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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 I5 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 IT HAS BEEN APPRISED OF THE LIKELIHOOD OF THOSE DAMAGES. IN NO EVENT WILL ePR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY AGENCY TO ePR DURING THE TERM. li. Hardware And Service Reauirements. 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 Internet Explorer b (or higher) and Netscape Navigator 6 (or higher). 12. Pe~ormance. The operation and availability of the systems used for accessing and interacting with the Services, including, the public telephone, computer netwvorks and the Internet or to transmit information, whether or not supplied by Agency or ePR, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the Services. ePR is not responsible far that interference or prevention of access or use. 13. i ell (a) Governing Law. This Agreement is made under and will be governed by, and construed in accordance with, the laws of the State of California, 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. ePoliceReport, LLC • tel 877.Ir4.COPS • fax 408.528.8226 • vrww.epollcereport.mm 5b55 Silver Creek Valley Road, San Jose, California 95138-2473