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<br />2. Warranties
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<br />a) Material Errors. KCC warrants that if during the ninety (90) day period after installation and/or the
<br />duration of any extended warranty, you notify KCC that the Software contains an error that materi-
<br />ally and adversely affects your law enforcement activities, KCC will at no cost to you use its best
<br />efforts to either correct the error or provide a reasonable workaround for such error. KCC does not
<br />warrant that the functions contained in the Software will meet your requirements, nor that the op-
<br />eration of the Software will be uninterrupted or error-free. The warranties set forth in this Section
<br />do not cover any copy of the Software that has been altered or changed in any way by you or any
<br />authorized user.
<br />During the warranty period KCC will provide changes to the software mutually agreed upon by the
<br />parties for software troubleshooting and program code debugging only. No customization of the
<br />COPLlNK System products will occur beyond that stated unless otherwise noted in a separate
<br />agreement. The warranty does not include any updates to the software that are not the result of
<br />errors.
<br />b) Exclusions. KCC is not responsible for problems caused by changes in, or modifications to, the
<br />operating characteristics of any computer hardware or operating system for which Customer has
<br />authorized KCC to install the KCC Software, nor is KCC responsible for problems that occur as a
<br />result of the use of the KCC Software in conjunction with software of third parties or with hardware
<br />that is incompatible with the operating system for which the KCC Software is being installed.
<br />c) Limitations. ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
<br />MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
<br />EXPRESSLY EXCLU OED. The warranties contained in this section are made in lieu of all other
<br />warranties whether oral or written. Only an authorized officer of KCC may make modifications to
<br />this warranty or additional warranties binding KCC, and any such modifications or additional war-
<br />ranties must be in writing and must be approved by you. Approval shall not be unreasonably with-
<br />held.
<br />
<br />3. Java™ Support. The software product may contain support for programs written in Java'M.
<br />Java™ technology is not fault tolerant and is not designed, manufactured or intended for
<br />use or resale as on-line control equipment in hazardous environments requiring fail-safe
<br />performance, such as in the operation of nuclear facilities, aircraft navigation or communi-
<br />cation systems, air traffic control, direct life support machines, or weapons systems, in
<br />which the failure of Java'M technology could lead directly to death, personal injury, or se-
<br />vere physical or environmental damage.(lndemnifications
<br />a) General. KCC shall indemnify, defend, to the extent not prohibited by law, and hold you harmless
<br />from any and all claims, demands, suits, actions, proceedings, loss, cost and reasonable attor-
<br />ney's fees and/or litigation expenses arising or alleged to have arisen out of any act, omission,
<br />professional error, fault, mistake or negligence of KCC, its employees, agents, representatives, or
<br />subcontractors, their employees, agents, or representatives in connection with or incidental to the
<br />performance of this License. KCC's obligation under this section shall not extend to any liability
<br />caused by your sole negligence or that of your employees.
<br />
<br />1. Defense ot Claims, Costs and Damages
<br />KCC will defend at its expense any action brought against the Customer to the extent that it is based on a
<br />claim that the Software, used within the scope of this license, infringes upon a United States patent or cop-
<br />yright, KCC will pay any costs and damages finally awarded in such suit or proceeding against the Cus-
<br />tomer which are attributable to such claim; provided, prompt notice is given to KCC and KCC is allowed full
<br />control of the settlement of any such claim, and Customer provides all reasonable assistance at no cost to
<br />FAAC.
<br />2. Infringement
<br />Should the Software become, or in KCC's opinion be likely to become, the subject of a claim of infringe-
<br />ment of a copyright or patent, KCC may at its option (i) procure for the Customer the right to continue us-
<br />ing the Software, (ii) replace or modify the Software to make it non-infringing while providing the same
<br />functionality, or (i1i) if the right to continue cannot be reasonably procured or the Software cannot be rea-
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