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(GST <br />be trained in the administration of computer hardware, operating system, networking, and database. <br />GST support staff will assist you in identifying system problems as a function of maintenance <br />support. However, if a problem is identified as a system administration responsibility, further <br />assistance from GST support staff is billed at our then current hourly rates and terms. <br />V. WARRANTIES <br />(a) Limited Warranty for Set vices Any services being provided to the End User in accordance with <br />the software maintenance program are offered on a best-efforts basis only, GST may not be able to <br />resolve every service request made. Although GST will attempt to provide some guidance and <br />direction, GST is not responsible for resolving issues related to networks, operating systems, back- <br />end databases or hardware. It is the End User's responsibility to keep adequate data backups. GST <br />will not be responsible for any lost data. <br />ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY <br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE <br />HEREBY EXCLUDED. <br />VI. LIMITATION OF LIABILITY <br />The End User's sole and exclusive remedies for any damage or loss in any way connected with any <br />software or services furnished by GST, after acceptance of the GST software system, whether by GST's <br />breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, <br />replacement of the software or re -performance of service or return or credit of an appropriate portion of <br />any payments made, or to be made, to GST with respect to such software or services. Under no <br />circumstances shall GST be liable to you or any other person for any special, incidental, indirect or <br />consequential damages of any character, including, without limitation, damages for loss of good will, <br />work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even <br />if GST has been advised of the possibility of such potential loss or damage. <br />VII.CHOICE OF LAW <br />Interpretation of this Agreement shall be governed by the laws of the State of California. <br />VIII. STATUTE OF LIMITATIONS <br />No action or claim relating to or arising out of the software annual maintenance program may be <br />instituted more than one (1) year after the event giving rise to such action or claim. <br />Customer name <br />