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EXPECTATIONS; THAT THE USE OF TRAINING MATERIALS WILL BE UNINTERRUPTED; OR THAT ALL
<br />NONCONFORMITIES, DEFECTS, OR ERRORS CAN OR WILL BE CORRECTED. THE TRAINING DATABASE HAS
<br />BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS,
<br />AND THE OPINIONS BASED THEREON, ARE NOT GUARANTEED. THE TRAINING DATABASE MAY CONTAIN
<br />SOME NONCONFORMITIES, DEFECTS, ERRORS, AND /OR OMISSIONS. ESRI AND ITS LICENSOR(S) DO NOT
<br />WARRANT THAT THE TRAINING DATABASE WILL MEET CLIENT'S NEEDS OR EXPECTATIONS, THAT THE
<br />USE OF THE TRAINING DATABASE WILL BE UNINTERRUPTED, OR THAT ALL NONCONFORMITIES CAN OR
<br />WILL BE CORRECTED. ESRI AND ITS LICENSOR(S) ARE NOT INVITING RELIANCE ON THIS TRAINING
<br />DATABASE, AND CLIENT OR STUDENT SHOULD ALWAYS VERIFY ACTUAL DATA, WHETHER MAP,
<br />SPATIAL, RASTER, TABULAR INFORMATION, AND SO FORTH. THE DATA CONTAINED IN THIS PACKAGE IS
<br />SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION TO AND WITHOUT LIMITING THE PRECEDING
<br />PARAGRAPH, ESRI DOES NOT WARRANT IN ANY WAY TRAINING DATA. TRAINING DATA MAY NOT BE
<br />FREE OF NONCONFORMITIES, DEFECTS, ERRORS, OR OMISSIONS; BE AVAILABLE WITHOUT
<br />INTERRUPTION; BE CORRECTED IF ERRORS ARE DISCOVERED; OR MEET CLIENT'S NEEDS OR
<br />EXPECTATIONS. NEITHER CLIENT NOR STUDENT SHOULD RELY ON ANY TRAINING DATA UNLESS
<br />CLIENT HAS VERIFIED TRAINING DATA AGAINST ACTUAL DATA FROM DOCUMENTS OF RECORD, FIELD
<br />MEASUREMENT, OR OBSERVATION.
<br />12.3 Exclusive Remedy. Client's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in
<br />this Article 12 shall be limited, at Esri's sole discretion, to (i) replacement of any defective Training Materials; (ii) repair,
<br />correction, or a workaround for Training Materials, or (iii) return of the fees paid by Client for Training Material that do not
<br />meet Esri's limited warranty, provided that Client uninstalls, removes, and destroys all copies of the Training Materials; and
<br />executes and delivers evidence of such actions to Esri.
<br />0fts[1L110930 toI1141FIP►[ 13 04K11t31Kfo &W.11130Wa(11FURIMAAlwOLY[7714
<br />13.1 EXCEPT FOR INDEMNITY ASSOCIATED WITH CLIENT SITE TRAINING, IN NO EVENT SHALL ESRI BE
<br />LIABLE TO CLIENT FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR TRAINING; LOST PROFITS;
<br />LOST SALES; BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY
<br />GOODWILL; OR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
<br />ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF
<br />LIABILITY, EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESRPS TOTAL
<br />CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, SHALL IN NO EVENT
<br />EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT FOR THE PORTION OF THE TRAINING UNDER THIS
<br />AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
<br />PURPOSE OF ANY LIMITED REMEDY.
<br />ARTICLE 14— EXPORT CONTROL REGULATIONS
<br />14.1 Client must comply with all applicable laws and regulations of the United States including, without limitation, its export
<br />control laws. Client expressly acknowledges and agrees not to export, reexport, transfer, or release Esri provided Training
<br />Materials, in whole or in part, to (i) any US embargoed country (including to a resident of any US embargoed country);
<br />(ii) any person or entity on the US Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on
<br />the US Commerce Department's Lists of Parties of Concern; or (iv) any person or entity where such export, reexport, or
<br />provision violates any US export control laws or regulations including, but not limited to, the terms of any export license or
<br />licensing provision and any amendments and supplemental additions to US export taws.
<br />ARTICLE I5 —TAXES
<br />15.1 Training provided is quoted exclusive of all state, local, value- added, or other taxes; customs; or duties or other charges
<br />(other than income taxes payable by Esri). lathe event such taxes or charges become applicable to Esri's training or
<br />deliverables, Client shall pay any such applicable tax upon receipt of written notice that such taxes or charges are due.
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