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E LV _ V ._." _. ----- ItstheKey" -- PARTICULAR PURPOSE. THE END USER ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE USER (NOT PEN -LINK) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. PEN -LINK does not warrant that the functions contained in the SOFTWARE will meet the USER's requirements or that the operation of the SOFTWARE will be uninterrupted or error free. PEN -LINK warrants the media on which the SOFTWARE is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the USER, as evidenced by a copy of the USER's purchase order. 8. LIMITATIONS OF REMEDIES: PEN- LINK's entire liability and the USER's exclusive remedy shall be the replacement of any distribution media not meeting PEN -LINK LIMITED WARRANTY as stated above that are returned to PEN- LINK„ at the address shown below, with a copy of the USER's purchase order: Pen -Link, Ltd. 5944 VanDervoort Drive Lincoln, NE 68516 IN NO EVENT WILL PEN -LINK BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PEN -LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 7. SUBSCRIPTION BASED SOFTWARE PROVISION: If USER acquires SOFTWARE on a limited -time, subscription -based license ( "SUBSCRIPTION LICENSE "), the SOFTWARE is only functional to the USER during the effective period of performance as outlined in the SUBSCRIPTION LICENSE purchase agreement (e.g., a quote, a purchase order, an invoice or other purchasing document between the USER and PEN -LINK that outlines a period of performance, collectively "SUBSCRIPTION PURCHASE AGREEMENT ") provided to the USER upon purchase of the SUBSCRIPTION LICENSE. At the end of the period of performance as defined in the SUBSCRIPTION PURCHASE AGREEMENT, the SUBSCRIPTION LICENSE will expire and the SOFTWARE shall cease to function until USER renews the SUBSCRIPTION LICENSE. PEN -LINK is not responsible for notifying USER of any pending SUBSCRIPTION LICENSE expiration. USER must contact PEN -LINK to renew SUBSCRIPTION LICENSE before expiration to avoid an interruption in SOFTWARE functionality. 8. SOFTWARE MAINTENANCE AND SUPPORT PROVISION: USER may acquire under a separate agreement ( "MAINTENANCE AND SUPPORT AGREEMENT "), software maintenance and support services (collectively, "MAINTENANCE AND SUPPORT ") from PEN -LINK pursuant to the then applicable PEN -LINK Maintenance and Support Terms and Conditions (MAINTENANCE AND SUPPORT PROVISIONS) and the then list price in effect at the time the MAINTENANCE AND SUPPORT AGREEMENT is executed. The MAINTENANCE AND SUPPORT PROVISIONS can be provided to the USER upon request to PEN-LINK. 9, SERVICES PROVISION: USER may acquire under a separate agreement ( "SERVICES AGREEMENT "), education, installation, implementation, configuration, professional or consulting services (collectively, "SERVICES ") from PEN -LINK pursuant to the then applicable SERVICES policies and the then list price in effect at the time the SERVICES AGREEMENT is executed. The SERVICES to be performed are outlined in the SERVICES purchase agreement (e.g., a quote, a purchase order, an invoice or other purchasing document between the USER and PEN -LINK that outlines the SERVICES purchased, collectively "SERVICES PURCHASE AGREEMENT "). 10. GOVERNING LAW: 5944 VanDervoort Drive I Lincoln, NE 68516 1 402.421.8857 I Fax 402429.9287 I ponlink.com Copyright ©1997, 2016, Fen•Llnk, . Ltd. 20B -21