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Agency so notifies ePR in writing during the Warranty Period, Agency will be entitled to a refund of the fees collected by ePR during the Warranty Period. This refund will be Agency's exclusive remedy for a breach warranty. All Warranty Claims not made in writing or not received by ePR within the Warranty Period will be deemed to have been waived. OTHER THAN THIS LIMITED WARRANTY, ePR MAKES NO REPRESENTATIONS ABOUT THE SERVICES AND IS PROVIDING THEM TO AGENCY AND AGENCY'S USERS "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ePR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ePR DOES NOT WARRANT (A) THAT THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR OR FREE OF VIRUSES, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, OR (B) THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS OR USEFULNESS OF THE REPORTS, DATA OR OTHER INFORMATION AGENCY OBTAINS FROM USING THE SERVICES. USE OF THE SERVICES IS ENTIRELY AT AGENCY'S OWN RISK AND AGENCY ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF PROBLEMS THAT MAY BE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ePR WILL NOT BE LIABLE TO AGENCY OR ANY USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES EVEN IF 1T HAS BEEN APPRISED OF THE LIKELIHOOD OF THOSE DAMAGES. IN NO EVENT WILL ePR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IXCEED THE TOTAL AMOUNT OF FEES PAID BY AGENCY TO ePR DURING THE TERM. il. FI rd~aarw And ~rvice Reauirem~. Agency and Agency's Users are solely responsible for acquiring, servicing, maintaining and updating all equipment, computers, software and communications services that allow Agency to access and use the Services, and for all expenses relating thereto (plus any applicable taxes). Agency and Agency's Users will access and use the Services in accordance with any operating instructions or procedures that may be issued by ePR, as amended by ePR from time to time. ePR does not make any commitments regarding use or performance of the Services with browsers other than Microsoft Intemet Explorer 6 (or higher) and Netscape Navigator 6 (or higher). 12. Performance. The operation and availability of the systems used for accessing and interacting with the Services, including, the public telephone, computer networks and the Internet or to transmit information, whether or not supplied by Agency or ePR, can be unpredictable and ServicesmePRes not responsible for th t nterference or Prevention of access o~ use. ration of the 13. Mi~^°'laneor~s Provisions. (a) c~.~n,,,~ina Law. This Agreement is made under and will be governed by, and construed in accordance with, the laws of the State of Cal'ifomia, except that body of law controlling conflicts of law. The prevailing party in any litigation between the parties will recover its reasonable attorneys' fees and costs from the non-prevailing party. (b) Marketing. Agency consents to ePR's use of Agency's name and logo for the limited purpose of identifying Agency as an ePR customer. From time to time, ePR selects candidates from its customer list whom it wishes to announce as a business relationship. If Agency is selected, ePR will notify Agency before the press release or quote is published in the public domain. ePoliceRepo655 SCveCireek Va ley RoadfSanJose, Cal fomia 95138P2i43re~~.~m