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• 01111111 B, Provided Subscriber is then in full compliance with all of its obligations, Subscriber's EDACS FX enrollment shall be automatically renewed at the end of the first- year tern for a second year's term and on a succeeding yearly basis thereafter unless either party notifies the other in writing, at least ninety (90) days prior to the end of the yearly period then in effect, that the EDACS FX subscription shall not be rcncwved or Subscriber is in default on any outstanding obligation owing to Seller. C. Subscriber may terminate this Agreement at any time by wriuen notice to Seller of such termination in which case the services described in Sections 3.A. and 3.C. of this Agreement shall be discontinued and this Agreement shall terminate. D. Seller shall have the right to suspend or terTninate this Agreement upon thirty (30) days written notice (and future obligations of Seller are automatically suspended) if Subscriber fails to pay any charges hereunder due or if Subscriber commits any other breach of this Agreement or commits any breach of any applicable Software license agreement for any Licensed Program being supported under this Agreement, any contract between Subscriber and Seller or other obligation by Subscriber to Seiler or any of its affiliates. E. Seller shall have the right to discontinue providing EDACS FX services (including Updates) for any Licensed Program supported under this Agreement. Software Updates may be discontinued at any time at Seller's discretion. Other services shall not, however, be discontinued without 90 days prior written notification by Seller to Subscriber. Notwithstanding any other provision in this agreement, as Subscriber's sole and exclusive remedy Seller will provide a pro -rata refund of Subscriber's annual FDACS FX fee if Seller elects to discontinue providing E'DACS FX services for any Licensed Program previously supported under this program. F. Except as provided in Section 7 E above, under no circumstances (including any termination of ,this Agreement) shall any fecs paid pursuant to this Agreement be rcrimdable once paid by Subscriber since they are all earned in full at the time when they are required to be paid. SA. SOF1rWARF: WARRAN'T'Y Seller warrants, for a period of ninety (90) days from delivery of Subscriber's Software Update, that any Software furnished to Subscriber under this Agreement shall be capable of successfully operating on the designated hardware in accordance with the logic defmcd in the operator's manuals or other supporting documentation when the :Subscriber's system is supplied with correct input data. Ir, on the basis of evidence submitted to Seiler within the 90 clay terns of this warranty, it is shown that any Software does not meet this warranty, Seller will, at its option, either correct tine defect or error in the Software free of charge and provide a corrected Software Upgrade, or make available to Subscriber a satisfactory substitute program. Cxcept for ilia Year 2000 Readiness warranty set forth below, the foregoing warranty is exclusive and in Iicu orals other warranties. whether written, oral, implied or statutory. NO IMPLIED {lit STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PAR'T'ICULAR PURPOSE SHALT. APPLY, AL1.OF WHICH ARE WAIVED IN FULL. IN NO EVENT SHALL SELLER DE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXF,MPLARY DAMAGES, Oil FOR ANY LOST PROFIT'S OR REVENUES Olt OT'IIEIt INDIRECT ECONOMIC PREJUDICE, OR FOR ANY EQUITABLE RF:IMIHIRSEMFN7` OR RECOVERY, ALL OF WIIIC14 ARE HEREBY WAIVED IN FULL. $B, YEAR 2000 READINESS WARRANTY For purposes orthis Year 2000 headiness Warranty, products shall be dclincd and put into the following, categories: A. "Covered Products" shall mean collectively: (i) those products nnnmtl;ucturcd by Scller. and (Til those products branded with the Ericsson Trademark and which contain Software provided by Seller, till of which products are currently or were previously listed in the Seller Products and Services Catalog. R. "Vendor Products", hall mean products manufactured or provided by third party vendors, all of which producls are currently or wort previously listed in the Selle'r's Producls and Services Catalog. C. "Excluded Products" shall mean products that are not Covered products or Vendor Products including, hilt not limited to, components and services linking the Subscriber's syslern to oilier products and systems.