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Section 7 Warranties 7.1 By Customer. Customer warrants that it owns all right, title, and interest in and to, or has fill and sufficient right and authority to use in the manner contemplated by this Agreement, any programming, materials, or data furnished by Customer to Consultant in connection with Consultant's performance of the services called for by this Agreement. 7.2 By Consultant. Consultant warrants that: a. Consultant's performance of the services called for by this Agreement does not and shall not violate and applicable law, rule, or regulation; any contracts with third parties, or any third -party rights in any patent, trademark, copyright, trade secret, or similar right; and b. Consultant has sufficient right, title, and interest in and to the Software, exclusive of rights respecting programs, data, and materials identified as furnished to Customer by Third -party vendors, to grant and convey the rights accorded to Customer under Section 4 hereto. 7.3 Conformity of Software. Consultant warrants that, commencing upon installation of the Software and for a period of six months thereafter, the Software shall operate in substantial conformity with the specifications published by Consultant with respect thereto. If, on the basis of evidence submitted to Consultant during such period, it is shown that the Software is nonconforming, then, as the sole and exclusive remedy of the customer, Consultant shall, at its option, either correct the nonconformity or return all payments made to Consultant within the prior twelve months for such nonconforming software. If it is ultimately determined that no such nonconformity exists, or that the nonconformity is owing to actions of Customer or third -party vendors, Customer shall compensate Consultant for its services at Consultant's estRhl_ished rates. EXCEPT AS SET FORTH IN THIS SECTION 7, CONSULTANT MA;;E S NO REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Section 8 Limitation of Liability 8.1 No Conseauential Damages, etc, in no event shall Consultant be liable to Customer for any incidental, indirect, or consequential damages or lost revenues/profits of Customer. 8.2 Loss of Data. In no event shall Consultant be liable for loss of data or records of Customer, it being understood that Customer shall be responsible for assuring proper and adequate backup and storage procedures. Section 9 Miscellaneous 9.1 Governing Law. This agreement shall be'governed and constmed in all respects in