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its authorized agent, associate or contractor performs the Software installation, or on the first day of the
<br />month after the Software is shipped, if ESi or its authorized agent, associate or contractor ships the
<br />Software to the Licensee. ESi warrants that the Module will perform in accordance with the
<br />accompanying Documentation for a period of ninety (90) days from the first day of the month following
<br />installation, if ESi or its authorized agent, associate or contractor performs the Software installation, or on
<br />the first day of the month after the Software is shipped, if ESi or its authorized agent, associate or
<br />contractor ships the Software to the Licensee.
<br />(b) If programming errors or defects do occur during this period and ESi is promptly notified in writing
<br />of the nature of the error, ESi will correct the error without charge.
<br />(c) ESi's entire liability and Licensee's exclusive remedy shall be, at ESi's option, either (a) correction of
<br />the error or (b) return of the license fee. This limited warranty does not cover errors attributable to
<br />accident, abuse or misapplication, alteration, operation outside the parameters specified in this Agreement
<br />or the Documentation, failure to install Updates provided during the warranty period, installation, training
<br />or programming provided by an anyone other than ESi or an ESi-certified technician, or other breach of
<br />this Agreement by Licensee.
<br />(d) ESi DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT
<br />NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
<br />PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND/OR ACCOMPANYING
<br />DOCUMENTATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ESi
<br />OR ANY OF ITS AGENTS, EMPLOYEES OR CONTRACTORS SHALL CREATE A WARRANTY,
<br />AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. ESi
<br />EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL OPERATE
<br />UNINTERRUPTED OR FREE OF ERRORS.
<br />(e) The Software is an information management application. The software is not fault-tolerant and is not
<br />designed, manufactured, or intended for use or resale' in hazardous environments that require fail-safe
<br />performance such as in the operation of nuclear facilities, aircraft navigation or communications systems,
<br />air traffic control, emergency response, terrorism prevention or response, life support or weapons systems
<br />(collectively "High Risk Activities"), the failure of which could lead to death, personal injury, or severe
<br />physical or environmental damage. ESi EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS
<br />FOR HIGH RISK ACTIVITIES.
<br />(f) To the extent permitted by law, Licensee agrees to indemnify, defend and hold ESi, its officers,
<br />directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against
<br />any and all liability, losses, claims, expenses (including attorneys fees), demands or damages of any kind,
<br />including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in
<br />connection with the Licensee's use of the Software for High Risk Activities.
<br />15 Limited Liability.
<br />EXCEPT WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 17 OF THIS AGREEMENT,
<br />ESi AND ITS LICENSORS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS
<br />AGREEMENT OR THE SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF
<br />ALL SUMS PAID OR PAYABLE TO ESi FOR THE LICENSE. ESi AND ITS LICENSORS SHALL
<br />NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL
<br />(INCLUDING LOST PROFITS OR REVENUE, LOST SOFTWARE, LOSS OF DATA, COSTS OF
<br />RECREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE SOFTWARE OR
<br />EQUIPMENT), INDIRECT OR PUNITIVE DAMAGES EVEN IF ESi HAS BEEN ADVISED OF THE
<br />Rev 01/13/2014
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