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Agreement between Vlslphor Corporation and City of Santa Ana [Exhibit E] termination are in addition to, and not in lieu of, any other monies payable to the Customer under this Section 4.2. 4.3 VISIPHOR will have no obligation under Section 4.2 to Che extent that the Software infringes upon any third party rights as a result of: (a) improvements or modifications to the Software not made by or with the knowledge of VISIPHOR or the use or distribution of the Software in combination with programs or items not famished or approved by VISIPHOR, if such infringement would not have occurred from the use or distribution of the Software alone, or (b) if such infringement arises as a result of VISIPHOR's compliance with the Customer's designs or specifications not approved by VISIPHOR, or (c) if the alleged infringement could have been avoided by the use of a subsequent version of the Software made available to the Customer by VISIPHOR. VISIPHOR's obligations under Section 4.2 set forth VISIPHOR's entire liability and the Customer's sole remedy for any claim that the Software infringes the Intellectual Property Rights of any other Person. 4.4 VISIPHOR represents and warrants to the Customer that except as otherwise speci5ed in this Agreement, the Softwaze delivered to the Customer under this Agreement will be original works of VISIPHOR. 5. CONDITIONS FOR USE 5.1 The right to use the Software is granted by VISIPHOR to the Customer, for use by it and the Permitted Sublicensees solely to meet their own operational requirements. 5.2 By accepting the License, the Customer agrees to exclude any type of use not expressly authorized, and notably translation of the Software, adaptation, creation of derived programs, change or arrangement, correction of errors, in whole or in part, without prior written permission from VISIPHOR or as otherwise expressly permitted by this License Agreement. Except as permitted by Section 7.12, the Customer will not, and will ensure that the Permitted Sublicensees will not, decompile or reverse engineer the Software. The Customer also agrees not to lend for hve the Software or, except as expressly authorized in writing by VISIPHOR, make it available to any Person other than a Permitted Sublicensee by uploading or distributing it, in any form or by any means. 5.3 Any use other than that provided for under this License Agreement requires a rider to the License with an additional fee where applicable. 6. REPRESENTATIONS AND WARRANTIES 6.1 VISIPHOR wazrants for a period of 90 days from the date of receipt: (a) that the media on which the Software is recorded is free from any defect in materials and workmanship under normal conditions of use. VISIPHOR agrees to replace any defective media on condition that it is sent back during this time, accompanied by a written description of the problem and the receipt; and Deleted: 16/072006 Confidential Page4 17/07200 City of Same Ane-ExhibitE Copyright®200b-Visiphor Corporation