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ARTICLE 6— LIMITED WARRANTIES AND DISCLAIMERS
<br />6.1 Limited Warranties. Except as otherwise provided in this Article 6, Esri warrants for a period of ninety (90) days from
<br />the date Esri issues the Authorization Code enabling use of Software and Online Services that (i) the unmodified Software
<br />and Online Services will substantially conform to the published Documentation tinder normal use and service and (ii) media
<br />on which Software is provided will be free from defects in materials and workmanship.
<br />6.2 Special Disclaimer. CONTENT, DATA, SAMPLES, HOT FIXES, PATCHES, UPDATES, ONLINE SERVICES
<br />PROVIDED ON A NO -FEE BASIS, AND EVALUATION AND BETA SOFTWARE ARE DELIVERED "AS IS"
<br />WITHOUT WARRANTY OF ANY KIND.
<br />6.3 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A
<br />NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS NOT A SECURE
<br />INFRASTRUCTURE, (ii) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (iii) NONE OF THE
<br />PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE
<br />PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE
<br />REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF ONLINE
<br />SERVICES.
<br />6.4 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL
<br />OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
<br />NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
<br />RIGHTS. ESRI DOES NOT WARRANT THAT PRODUCTS WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S
<br />OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT - TOLERANT, OR FAIL -SAFE; OR
<br />THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCTS ARE NOT DESIGNED,
<br />MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO
<br />DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY /ENVIRONMENTAL DAMAGE. LICENSEE SHOULD
<br />NOT FOLLOW ANY ROUTE SUGGESTIONS THAT APPEAR TO BE HAZARDOUS, UNSAFE, OR ILLEGAL. ANY
<br />SUCH USES SHALL BE AT LICENSEE'S OWN RISK AND COST.
<br />6.5 Exclusive Remedy. Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in
<br />this Article 6 shall be limited, at Fari's sole discretion, to (ii) replacement of any defective media; (ii) repair, correction, or a
<br />workaround for Software or Online Services subject to the Esri Maintenance Program or Licensee's authorized distributor's
<br />maintenance program, as applicable; or (iii) return of the license fees paid by Licensee for Software or Online Services that
<br />do not meet Esri's limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of Software or
<br />Documentation; ceases using Online Services; and executes and delivers evidence of such actions to Esri or its authorized
<br />distributor.
<br />ARTICLE 7— LIMITATION OF LIABILITY
<br />7.1 Disclaimer of Certain Types of Liability. ESRI, ITS AUTHORIZED DISTRIBUTOR, AND ITS LICENSORS SHALL
<br />NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST
<br />PROFITS, LOST SALES, OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF
<br />ANY GOODWILL; OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
<br />OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS, HOWEVER CAUSED ON ANY
<br />THEORY OF LIABILITY, WHETHER OR NOT ESRI, ITS AUTHORIZED DISTRIBUTOR, OR ITS LICENSORS
<br />HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY
<br />NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
<br />7.2 General Limitation of Liability. EXCEPT AS PROVIDED IN ARTICLE 8— INFRINGEMENT INDEMNITY, THE
<br />TOTAL CUMULATIVE LIABILITY OF ESRI AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER, FROM ALL
<br />CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING
<br />NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE,
<br />SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE PRODUCTS THAT GIVE RISE TO THE
<br />CAUSE OF ACTION.
<br />E204 Page 4 of 7 04/26/2013
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