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<br />16. <br /> <br /> <br />. <br /> <br />. <br /> <br />15. <br /> <br />LiMITATION OF LiABiLiTY AND REMEDIES <br /> <br />a. <br /> <br />Limited Warrantv <br /> <br />While this Agreement is in effect, TIBURON warrants that ail computer programs developed <br />or provided under this Agreement will conform to such applicable specifications as may be <br />developed under this Agreement. <br /> <br />THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR <br />IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A <br />PARTICULAR PURPOSE. <br /> <br />b. <br /> <br />Limitation of Damaaes and Remedv <br /> <br />TIBURON's liability hereunder for damages shail not exceed the annual maintenance <br />charge paid to TIBURON for the period in which the cause of action occurred. In no event <br />shail TIBURON be responsible for any indirect, consequential, incidental, or tort damages. <br /> <br />ENTIRE AGREEMENT <br /> <br />This Agreement sets forth the entire understanding between the parties as to the subject matter hereof and <br />merges ail prior discussions between them, and neither party shail be bound by any prior representations, <br />conditions, understandings, or warranties except for original system warranties or those expressly provided <br />herein, or in any surviving terms of prior written agreements between the parties hereto, or in any written <br />agreements signed by representatives of the parties on or subsequent to the date of this Agreement. No <br />provision appearing on any form originated by CLIENT shail have any force or effect unless such provision <br />is expressly accepted in writing and signed by a representative of TIBURON. <br /> <br />V2 Ext Sve Ex A&B-Santa Ana - 8-28-00 <br /> <br />Page 5 of 6 <br />