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Program Materials to any third party. <br />4. Warranties and Indemnification <br />A. COMMSYS WARRANTS THAT THE LICENSED PROGRAM MATERIALS <br />WILL REASONABLY CONFORM TO THE SPECIFICATIONS SET FORTH <br />IN THE ConnectCICTM and ConnectCICTM TWETM PRODUCT <br />DESCRIPTIONS. COMMSYS DISCLAIMS ANY EXPRESS OR IMPLIED <br />WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES <br />OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, <br />OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, <br />USAGE OR TRADE PRACTICE. IN NO EVENT SHALL COMMSYS BE <br />LIABLE FOR ANY LOST REVENUES OR PROFITS, OR OTHER <br />SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, EVEN IF <br />COMMSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH <br />DAMAGES. FURTHERMORE, IT IS AGREED THAT COMMSYS'S <br />LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT <br />OF LICENSE FEES ACTUALLY PAID BY CUSTOMER TO COMMSYS. <br />5. Infringement <br />A. CommSys agrees to promptly investigate and defend, at its own expense, <br />any claim asserted against Customer, for infringement, contributory <br />infringement, inducement of infringement, or unauthorized or unlawful use of <br />any patent, copyright, trademark, trade secret or other intellectual property <br />right resulting from the distribution, reproduction, reproduction, licensing, <br />marketing, use or other disposition of the Licensed Program Materials. <br />CommSys further agrees to indemnify and hold Customer harmless against <br />any loss, damage, or expense resulting from any such claim, including <br />satisfying any and all awards or judgments that may be rendered thereon. <br />CommSys warrants that there is no current litigation, or prospective <br />litigation, of which CommSys has knowledge at the time of execution of this <br />Agreement, involving the Licensed Program Materials. <br />B. It is agreed that CommSys's liability hereunder shall in no event exceed the <br />sum of the actual license fees paid by Customer to CommSys or <br />CommSys's Reseller. <br />This document contains information confidential to CommSys Incorporated <br />Page 3 of 8 <br />