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periods unless (i) either party gives the other party thirty (30) days notice of its <br />intent not to renew, or (ii) the Agreement has been terminated earlier by either <br />party as provided in Section 7, or (iii) the End User and Developer have <br />terminated their relationship for services and work relative to the Products. <br />5.0 EXPENSES <br />A. Developer is solely responsible for costs and expenses incurred in <br />connection with the programming, testing and interfacing of the CDT and <br />Application Programs. CommSys shall have no obligation to provide <br />maintenance, support, upgrades or new releases to Developer. <br />B. Developer shall pay and indemnify and hold CommSys harmless from any <br />sales, use, excise, import, or export, value added or similar tax or duty <br />relating to the licensing of the CDT, including penalties and interest, as <br />well as any costs, including attorneys' fees, associated with the collection <br />or withholding thereof. <br />6.0 WARRANTIES <br />TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMSYS <br />EXPRESSLY DISCLAIMS ANY WARRANTY TO THE DEVELOPER FOR THE <br />CDT. THE CDT AND ITS ASSOCIATED DOCUMENTATION ARE PROVIDED <br />ON AN "AS IS" BASIS ONLY AND WITHOUT ANY WARRANTY OF ANY KIND. <br />THE FOREGOING STATES COMMSYS'S SOLE AND EXCLUSIVE <br />WARRANTY TO DEVELOPER CONCERNING THE "CDT" AND ITS <br />ASSOCIATED DOCUMENTATION AND COMMSYS'S SOLE AND EXCLUSIVE <br />OBLIGATION TO DEVELOPER FOR BREACH OF WARRANTY. COMMSYS <br />MAKES NO WARRANTIES EXPRESS OR IMPLIED, ARISING FROM COURSE <br />OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY MATTER <br />WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OR <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR <br />NONINFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY <br />EXCLUDED. <br />TO THE DEVELOPER, COMMSYS DOES NOT WARRANT, GUARANTEE, OR <br />MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE <br />RESULTS OF THE USE OF, THE CDT IN TERMS OF CORRECTNESS, <br />ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE <br />RESULTS AND PERFORMANCE OF THE CDT AND ANY APPLICATION <br />PROGRAMS IS ASSUMED BY DEVELOPER. SHOULD THE PROGRAM <br />PROVE DEFECTIVE, DEVELOPER AND ITS DISTRIBUTEES ASSUME THE <br />ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR <br />CORRECTION. <br />©Copyright 2006 CommSys Incorporated Page 5 <br />