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CommSys does not guarantee that the problems will be solved or that any item <br />will be error-free. This Agreement is only applicable to CommSys Software <br />running under the certified environments specified in the release notes for that <br />product. CommSys will provide the End User with substantially the same level of <br />service throughout the term of this Agreement. CommSys may from time to time <br />discontinue Software products or versions and stop supporting Software products <br />or versions one year after discontinuance, or otherwise discontinue any support <br />service. <br />THE WARRANTIES OF COMMSYS SET FORTH IN THIS SECTION ARE <br />EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, <br />EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO <br />EVENT SHALL COMMSYS BE LIABLE FOR INCIDENTAL, INDIRECT, <br />CONSEQUENTIAL, OR SPECIAL DAMAGES INCLUDING, WITHOUT <br />LIMITATION, LOSS OF DATA OR PROFITS, WITH A CLAIM BY REASON OF <br />BREACH OF WARRANTY OR BASED ON CONTRACT, STRICT LIABILITY OR <br />OTHERWISE, REGARDLESS OF WHETHER COMMSYS HAS BEEN ADVISED <br />OF THE RISK OF SUCH DAMAGES IN ADVANCE. <br />CommSys is not liable for incidental, special or consequential damages for any <br />reason (including loss of data or other business or property damage), even if <br />foreseeable or if End User has advised of such a claim. CommSys's liability shall <br />not exceed the fees that End User has paid under this Agreement. End User <br />agrees that the pricing for the services would be substantially higher but for these <br />limitations. <br />5. Term <br />This Agreement shall start on the Effective Date stated below. This Agreement <br />shall run fora period of one (1) year from the Effective Date and shall <br />automatically renew for consecutive one (1) year periods unless either party <br />provides written notice of termination within sixty (60) days prior to the <br />anniversary date of the Effective Date. <br />Payment for each renewal term shall be due on the renewal date at the current <br />rates for support of the Software. This Agreement may be terminated for non- <br />payment or material breach. Fees paid or due are non-refundable unless <br />CommSys has materially breached this Agreement and has failed to cure the <br />breach after 30 days written notice. <br />The Effective Date of this Agreement is: <br /><Enter Date> ~/EAtBE",P Z~j 2cPJ"b <br />©Copyright 2006 CommSys Incorporated Page 4 <br />Proprietary & Confidential Information <br />