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0 collectionHQ <br /> 19.1 Neither party excludes or limits liability to the other for death or personal injury caused <br /> by its negligence. <br /> 19.2 In no event shall either party be liable to the other for: (a) loss of use, profits, <br /> business, revenue or goodwill; (b) loss of data; (c) loss of savings (whether anticipated or <br /> otherwise); and/or (d) indirect, special, punitive, incidental, exemplary, or consequential <br /> loss or damages of any kind arising out of or relating to the Services provided under this <br /> Agreement even if such party has been advised of the possibility of such damages. <br /> 19.3 We warrant that: <br /> (a) we have the right to license all rights in and to the Software to you, and that the <br /> Software supplied by us under this Agreement does not infringe the U.S. <br /> intellectual property rights of any third party; and <br /> (b) at the Commencement Date, and for the duration of the Agreement, the Service <br /> will perform in substantial accordance with the User Guide as set out in the User <br /> Guide document. However, you accept that improvements and enhancements to <br /> the Service during the Subscription Period may significantly change the User <br /> Guide. The sole remedy for breach of the warranty under this clause 19.3(b) shall <br /> be correction of Defects by us within a reasonable time from notification by you <br /> of the Defect that constitutes such breach. For the purposes of this clause, a <br /> "Defect" is an error in the Software or website that causes the Service to fail to <br /> operate substantially in accordance with User Guide document. <br /> 19.4 The sole remedy for a breach of the warranty given in clause 19.3(a) is that we shall <br /> defend, hold harmless and indemnify you against all loss, damage, claims, liabilities, fees, <br /> costs and expenses arising out of any action brought against you based on a claim that <br /> the Service infringes any U.S. intellectual property right of any third party, provided that: <br /> (a) we shall be notified promptly in writing of any such claim; <br /> (b) you shall make no admission or settlement of such claim without our prior written <br /> consent; <br /> (c) we shall have sole control of the defense and any negotiations for compromise; <br /> (d) you shall provide, at our expense, such assistance as we reasonably require. <br /> 19.5 THE WARRANTIES IN CLAUSE 19.3 ARE IN LIEU OF ALL OTHER EXPRESS OR IMPLIED <br /> WARRANTIES OR CONDITIONS, AND WE MAKE NO OTHER WARRANTIES, EXPRESS OR <br />