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11'.6 II Client desires to: (a) use Soltwa~elVice :lW'latI mode. (b) use Software at another location, (c) ~r. a. restricted in Section t 1 .5. eI (d) transfer operaliolUll use of the Software to a lJritd party: lhen Client must request prior permission in writing from Unisys. Unisys will then advise Client ~eltlet, and under whit terms and conditions, Unisys wiU rlCenS8 the Softwlre al requlsted, All resriclionS applicable ~ Clilllt MI_ IppIy to any permitted Ser'4lce bur.au or third perty lisen, 11.7 This Agreement dOes not transfer to Clientlitle to any intellectual pr~erty conlained in any Sott.re, documentallon or Proprietary I nforma lion 11.8 No pa-ty is antlUed to use any Software unless till plrty has a valid wiltefllicense to use such Software and aU applicable chlllJ8S rei .the use of such Softwlre have been paid. exctj:lt that Client may authortze tempanry use of Software by a third pwty. only for Cllenrs benefit. to assess, test or develop softwwe programs to !lie extent authortzed by Section 11.5 or to pIl'form conS\lltinll services and stud- Ies. provided such lhtd party agrlllS in \\Titing to be bound by tile provisions of this Agreement regarding Pr~rietlfY Infgrmation and Sottware. 11.9 This seclion applies CO 'an procurements of SoftWare and doev. mentation by or for the U.S. federal government. By Iccepting delivery of thl Sotlware and <loClImIntallon, the government hereby agrees that the Software and documentation qualifies IS ocommercial" computer sotlw8re and commercial softwlr, lSOCumentatlon WilNn tile meaning of the acquisition regulalitln(s) Ipplicable to Ibis procurement. The lerms and condilions of this license sIIa" prescribe th. government's use and disclosure 01 the Softwlre and documentation, and shall supersede any contrary provisions. The gov.nment agees to return Ibe Soflware.1IId " documentation unused if any pravision 01 tllia License does not meet the goy<<nment'l ICNa! minimum needs or iI the government objects to any term of this license and the parties are unable to reach agreement on \he terms of ilia license. The fonowing slalement applies only to procurements governed by OFARS Part 2274 (OCT 1988): 'Res.icted Rights - Use. duplication and disclosure by the Government is S41f)Jeet 10 resh:1ioni as set forth in subparl9'Ph (e)(1 )(ii) of the Rightl in Technical Data and Co~uler Software clause at DFARS 252.227-7013 (OCT 1988)" 12. W~rr.llties and Disclaimers 12.1 EXCEPT AS EXPRESSLY ST ATEO IN THIS AGREEMENT, THERE ARE NO WAARANTIES, EXPRESS ~ IMPliED, BY OPERATION OF LAW OR OTHERWISE. UNISVS DISCLAIMS THE IMPUEO WAA- RANTIES OF MERCHANTABlUTY AND FITNESS FOR A PARTICULAR PURPOSE A3 TO BOTH UNISYS NfJ NON UNISYS PRODUCTS AND SERVICES. UNISYi WARRANTIES EXTENOSOlELYTO CLIENT. YEAR 2000 WARRANTIES OF EOUlPM9T AND SOFTWARe ARE MADE SOLELY IN seCTION 12.4. 12.2 Equipment (a) Unisys WllTants that equipment will ~ rr.. from derecls in malenal and wotkmanshtl Bnd will substantially conn 10 relevant Unisys published specifications for a perIocI of twelve monUls from its In-. stallat,on Dlle. Equipment (i) mllJ be newly m.nufletured, (ii) may be assembled from new or serviceable uslel parts thaI are equivillent 10 new parts in performa~, or (ii) may have been previously installed. During this twelve month warranty period. Unisys will repair or replace any delective item of equipment or pIIrt or component of equipment promptly reported or sent to Unisys by Clienl which Unisys delermines WIIS defective due to faulty material or workmanship. Client WIll pay transportation and insurance costs 10 ship equipment if an olf,sitl repair location is designated by Unisys: Uni~s IMII pay the retum costs il tile equipment was defective. Labor costs af diagnosis arl not included in this _rranly. .(b) Secause equipnent requires on.going rTlIintenenc.. 1tle preceding II/llrranty is flot a substitute far SURETY Sl4'PQrt Services, which are available to Client !or . charge (c) Uf\i$y::! melllcos n~ r'fll'OHntation or were.nly Is to non unlsyl equipment provided to CUent, an of wIlicn is GOld or licensed to Client 'A8 IS.' Ctienl a~.Alook SOlely to the warranties and remedies, if' any, provided by ~f8cturer. 