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?s-r <br />be trained in the adtrunisnption of computer hardavare, operaiingsystem, networking, and database. <br />GST support staff avil! assist you in identifying systctn problems as a fwictian of maintenance <br />aupport_ However, if a problem is identified as a system administration responsibility, fiu-ther <br />assistance .from C3ST support staff is billed at our then current hourly rates and terms, <br />?'. ?VAI2RAIHTIF.S <br />(a) Limited 1Nnrranty for ervicos Any services being provided to the End User in accordance avith <br />the softavare maintenance program are offered on abest-efforts basis only,. C3ST may not be able to <br />resolve every service request made. Although GST will attempt to provide. same guidance and <br />du-ectioti, GST is not responsiblc_far resolvntg issues related to networks, .operating systems, back- <br />end databases or• hardavAre. It is the Fnd Uaer'a responsibility to keep adeclunte data backups. GST <br />avill noY'be responsible for any lostdata. <br />ALL OTHER WA n R A N'j;(L. S EX.PI2)CSS, IMPI:ITvD OR STATUTORY, INCLUDIl?1G ANY <br />WA Ru n nrrY OF MERCHANTABILITY OI2 FITIVl3:SS FOR PARTICULAR PURPOSE, ARI; <br />HEREBX I;XCLI:TDED, <br />VI. LIMITATION OF LIABILITY <br />The End User's sole and exclusive remedies for any damage or loss in any away. connected avith any <br />softavare or services furnished by C3ST, after acceptance of the GST soRavare system, avhefher by GST's <br />breach of avarranty, negligence, or .any other breach of any other duty, shall lie, st Y3ST option, <br />replacement of;hesoftavare or re-pet?'a?mance of services or return or credit. of an appropriate portion of <br />any payments made, or to be made, to GST with respect to such. softavare or services. Under no <br />circumstauces« shall t35T be liable to you ar iany other person for -any special, .incidental, indirect. ar <br />consequential damages of any tsharacter, including, avitltou; limitation, damages far loss of good avill, <br />avork stoppage, computer failure or malfunction, or any and sI] other commercial damages or losses, even <br />if GST has been advised of the possibility ofsuch potential loss or damaga- <br />VII.CHOICE OF LAal' <br />Interpretation of this .Agreement s1aa11 be governed by the laavs of the State of California. <br />VIII. STATUTI: C3F LI2?2LTATIONS <br />No action or claim relatiug to or arising out of the aoftavare annual maintenance program rrwy be <br />instigated more ban one (1) year after the event giving rise to such action or clai*?'- <br />Customer ne?nc