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ARTICLE 7— LIMITED WARRANTIES AND DISCLAIMERS
<br />7.1 Limited Warranties —For a period of ninety (90) days from the later of the date of keycode issuance or date of delivery
<br />of the Software, Data, or Documentation to Licensee, ESRI represents and warrants that (i) the unmodified Software will
<br />substantially conform to the published Documentation and (it) the media upon which the Software, Data, and Documentation
<br />is provided will be free from defects in materials and workmanship under normal use and service.
<br />7.2 Data Disclaimer —If included under this License Agreement, the Data has been obtained from sources believed to be
<br />reliable, but its accuracy and completeness are not guaranteed. The Data may contain some nonconformities, defects, errors,
<br />or omissions. ESRI AND ITS LICENSOR(S) MAKE NO WARRANTY WITH RESPECT TO THE DATA. Without
<br />limiting the generality of the preceding sentence, ESRI and its licensor(s) do not warrant that the Data will meet Licensee's
<br />needs or expectations, the use of the Data will he uninterrupted, or that all nonconformities can or will be corrected. ESRI
<br />and its licensor(s) are not inviting reliance on this Data, and Licensee should always verify actual Data including, but not
<br />limited to, map, spatial, raster, and tabular information.
<br />7.3 High Risk Activities
<br />(a) The Software, Data, and Documentation are not fault - tolerant and are not designed, manufactured, or intended for use or
<br />resale for insurance underwriting or with critical health and safety or online control equipment in hazardous
<br />environments that require fail -safe performance, such as in the operation of nuclear facilities, aircraft navigation or
<br />communication systems, air traffic control, emergency response, terrorism prevention or response, life support, or
<br />weapons systems ( "High Risk Activities "). ESRI SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED
<br />WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
<br />(b) To the extent permitted by law, Licensee agrees to indemnify, defend, and hold ESRI, its officers, directors, employees,
<br />agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims,
<br />expenses (including attomeys' fees), demands, or damages of any kind, including direct, indirect, special, punitive,
<br />incidental, or consequential damages, arising out of or in any way connected with Licensee's use or permitting the use by
<br />others of the Software, Data, and vendor's hardware for High Risk Activities. Delivery of the Software, Data, and
<br />vendor's hardware does not constitute a waiver of the rights and obligations set forth in this Article.
<br />7.4 General Disclaimer— EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL
<br />OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
<br />THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
<br />NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT
<br />THE SOFTWARE, DATA, OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S
<br />OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES
<br />CAN OR WILL BE CORRECTED,
<br />LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT ALPHA, BETA, PRERELEASE, RESTRICTED
<br />VERSION, SAMPLE CODE AND EVALUATION SOFTWARE ARE DELIVERED "AS -IS" WITHOUT WARRANTY
<br />OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
<br />WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE,
<br />SYSTEM INTEGRATION, AND NONINFRINGEMENT. LICENSEE ASSUMES ALL RISK AS TO THE QUALITY
<br />AND PERFORMANCE OF THE BETA AND EVALUATION SOFTWARE.
<br />7.5 Exclusive Remedy— Licensee's exclusive remedy and ESRI's entire liability for breach of the limited warranties set
<br />forth in this Article 7 shall be limited, at ESRI's sole discretion, to (i) replacement of any defective media; (ii) repair,
<br />correction, or a work - around for the Software subject to the ESRI Support Services Policy; or (iii) return of the license fees
<br />paid by Licensee for the Software, Data, or Documentation that does not meet ESRI's Limited Warranty, provided that
<br />Licensee uninstalls, removes, and destroys all copies of the Software, Data, or Documentation and executes and delivers
<br />evidence of such deinstallation and destruction to ESRI or its authorized distributor.
<br />ARTICLE 8--LIMITATION OF LIABILITY
<br />8.1 Disclaimer of Certain Types of Liability —IN NO EVENT SHALL ESRI OR ITS LICENSOR(S) BE LIABLE TO
<br />LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST
<br />SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY
<br />BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
<br />DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF THE SOFTWARE,
<br />DATA, OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR
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