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40 <br />40 <br />C7 <br />s <br />5.5 Injunctive Relief. Licensee recognizes and acknowledges that any use or disclosure of the <br />Licensed Program or Licensed Documentation by Licensee in a manner inconsistent with the provisions of <br />this Agreement may cause Licensor irreparable damage for which remedies other than injunctive relief may <br />be inadequate, anu Licensee agrees thai in any request to a court of competent jurisdiction by Licensor for <br />injunctive or other equitable relief seeking to restrain such use or disclosure, Licensee will not urge that such <br />remedy is not appropriate under the circumstances. <br />5.6 Technical Protections. Licensor may from time to time prescribe password protection as an <br />additional security measure for the Licensed Program, and Licensee shall cooperate with Licensor in <br />connection therewith. <br />5.7 Security Audit. Licensor shall have the right to make visits to the Licensee's computer <br />facilities to review security measures respecting the Licensed Program and Licensed Documentation, and, if <br />deficiencies are identified by Licensor, Licensee shall implement such additional security practices as are <br />reasonably necessary to adequately ensure the security of the Licensed Program and Licensed <br />Documentation. <br />5.8 Survival of Terms. The provisions of this Section 5 shall survive termination of this <br />Agreement for any reason. <br />5.9 Public Records Act. The provisions of Section 5 are subject to the Florida Public <br />Records Act and other laws, and Licensee's obligations hereunder must be in compliance with the <br />law, and Licensee shall not be in breach of this agreement by such compliance. <br />Section 6 <br />Limited Warranty, Limitation of Liability, and Indemnity <br />6.1 Limited Warranty Against Infringement. Licensor warrants that the Licensed Program <br />and Licensed Documentation as delivered to Licensee do not infringe any third -party rights in patent, <br />copyright, or trade secret in the United States. <br />6.2 Limited Warranty of Conformity. Licensor warrants, for the benefit only of Licensee, that <br />for a period of one year after delivery to Licensee of the Licensed Program, the Licensed Program shall <br />conform in all material respects to the Specifications (except for modifications made by Licensee or by <br />Licensor at the request of Licensee). Licensor assumes no responsibility for obsolescence of the Licensed <br />Program. <br />6.3 Exclusive Remedy. As the exclusive remedy of License for any nonconformity or defect <br />constituting an Error in the Licensed Program for which Licensor is responsible, Licensor shall use <br />commercially reasonable efforts to provide Maintenance Modifications with respect to such. Error, <br />However, Licensor shall not be obligated to correct, cure, or otherwise remedy any Error in the Licensed <br />Program resulting from any (1) modification of the Licensed Program by Licensee, (2) misuse or damage of <br />the Licensed Program other than by personnel of Licensor, or (3) failure of Licensee to notify Licensor of the <br />existence and nature of such nonconformity or defect promptly upon its discovery. <br />6.4 Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, LICENSOR <br />MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OR RELATING <br />TO THE LICENSER PROGRAM OR LICENSED DOCI.)MENTATION OR TO ANY OTHER <br />MATE,,RIALS FURNISHED Oil PROVTDE;T) TO LICFNSFE HLREUNDE;R, I,iCFN4i}It <br />