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4. Warranties and Indemn ficatinn <br />A. COMMSYS WARRANTS THAT THE LICENSED PROGRAM MATERIALS <br />WILL REASONABLY CONFORM TO THE SPECIFICATIONS SET FORTH <br />IN THE CLIPSTM PRODUCT DESCRIPTIONS, COMMSYS DISCLAIMS <br />ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT <br />LIMITED TO ANY WARRANTIES Or MERCHANTABILITY OR FITNESS <br />FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING <br />FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, 1N NO <br />EVENT SHALL COMMSYS 8E LIABLE FOR ANY LOST REVENUES OR <br />PROFITS, OR OTHER SPECIAL, INDIRECT AND CONSEQUENTIAL <br />DAMAGES, EVEN IF COMMSYS HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES, FURTHERMORE, IT IS AGREED <br />THAT COIMMSYS'S LIABILITY HEREUNDER SHALL IN NO EVENT <br />EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY <br />CUSTOMER TO COMMSYS, <br />S. CommSys shall not he liable for any expense, lass or damages Incurred by <br />Customer, whether Internal to Customer or paid by Customer to any third <br />party, and Customer hereby agrees to protect, indemnify save and hold <br />CommSys harmless from and against all liability, awards, judgments, <br />decrees and settlements effected of whatever nature for any and all bodily <br />Injury (including death) and/or property casualty damage arising out of a <br />failure of the Licensed Program Materials to function or due to any <br />malfunction of the Licensed Program Materials, or Its obligations under this <br />Agreement, and shall defend any such claim and pay all reasonable and <br />necessary costs and expense of the defense thereof, <br />5. Infringement <br />A, CommSys agrees to promptly investigate and defend, at its awn expense, <br />any claim asserted against Customer, for infringement, contributory, <br />Infringement, Inducement of Infringement, or unauthorized or unlawful use of <br />any patent, copyright, trademarl<, trade secret or other intellectual property <br />right resulting from the distribution, reproduction, reproduction, licensing, <br />marketing, use or other disposition of the Licensed Program Materials. <br />CommSys further agrees to indemnify and hold Customer harmless against <br />any loss, damage, or expense resulting from any such claim, including <br />satisfying any and all awards or judgments that may be rendered thereon, <br />CommSys warrants that there is no Current litigation, or prospective <br />litigation, of which CommSys has knowledge at the time of execution of this <br />Agreement, involving the Licensed Program Materials, <br />Th Is dcournont nontadns Information aonfldenflal to Cam,nays liacorparatotl <br />Palo 3 of 9 <br />