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