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(5) During the 90 day warranty period, and notwithstanding any other default procedures herein, LICENSEE's exclusive remedy and ECT's sole obligation, in the event the Software does not conform to the above warranty and LICENSEE notifies ECT in writing during such period specifying the non-conformance, shall be to take reasonable steps to correct or repair the non- conformance; or deliver replacement Software that so performs functionally in accordance with the Documentation: or refund LICENSEE's paid License fees and applicable taxes pro rata in proportion to the remaining term of the License. (6) Notwithstanding the above limitations, ECT will hold LICENSEE harmless from and defend or provide defense for, any claims or actions brought against LICENSEE to the extent that it is solely based on a claim that the Software provided pursuant to this License and used for the purpose and in the manner set forth in this Agreement, infringe on any valid U.S. patent or copyright held by any person or entity, so long as LICENSEE promptly informs ECT in writing, turns over defense, and fully cooperates with ECT with respect to such claim. (7) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTON, ECT SHALL NOT BE LIABLE FOR ANY DIRECT COSTS OR DAMAGES, AND IN NO EVENT SHALL ECT BE LIABLE FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTATION EVEN THOUGH THE PARTIES MAYBE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 9. FEES. The total and complete one-time license fee for the Licensed Software is $8,619.25, payable as follows within 30 days of Software shipment, in accordance with the price set forth in Licensee's P.O. referenced in the Packing Slip. The license fee for the Licensed Software permits use by number I user: The annual maintenance fees for the Licensed Software shall be $1,124.25 annually and said price shall remain in effect for all subsequent year as renewed by the parties. LICENSEE shall be required to enter into and remain on a separate annual Maintenance Agreement in order to continue to receive Software updates and technical support for the Software. If annual Maintenance terminates for any reason, ECT shall bear no responsibility to supply assistance to LICENSEE in the updating or maintenance of the Software. If LICENSEE has continuously purchased annual Maintenance, ECT will offer maintenance for a licensed version of the Software for at least a period of one full year from the generally available release of the next version ofthe Software.