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CG4 shall have no support obligations under Maintenance with respect to (i) Product which has been modified by
<br />Licensee or on behalf of Licensee; (II) malfunctions caused by the use or operation of the Product with any hardware,
<br />software or media not authorized by CG4; (ill) malfunctions resulting from operator error or Incorrect ties of the Product;
<br />(Iv) malfunctions attributable to the equipment and programs used in conjunction with the Product or to any other reason
<br />external to the Product; (v) if any previous patches or error corrections of the Product have not been implemented by
<br />Licensee or the instructions of CG4 have not been followed; or (vl) any breach by Licensee of any of the terms and
<br />conditions of this Agreement. CG4 reserves the right to discontinue Maintenance services for the Product if CG4
<br />generally discontinues such servfcas to all licensees of the applicable Product. Notwithstanding the foregoing, CG4 shall
<br />provide sixty (60) days written notice to Licensee of its intent to terminate such services. CG4's obligation to provide
<br />Maintenance is dependent on the continued existence of the license to use the Product and if the license is terminated
<br />for any reason, CG4's obligations to provide Maintenance will cease automatically on th a occurrence of such event.
<br />LIMITED WARRANTY AND DISCLAIMER OF WARRANTY, CG4 hereby warrants, for a period of one (1) year from the
<br />commencement date of the license as set forth in the Product Schodule(s), that (I) the media on which the Product is
<br />furnished will be free from defects in materials and workmanship under normal use and (il) the Product will substantially
<br />conform in all material respects with the published Documentation delivered with the Product, subject to the support
<br />obligations under Maintenance provisions In the Immediately preceding paragraph (the "Limited Warranty"). CG4 does
<br />not warrant that the functions contained in the Product will meet requirements of Licensee; that the operation of the
<br />Product will be uninterrupted, timely, secure or error free; the results and data that may be obtained from use of the
<br />Product will be effective, accurate or reliable or may be effectively stored or recalled. This Limited Warranty is void if
<br />failure of the Product has resulted from accident, abuse, modification, or misapplication of the Product or other breach
<br />of this Agreement. If Licensee believes that there is a defect in the Product such that It does not meat the Limited
<br />Warranty, Licensee must notify CG4 In writing within the warranty period. In the event the Product fails to perform as
<br />stated In this Section, and upon written notice to CG4 within the warranty period, CG4 shall either (1) use Its reasonable
<br />commercial efforts to repair at Its facilities any material defect in the Product; or (2) replace the Product to comply with
<br />the published specifications. If, In CG4's sole discretion, CG4 is unable to correct the defect within a reasonable period
<br />or If in CG4's opinion neither option 1 nor 2 is commercially feasible for CG4, CG4 shall terminate this Agreement by
<br />notice to Licensee and shall refund Licensee the unused portion of the Maintenance fees whereupon Licensee shall
<br />remove the Product from all installed handheld computer devices, CPU Network Servers or any other computer storage
<br />devtce or medium on which Licensee has placed or permitted others to place the Product and the return of the Product,
<br />associated Documentation, and all copies thereof to C04. The foregoing states Licensee's sole remedy under the
<br />warranty in this Section. CG4 GRANTS NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, ORAL
<br />OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES (i) OF MERCHANTABILITY, (ii) OF
<br />FITNESS FOR A PARTICULAR PURPOSE, (ill) OF NON -INFRINGEMENT, OR (Iv) ARISING FROM USAGE OF
<br />TRADE OR COURSE OF DEALING OR PERFORMANCE.
<br />INDEMNIFICATION FOR INFRINGEMENT; CG4 will defend and hold harmless, at its own expense, any infringement
<br />claim, demand, suit or action by a third party against Licensee, its officers, directors, agents, employees, and affiliates
<br />for any actual or alleged Infringement or violation of any patent, copyright, trade secret, or other proprietary rights
<br />asserted by any third party in an action against Licensee attributable to Licensee's use of the Product ("Claim"). CG4
<br />shall further indemnify Licensee against any loss, cost, expense, liability, damages finally awarded (without right of
<br />appeal) against Licensee, or settlement as a consequence of such Claim. CG4's obligations of indemnity and defense
<br />are conditioned on (1) Licensee having provided prompt written notice of the Claim to CG4 sufficient for CG4 to file Its
<br />timely response; (it) CG4 having the sole right to conduct and control the defense and satternent of any such Claim, In
<br />Its discretton; (Ili) Licensee providing assistance at CG4`s expense In connection with such Claim as reasonably
<br />requested by CG4; and (Iv) Licensee making no admissions in respect of such Claim without CG4's prior written
<br />consent and Licensee's compliance with all reasonable instructions relating to the Claim given by C04. CG4 shall have
<br />no obllgatlon whatsoever under this Section for any Claim, demand, suit, or action based on (1) Licensee's use of the
<br />Product If Licensee refuses to use a modified or replacement product supplied or offered to be supplied by CG4; (ii) any
<br />modifications or disassembly or reverse engineering of the Product by or on behalf of Licensee (other than modifications
<br />by CG4), or (Ill) the unauthorized combination, operation or use of the Product by Licensee. In the event that an
<br />injunction or order is issued by a court of competent jurisdiction against Licensee's use of any Product resulting from an
<br />Infringement Claim to which CG4's defense and indemnity duties apply, or if In CG4's opinion any Product Is likely to
<br />become the subject of a Claim of infringement of a copyright, trade secret, or other proprietary right of a third party, CG4
<br />shall have the right, In its sole discretion and expense, to either procure for Licensee the right to continue evaluating the
<br />Product or replace or modify the Product so that it becomes non -infringing. This Section states Licensee's sole and
<br />©2916 C04 Solutions, I= Alt Riylua Rwrvffil 2' Ids doemnemU 11It0PbUhTARY ad C0'NMOURrl A4 aed mayaot be duph.tad,
<br />red604,wad, or displayed m nnythird party Without the expreseulwrklenpenauaunofC04.
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