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F <br />40 <br />Seller warrants that the Covered Products by themselves will be "Year 2000 Ready", which shall be described as the ability <br />to correctly process date data as defined in Rules i through 4 below (and subject to the terms and conditions ofthis <br />Agreement as to Vendor Products, Excluded Products and olltcr matters outside Seller's control, such as the failure of third <br />party operating system soRware platforms, including DOS and PDP based products, to be upgraded to Year 2000 Readiness <br />by those third parties): <br />Rule l: No value for current date twill cause any material interruption in the normal and customary operation of the Covered <br />Products by themselves. <br />Rule 2: The date based functionality of the Covered Products by themselves will behave consistently in material respects for <br />dates prior to, during and atter the Year 2000. <br />Rule 3: In all Covered Products interfaces and data storages, the century in any date wiil be specified either explicitly or by <br />unambiguous algorithms or inferencing rules; and <br />Rule 4: The Year 2000 will be recognized by the Covered Product Soltware as a leap year. <br />None of these Rules 1.4 or any other provision of this Agreement shall be deemed to warrant or imply that compliance with <br />Rules 1-4 by Covered Products themselves will enable the Subscriber's Systenn itself to function as expected or to be Year <br />2000 Ready. With respect to the Vendor Products, Seller gives no Year 2000 Readiness warranty but Seller will pass <br />through the Year 2000 Readiness warranty, if any, that it receives from the vendors. Subscriber acknowledges its exclusive <br />responsibility to assure the Year 2000 Readiness and perfornance of Subscriber"s System, including Subscriber assuring the <br />compliance of Vendor Products and Excluded Products with Rules 1-4. Wherc third party vendors have not provided Year <br />2000 Readiness solutions for their products (such as DOS and PAP based operating system soRware platforms), it shall be <br />Subscriber's exclusive responsibility to acquire alternative product solutions, which may also require interactive solutions for <br />other components, as, for example, where acquiring upgraded soRware may require greater capacity hardware to operate <br />such upgraded software. Subscriber represents and warrants that it has consulted and complied with the advice of <br />Subscriber's own Year 2000 readiness expert ("Subscriber's Y2K Expert") and other advisors of Subscriber (and has not <br />relied on Seller) as to avoiding disruption of performance or Covered Products caused by Vendor Products, Excluded <br />Products or other causes beyond Seller's control. <br />THIS WARRANTY SIIAL.L BE CONDITIONAL UPON: (i) SUBSCRIBE, R COMPLYING WITEI THE <br />RECOMMENDATIONS OF SUBSCRIBER'S Y2K EXPERT AND OTHER EXPERTS ADDRESSING THE YEAR 2000 <br />READINESS OF THE VENDOR PRODUCTS, EXCLUDED PRODUCTS AND OTHER SUPPORTING OR <br />INTEGRATED PROPERTY OR SYSTEMS OUTSIDE THE SCOPE OI' SELLER'S DEFINED RESPONSIBILITIES, <br />AND (ii) SUBSCRIBER IMPLEMENTING RECOMMENDED OR SUGGESTED 14ARDWARE AND/OR SOFTWARE <br />UPGRADE PACKAGES AND/OR CORRECTIONS SUPPLIED OR RECOMMENDED OR SUGGESTED IN WRITING <br />BY SELLER AND WHICH UPGRADE PACKAGES AND/OR CORRECTIONS WILL PROVIDETHE FUNCTIONAL <br />ABILITY FOR TI It"a COVERED PRODUCTS TO COMPLY WIT/ I TI IE FOUR RULES OF THE YEAR 2000 <br />READINESS DEFINITION SET FFORTI I ABOVE; AND (iii) ALL HARDWARE AND SOFTWARE USED WITI l TI II: <br />COVERED PRODUCTS MUST PROPERLY PROCESS DATE DATATO ALSO COMPLY WIT[I THE: FOUR RULES <br />OF TITS YEAR 2000 READINESS DEFINITION STET" FORTI l ABOVE. <br />THIS YEAR 2000 READINESS WARRANTY SHALL NOT COVER YEAR 2000 ERRORS OR PROBLEMS OF ANY <br />KIND CAUSED BY ANY HARDWARE OR SOH'WARE OF ANY PRODUCTS OTHER THAN THE COVERED <br />PRODUDCTS, INCLUDING ANY VENDOR PRODUCTS OR EXCLUDED PRODUCTS OR ANY SERVICES <br />SEPARATELY PROCURED BY SI.113SCRIBER, WI ACEI SUBSCRIBER ACKNOWLEDGES COULD 13E IMPAIRED IN <br />ITS EXPECTED FUNCTIONS BECAl1Sl; OF VENDOR PRODUCTS, EXCLUDED PRODUCTS OR OTIIER FACTORS <br />FOR WHICH SELLER IS NOT RESPONSIBLE (IiVL:N W11FRE THE COVERED PRODUCT'S COMPLY WI'I H T"1IIS <br />WARRANTY). <br />