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agreed to in writing by the parries. If Xerox fails to correct the failure <br />within the stated timeframe, Customer may terminate the affected <br />portions of the Services, Maintenance Services, and/or related <br />Products. <br />ii. Equipment Warranty. Any Equipment warranty to which Customer is <br />entitled shall commence upon the Date of Installation. Use by Customer <br />of consumables not approved by Xerox that affect the performance of the <br />Equipment may invalidate any applicable warranty. <br />iii. Third Party Product Warrant. Where Xerox in its sole discretion selects <br />and supplies Third Party Products, Xerox warrants they will operate <br />substantially in conformance with applicable SLAB or other requirements <br />in the Order. Customer's sole remedy for breach of this warranty is to return <br />the Third Party Product to Xerox and then receive a refund of any fees paid <br />for such non -conforming Third Party Product, less a reasonable usage fee. <br />If Customer requests a specific Third Party Product, Xerox will pass- <br />through as permitted any third party warranties. <br />iv. Exclusions. Xerox shall not be responsible for any delay or failure to <br />perform the Services or provide Products, including meeting specifications <br />or achieving any associated SLAB and other activities in the applicable <br />Orders, to the extent that such delay or failure is caused by: <br />(a) the Customer's failure or delay in performing its responsibilities under <br />this Agreement or the respective Order, <br />(b) reasons outside Xerox's reasonable control, including Customer <br />Assets, Customer Content, or delays or failures by Customer's agents, <br />suppliers or providers of maintenance and repair services for Customer <br />Assets; or <br />(c) unauthorized modifications to Equipment, Third Party Hardware, <br />Existing Equipment or the Output of Services. <br />V. Disclaimer. <br />(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE <br />LAW, THE EXPRESS WARRANTIES SET FORTH IN THIS <br />AGREEMENT AND ANY ORDER HEREUNDER ARE IN LIEU OF <br />ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND <br />XEROX DISCLAIMS AND CUSTOMER WAIVES ALL OTHER <br />WARRANTIES INCLUDING ANY WARRANTY OF <br />MERCHANTABILITY, NON -INFRINGEMENT OR FITNESS FOR <br />A PARTICULAR PURPOSE. <br />(b) The warranties set forth in this Agreement and any Order hereunder are <br />expressly conditioned upon the use of the Services, Products and <br />Output of Services for their intended purposes in the systems <br />environment for which they were designed and shall not apply to any <br />Services, Products or Output of Services which have been subject to <br />misuse, accident, alteration or modification by the Customer or any <br />third party. <br />GEN 1.9 Intellectual Property Ownership <br />a. Customer Intellectual Property. Ownership of and title to all Customer <br />Intellectual Property will remain with Customer. Customer grants to Xerox a non- <br />exclusive, royalty -free, fully -paid up, worldwide license to use Customer <br />FL -University of So. Florida Master Agreement 12 11/24/201479 <br />