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PROBLEMS OR INTERRUPTIONS,OR THAT IT WILL BE FREE OF <br /> VULNERABILITY TO INTRUSION OR ATTACK. GTECHNA AND ITS <br /> DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES, <br /> REPRESENTATIONS AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, <br /> INCLUDING,BUT NOT LIMITED TO THE WARRANTIES OF NON- <br /> INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND/OR <br /> ARISING FROM A COURSE OF DEALING,USAGE OR TRADE PRACTICE WITH <br /> REGARD TO THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME <br /> JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF <br /> IMPLIED WARRANTIES,THE ABOVE LIMITATION MAY NOT APPLY TO THE <br /> CUSTOMER.TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE <br /> EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE SHORTEST <br /> WARRANTY PERIOD APPLICABLE IN SUCH JURISDICTION. IN NO EVENT <br /> WILL GTECHNA OR ANY OF ITS DISTRIBUTORS OR SUBSIDIARIES,OR ANY <br /> OF THE DIRECTORS,OFFICERS, EMPLOYEES,AGENTS, REPRESENTATIVES <br /> OR AFFILIATES OF GTECHNA,THEIR SUBSIDIARIES OR THEIR SUPPLIERS, <br /> BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, <br /> PUNITIVE,INDIRECT OR SPECIAL DAMAGES WHATSOEVER(INCLUDING, <br /> WITHOUT LIMITATION,DAMAGES FOR THE LOSS OR ALTERATION OF <br /> DATA,LOSS OF PROFIT, INTERRUPTION OF BUSINESS AND LOSS OF <br /> EMPLOYEE WORK TIME AND LOSS OF BUSINESS INFORMATION), HOWEVER <br /> CAUSED, WHETHER FORESEEABLE OR UNFORESEEABLE,ARISING OUT OF <br /> THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, <br /> REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF GTECHNA OR ONE <br /> OF ITS DISTRIBUTORS OR A REPRESENTATIVE OF EITHER HAS BEEN <br /> ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE CUSTOMER'S SOLE <br /> AND EXCLUSIVE REMEDY,AND GTECHNA'S AND ITS DISTRIBUTORS' AND <br /> SUBSIDIARIES' ENTIRE AGGREGATE LIABILITY TO THE CUSTOMER FOR <br /> DIRECT DAMAGES, FOR ANY CAUSE WHATSOEVER,AND REGARDLESS OF <br /> THE FORM OF THE ACTION,WHETHER IN CONTRACT OR IN TORT <br /> (INCLUDING NEGLIGENCE)OR OTHERWISE, SHALL NOT EXCEED THE <br /> CONTRACT AMOUNT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE <br /> EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR <br /> INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO THE <br /> CUSTOMER. <br /> If any provision of this License is held unenforceable by a court of competent jurisdiction, <br /> that provision shall be enforced to the maximum extent permissible, and the remaining <br /> provisions of this License will remain in full force and effect. Gtechna hereby specifically <br /> disclaims the U.N. Convention on Contracts for the International Sale of Goods. <br /> 4. WARRANTY <br /> If the Customer accepts the full license in accordance with the terms and conditions of <br /> this Agreement,the Customer shall have twelve(12)months* from the acceptance of the <br /> full license to report any defect in the Software. In such an event, Gtechna will,at no cost <br /> to the Customer,have programming errors corrected and deliver to the Customer a <br /> functional version of the Software. <br /> City of Everett/Gtechna Software Agreement <br /> Page 21 7/25/2018 <br />