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(b) Failure of Customer to provide and maintain a suitable installation <br />environment; <br />EXCEPT AS PROVIDED ABOVE, THE PARTIES AGREE THAT ALL <br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE <br />EXCLUDED. <br />5. Limitation of Liability. Customer's sole remedy, and the sole liability of <br />COMPANY, for any breach by COMPANY shall be to repair or replace, at COMPANY' option, <br />any parts or Software media found to be defective, without charge to Customer for parts or labor, <br />provided that the COMPANY Equipment and Software media have been installed, maintained and <br />used in accordance with COMPANY requirements and have not been subject to abuse or tampering. <br />COMPANY agrees to be liable for personal injury caused solely by the negligence of its <br />contractors, agents and employees. <br />6. General <br />(a) This Agreement shall be governed by California Law. Venue shall be in <br />Orange County. <br />(b) The invalidity or illegality of any provision of this Agreement shall not <br />affect the validity of any other provision. The parties intend for the <br />remaining unaffected provisions to remain in full force and effect. <br />(c) Customer shall not assign this Agreement or the License to the Software <br />without the prior written consent of COMPANY and any purported <br />assignment, without such consent, shall be void. <br />(d) Neither party shall be liable for failures or delays in performance due to <br />causes beyond its reasonable control, including war, strikes, lockouts, fire, <br />flood, storm or other acts of God. Both parties agree to use their best <br />efforts to minimize the effects of such failures or delays. <br />(e) All notices given under this Agreement shall be in writing and sent <br />postage pre -paid, if to COMPANY, to the COMPANY address on the <br />front of the Agreement, or if to Customer, to the billing address on the <br />front of this Agreement. <br />(f) No action, regardless of form, may be brought by either party more than <br />one (1) year after the cause of action has arisen. <br />(g) This Agreement supersedes all prior or contemporaneous representations, <br />negotiations, or other communications between the parties relating to the <br />subject matter of this Agreement. This Agreement may be amended only <br />in writing signed by authorized representatives of both parties. <br />BENTLEYSELECTAGR <br />25C -4 <br />