12.3 SoftWare: (al Each itam of SO/lwatl with the designation W is, in its unaJlllrecf form, warranted ror 110 days frOl'll its Installation Date to conform sut). stantialty to the then-curT.nt ptblished fundianal specifICations. ptovided such Softwlr. is used In a maMer consistent with any applicable Unisys minimum equipment and software configuration specifications. Umsys 11/111 make reasonaele enorts rc correcf such 8ITDl'I reflecting significant deviations from the functional specifteations as are reportad by Client to Unlsys during such warranty period. (bl Becaust not aU errors in SoftWare can or need be correeled, Unisys cloes not warrant thaI all Sottwwt defecls Will be corrected. Similarly. Unisys does nol warrant Ibat 1tle lunctions contained in the SoftWare 'MIl meet Clienrs requirements or that the Software will operatll in combinations selected for use by Client. (c) AU oilier Software delivlI'ed is nol warranted by Unisys and ie licensed 'AS IS." In the case of nOli Unisys Software. Client al1en to ' look solely to the walTanlles and ~emeclies, if any, provided by the Unisys ticensor or vendor. 12.4 Year 2000, Equipment and Software (a) Unisys W8/'rents thlt tile Products designated OR' in the Y2K Ready column In the relevant Schedule to this ~eement will be capeble, when used in accordance With the applicable Product documentation provided by Unisys. of accurately processing dais data OnCIuc1lng. but nol limited to calCUlating. comperlflg and sequencing) from, into and between /he 2011I and 21st centuries and19~~ and 2000. lneluclng leap Y'. cllculations. provided tl\at aR third party products and Client's customized data processing materials used In combination With Ole Products properiy exchange dete dell with the Products (hereinafter 'Vear 2000 Read'l). Unisy1 will repeir or replace Products hi do IIot accurately process date dall IS set forth above. provided: (~ Client notifies Unisys before March 31. 2000 or. ;f later. before the Ixpiratlon of any general _ranty period lor the Products under Sections 12.2 or 12.3 above; and (ii) Client keeps tne Products at tile t~en<urT.nt release level(s) and. in the absence of a general W8rTlnly or alter any general WIlTanty pll'iod. enrollec:t continuously unc:ter Untsys maintenance. (b) Unj~ makes no warranty for dale data functionality for Products designated '\I" in tile Y2K Ready column. Unisys obtains these ProduC1s from tnird parties and ~II pess on to CNent well tlate data functionality warranties, if any. as tile Product vendor permits Unlsys to peM along on the Product vendor'. behalf to end users. C~ent agrees to IOClk solely to such Product vendclts lor correction or repair of defects in dale data functionality of such Products. (c) Products deSign.tld 'Re' in the Y2K RB8dy column are obtained from Ihird parties and are WllIl'anted.s 'R" according to Section 12,4(a). above. when: (~ acquired from Unlsys: and (Ii) designated by lkIisyc for use as I component in I Unisys packaged style designaled oR:' and (10 used by Client onty as a component in that unlsys packaged style. In an other instlncas, a Product designated 'Re' will be deemed and treated IS a 'V' Product under Section 12 .4jb). above (d) Unisys makes no v.wranty for date data functionality for Products designated 'W or 'U" or for Products with no designation in thl 't'2K Ready column. Client acknOYo4edges that it understandS that Products designated 'NO are not and will nol be made Year 2000 Ready and that Unisys disclaims any warranty 01 the Product's abitity to function corrllct~ ""en dealing Mth dates. Client has independently evaluated the Products and. noNrilbstanding the foregoing. confirms its erder for the said Products and 19'88' its use of such PrD4.1cts will be at its sole risk. 12.5 SURETY Support Servic..: (a) Unisys warrant. thaI equipment and Software will be suppor1llld in accordance With !lie specific SURETY Support Service seleclied. UnlS'(1 sell and exclusive obligations undar this 'MIIIT8nty will be to conform CD Itte :SUReTY ~upport Service Oeseripuons. Equipnent parts wnlcll are removed for replacement by Unisys become the property 01 Unisys. ~3()5 3982-006 13199) ,. 0114