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© E2G2 <br />Certified <br />�o�ai co,.e.00 <br />(vi) E2G2 shall not use personal (third party) computer hard drives or portable an <br />d /or <br />removable data storage equipment or media to store business license data unless the data stored <br />on such media is encrypted. When no longer needed, data shall be securely and effectively <br />erased and /or destroyed; <br />(vii) E2G2 shall ensure data security when disposing of any data or record obtained by Licensee <br />or Customer. E2G2 shall use commercially reasonable efforts to comply with all Federal and <br />California regulations regarding the security of consumer / financial information; and <br />(ix) In the event of any breach or threatened breach of any of E2G2's obligations hereunder, <br />E2G2 agrees that money damages will not compensate and Licensee is entitled to specific <br />performance and injunctive relief. <br />4. Warranties. <br />(a) General Disclaimer. Software is prerelease code and is not at the level of performance or <br />compatibility of a final, generally available product offering. Software may not operate correctly <br />and may be substantially modified (based on Licensee's input and input from other Licensees as <br />well) prior to first commercial shipment, or withdrawn. Software is provided "AS IS" without <br />warranty of any kind. Except as otherwise provided for herein and except for the gross <br />negligence or willful misconduct of E2G2, Licensee agrees and acknowledges that it shall have <br />no claim for any damages against E2G2 arising out of the use or performance of Software. <br />Except as otherwise provided for herein, in no event shall E2G2 be liable for any damages <br />whatsoever arising out of the use of or inability to use Software, even if E2G2 has been advised <br />of the possibility of such damages. <br />(b) Virus Protection Warranty. E2G2 hereby warrants and represents that, any time the <br />Software or any maintenance releases are delivered to Licensee, whether delivered via electronic <br />media or the Internet, no portion of the Software, or the media upon which it is stored or <br />delivered, will contain any computer programming code that damages or otherwise improperly <br />affects data files or hardware without the knowledge or consent of the user, including but not <br />limited to self - replicating and self - propagating program instructions commonly referred to as <br />"viruses" or "worms" to the extent such viruses or worms are detectable by commercially <br />available detection software. E2G2 warrants that the Software shall be free from any back door, <br />time bomb, drop dead - devise, or other software routing designed to disable a computer program <br />automatically with the passage of time or under the positive control of persons other than the <br />Licensee's personnel. <br />(c) Support Services Warranty. E2G2 hereby warrants and represents that each of its <br />employees, independent contractors or agents assigned to perform any services or provide any <br />technical assistance in configuration, development and implementation, training, use and related <br />services in the use of the Software shall have the skill, training, and background reasonably <br />commensurate with the level of performance or responsibility required, so as to be able to <br />perform in a competent and professional manner. <br />