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Agreement between Vislphor Corporation and C/ty of Santa Ana [Exhib/t E] (b) that the Software is in compliance with the specifications defined in its Documentation. 6.2 VISIPHOR warrants that the Software provided by it under the terms of this Agreement will have the functional capabilities set forth in Schedule A to the Agreement, in the Implementation Plan delivered by VISIPHOR pursuant to the Agreement, as approved and accepted by the Customer th accordance with Schedule A to the Agreement, and in the technical documentation for the Software provided to the Customer by VISIPHOR. This warranty will remain in effect for as long as the Customer is party to a current CSA. 6.3 VISIPHOR warrants that to its knowledge the Software does not contain any virus or any computer instructions whose purpose is: (a) to disrupt, damage or interfere with the use by the Customer or any Permitted Sublicensee of any of data, programs or computer or telecommunications facilities for their commercial purposes; (b) to perform functions which are not an appropriate part of the functionality of the Software and whose result is to disrupt the use or operation of thereof. Except as otherwise expressly authorized th writing by the Customer, none of the Software and none of the Source Code contains: (i) any mechanism which electronically notifies VISIPHOR of any fact or event or (ii) any key, node lock, time-out, logic bomb, clock, timer, counter or other function, implemented by any means, which may restrict the use of or access to any programs, data or equipment. 6.4 VISIPHOR does not wazrant that [he Softwaze will satisfy the Customer's business and performance expectations, except as described in this License Agreement or explicitly in Schedule A to the Agreement, nor that the Software is free from minor defects. 6.5 The Customer explicitly recognizes that VISIPHOR is released from its warranty under Section 6.6 if the Customer should ever modify the executable version of the Software at its own initiative and without the knowledge or consent of VISIPHOR or if the Software is used in a hardware or system environment different from that identified at the date of installation without the knowledge or consent of VISIPHOR. 6.6 The foregoing warranties and any other representations, warranties or conditions contained in the Transaction Documents are in lieu of all other warranties or conditions. VISIPHOR makes no other warranty or condition, express or implied, and there aze expressly excluded all implied or statutory warranties or conditions, including warranties of merchantability or fitness for a particulaz purpose, and those azising otherwise in law or from a course of dealing or usage of trade. 6.7 Upon the breach of any of the representations and warranties on its part set forth in this Part 6, VISIPHOR will defend, indemnify and hold harmless the Customer and all Permitted Sublicensees from and against any Loss resulting from any Claim relating thereto. Deleted: 16ro7rzo06 Confidential Page 5 1 /7 07/2006 Ciry of Snn[e Ma-ExhibitE Copyright®2006-Vislphor Corporation