warranty is void if failure of the Software Product, the BSM Hardware
<br /> Product or, if applicable, the maintenance product or service or technical support services supplied,
<br /> hairrMted from accident, abuse, misapplication,abnormal use, improper installation,unauthorized
<br /> Confidential BSM Stinger Hardware,software and Maintenance agreement V Oct04 Page 6
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