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care. Upon termination of the Agreement or the Software license granted herein for any <br />reason, Customer shall return to BNY any and all copies of the Information which are in <br />its possession or under its control. <br />4. Modifications. BNY reserves the right to modify the Software from time <br />to time and Customer shall install new releases of the Software as BNY may direct. <br />Customer agrees not to modify or attempt to modify the Software without BNY's prior <br />written consent. Customer acknowledges that any modifications to the Software, whether <br />by Customer or BNY and whether with or without BNY's consent, shall become the <br />property of BNY. <br />5. NO REPRESENTATIONS OR WARRANTIES. BNY AND ITS <br />MANUFACTURERS AND SUPPLIERS MAKE NO WARRANTIES OR <br />REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, SERVICES OR ANY <br />DATABASE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT <br />NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br />PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT THE <br />SOFTWARE, SERVICES AND ANY DATABASE ARE PROVIDED "AS IS." IN NO <br />EVENT SHALL BNY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, <br />WHETHER DIRECT, INDIRECT SPECIAL, OR CONSEQUENTIAL, WHICH <br />CUSTOMER MAY INCUR IN CONNECTION WITH THE SOFTWARE, SERVICES <br />OR ANY DATABASE, EVEN IF BNY OR SUCH SUPPLIER HAS BEEN ADVISED <br />OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BNY OR <br />ANY SUPPLIER BE LIABLE FOR ACTS OF GOD, MACHINE OR COMPUTER <br />BREAKDOWN OR MALFUNCTION, INTERRUPTION OR MALFUNCTION OF <br />COMMUNICATION FACILITIES, LABOR DIFFICULTIES OR ANY OTHER <br />SIMILAR OR DISSIMILAR CAUSE BEYOND THEIR REASONABLE CONTROL. <br />6. Security: Reliance: Unauthorized Use. Customer will cause all persons <br />utilizing the Software and System to treat all applicable user and authorization codes, <br />passwords and authentication keys with the highest degree of care and confidentiality. <br />BNY is hereby irrevocably authorized to comply with and rely upon Instructions received <br />by it through the System. Customer acknowledges that it is its sole responsibility to <br />assure that only Authorized Persons use the System and that BNY shall not be <br />responsible or liable for any unauthorized use thereof or for any losses sustained by <br />Customer arising from on in connection with the use of the system or BNY's reliance <br />upon and compliance with Instructions received through the system. <br />7. Svstem Acknowledgments. BNY shall acknowledge through the System <br />its receipt of each transmission communicated through the System, and in the absence of <br />such acknowledgment BNY shall not be liable for any failure to act in accordance with <br />such transmission and Customer may not claim that such transmission was received by <br />BNY. <br />8. EXPORT RESTRICTIONS. EXPORT OF THE SOFTWARE IS <br />PROHIBITED BY UNITED STATES LAW. CUSTOMER MAY NOT