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<br />ARTICLE 4 - SOFTWARE <br /> <br />J. <br /> <br />SPECIFICA TIONS. The system shall include software to meet the FunctionaJ Specifications appJicabJe at time of Agreement, hereinafter referred to <br />as "Software" or" Datamatic Software". A copy of the Functional Specifications is attached hercto as Exhibit 1. <br /> <br />2. <br /> <br />Oatarnatic SOFTWARE LICENSE GRANT. Datarnatic hereby grants to Licensee a nontransferab1e and nonexclusive license for the use and <br />possession of the Oatamatic Software in object code form only. Said license is granted under the tenllS and conditions set forth herein. <br /> <br />A. Licensee agrees that Datamatic retains ownership rights to the Oatamatic software, and that Licensee acquires no title to the Datamatíc Software, nor <br />any other interest in the Datamatic Software, other than the right to use and possess the Datamatic Software in accordance with the tenns and <br />conditions of this Agreement. AJ1 rights not explicitly granted to Licensee are retained by Datamatic. Licensee a!so agrees 110t to make any copies <br />or reproductions ofthe Datamatic Software other than one copy to be used by Licensee as a back-up for emergency situations. <br /> <br />B. <br /> <br />The Datamatic Software may be used only in connection with the ROADRUNNER units purchased from Datamatic under this Agreement or in the <br />future. Licensee may purchase additional ROADRUNNER units from Datamatic, and may use the Datamatic Software with such units. <br /> <br />C. The Datamatic Software on the DATA SWITCH is warranted by Datamatic to operate only on an IBM-compatible Personal Computer, In the event <br />Purchaser suppJies any Personal Computer other than an IBM-compatibJe as the DA T ASWlTCH, Oatamatic makes no representations as to System <br />perfonnance, and Purchaser agrees to make all payments to Datamatic in accordance with ARTICLE 2, Paragraph I. <br /> <br />D. <br /> <br />For the purpose of inspection to detennine Licensee's compliance with the tenns and conditions of this Agreement, Licensee hereby grams <br />Datamatic the right, during regular business hours, and in compliance with established security procedures to enter Licensee's premises where the <br />Datamatic Software is located <br /> <br />E. <br /> <br />Licensee shan not use the Datamatic Software in service bureau and/or timesharing operations. Licensee shaH only use the Datamatic Software to <br />perfonn Licensee's work; and Licensee shan nO! permit anyone but Licensee's employees to use the Datamatic Software. <br /> <br />F. <br /> <br />Licensee agrees that it shall not attempt to or actuaHy sen, give, ¡end, ¡ease, convey, transfer, license, subJease, provide, or in any other manner <br />transfer any of its rights in the Datarnatic Software, whether or not modified. <br /> <br />ARTICLE 5 - SYSTEM TRAINING <br /> <br />Datamatic shal1 provide Purchaser Six (6) days of System training at Purchaser's location. AJJ travel and living expenses are at Datamatic's expense. <br /> <br />ARTICLE 6 - WARRANTIES <br /> <br />I. <br /> <br />Datamatic warrants that the System on the date of delivery to Purchaser shal1 conform to the Functional Specifications. The exc1usive remedy for <br />breach of this warranty shall be repair or repJacernent as to nonconfonning hardware, at Datamatic's option; and the provision of confonning <br />software, as to nonconfoITl1ing software. <br /> <br />2. <br /> <br />DISCLAIMER OF WARRANTY AND LIMITATIONS OF REMEDIES. Purchaser understands and agrees as follows: <br /> <br />A. <br /> <br />THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR <br />IMPLIED INCLUDING. WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR <br />PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY DA TAMA TIC. <br /> <br />B. <br /> <br />DATAMATIC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING HARDWARE. <br />PRODUCTS, SERVICES, SOFTWARE OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT. <br /> <br />c. <br /> <br />DA T AMA TIC DOES NOT WARRANT THAT THE OPERATION OF FIREFLY'S WILL BE ERROR FREE. <br /> <br />D. THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND THE SOLE REMEDIES FOR <br />DATAMATIC'S LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE SYSTEM, <br />HARDWARE, PRODUCTS. SERVICES AND SOFTWARE COVERED BY THIS AGREEMENT AND ALL PERFORMANCE BY <br />DA TAMA TIC UNDER OR PURSUANT TO THIS AGREEMENT. WILL BE LIMITED TO THE REMEDIES SET FORTH IN THIS ARTICLE <br />EXCEPT AS PROVIDED IN ARTICLE I. PARAGRAPH 8 (INFRINGEMENT). <br /> <br />E. <br /> <br />IN NO EVENT SHALL DATAMATIC'S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL INCIDENTAL, CONSEQUENTIAL OR <br />PUNITIVE DAMAGES. EVEN IF DA TAMA TIC SHALL HA VE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR <br />DAMAGE. <br />