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o <br /> <br />(c) Upon notice to Pictometry of any breach of the warranty in clause (a) above, <br />Pictometry will promptly reinstall a copy of the Licensed Images and/or Licensed <br />Software involved. <br />(d) Upon notice to Pictometry of any breach of the warranty in clause (b) above, <br />Pictometry will correct the problem so as to allow the Licensed Products to produce <br />Images and related data that are usable for the general purposes intended. The <br />foregoing warranties are the sole and exclusive warranties that Pictometry makes with <br />respect to the Licensed Products, and the remedies set forth above are the sole and <br />exclusive remedies for breach of those warranties. <br />(e) In the event Pictometry is unwilling or unable to either promptly reinstall a <br />copy of the Licensed Images and/or Licensed Software or if the information <br />concerning the accuracy of the Licensed Products set forth on the attached Schedule C <br />is not a substantially tree and accurate reflection of actual products, Pictometry will be <br />considered in material breach of this agreement and this contract may be terminated by <br />Licensee. Upon termination for material breach as described directly above, <br />Pictometry will refund Licensee any money for unused services under this agreement. <br /> <br />8.2 <br /> <br />Disclaimer of Other Warranties. Except as provided in Section 8.1 above, EACH <br />OF THE LICENSED PRODUCTS IS PROVIDED TO LICENSEE "AS IS" AND <br />PICTOMETRY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY <br />KIND. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO <br />WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE, ACCURACY, AND NON1NFRINGEMENT, ARE <br />HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. <br /> <br />8.3 <br /> <br />Limitations and Exclusions of Remedies. The respective remedies set forth in <br />Section 8.1 are the sole and exclusive remedies provided for breach of the warranties <br />given. With respect to any other claims that Licensee may have at any time against <br />Pictometry on any matter relating to this Agreement, or the installation, operation, <br />design, distribution, or use of the Licensed Products, the total liability of Pictometry <br />shall in the aggregate be limited to the aggregate amounts of money that Licensee has <br />paid to Pictometry under this Agreement. In addition, because of scheduling and other <br />considerations in preparing current Images, Pictometry cannot assure delivery of the <br />Licensed Products on a specified delivery date, and Pictometry shall not be liable for <br />any such late delivery except in a case of its negligence or willful misconduct. IN NO <br />EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF <br />ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS <br />AGREEMENT, THE LICENSED PRODUCTS, OR 1MAGES (INCLUDING <br />UNDER THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT <br />LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR <br />ANY iNDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER <br />SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR BY ITS <br />CUSTOMERS OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. <br /> <br />PATENT AND COPYRIGHT INDEMNIFICATION <br /> <br />Page9 of 12 021110 <br /> <br /> <br />