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<br />In the event of any breach of this warranty, Seller shaiI, if notilicd in writing before the 11 of July 2000, at its option and
<br />without undue delay, replace or correct the hardware or soiiware of the affected Covered Products, at no expense to
<br />Subscriber, by providing Subscriber with an updated Covered Product sanware release or a Covered Product sonware
<br />correction, so that the Covered Products by Iltentsclves can comply with the four Rules ofthe Year 2000 Readiness dcl'inition
<br />set forth above. Ilowever, as explained above, lite Year 2000 Readiness of the Covered Products by thernseIves may not be
<br />sufficient for the Subscriber's System ilself io be Year 2000 Ready, because of Vcndor Products, Excluded Products or other
<br />Subscriber or third party property or matters beyond Seller's control or responsibility, and Subscriber shall assume full
<br />responsibility for the Year 2000 Readiness of Subscriber's System (apart from Covered Products) and all consequences of
<br />the lack of such Year 2000 Readiness.
<br />THIS YEAR 2000 READINESS WARRANTY CONSITITUTES THE ONLY WARRANTY AND OBLIGATION MADE
<br />BY SELLER WITH RESPECT TO YEAR 2000 READINESS OR THE ABILITY OF THE COVERED PRODUCTS TO
<br />HANDLE CONVERSION TO THE TWENTY FIRST CENTURY AND OTHER ASPECTS OF WHAT IS BROADLY
<br />DESCRIBED AS THE "YEAR 2000 PROBLEM" (WHICH DEFINITION INCLUDES CERTAIN SIMILAR SOFTWARE
<br />DATING PROBLEMS WHICH MAY ARISE BEFORE TILE YEAR 2000), AS SUBSCRIBER ACKNOWLEDGES IT
<br />HAS DISCUSSED WITH SUBSCRIBER'S Y2K EXPERT AND ADVISORS, THIS YEAR 2000 READINESS
<br />WARRANTY 1S IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN ANY MANNER
<br />RELATING'r0 THE ABILITY OF THE COVERED PRODUCTS TO HANDLE CONVERSION TO THE TWENTY
<br />FIRST CENTURY AND OTHER YEAR 2000 READINESS PROBLEMS, INCLUDING, BUT NOT LIMITED To,
<br />IMPLIED WARRANTIES OF MERCI IANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF
<br />WHICH EXPRESS OR IMPLIED WARRANTIES ARE WAIVED BY SUBSCRIBER,
<br />THE REMEDIES SET FORTI I ABOVE ARE TI 11; SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO
<br />SUBSCRIBER IN CASE OF A BREACH OF THIS YEAR 2000 READINESS WARRANTY. IN NO EVENT SHALL
<br />SELLER BE LIABLE TO SUBSCIZ113ER UNDER "THIS YEAR 2000 READINESS WARRANTY OR OTHERWISE FOR
<br />ANY INACCURACIES, DELAYS, INTERRUPTIONS OR ERRORS AS A RESULT OF: (i) TIME COVERED
<br />PRODUCTS RECEIVING DATE DATA FROM ANY VENDOR PRODUCTS, EXCLUDED PRODUCTS OR OTHER
<br />PRODUCTS, SOFTWARE OR SYSTEMS IN A FORMAT TI IAT IS NOT YEAR 2000 READY OR IS OT) IERWISE
<br />INCONSISTENT WITH THE FORMAT AND PROTOCOLS ESTARI.ISI IGD FOR TI IE COVERED PRODUCTS OR
<br />FOR YEAR 2000 READINESS, OR (ii) ANY ADDITION, EXTENSION, CHANGE, MODIFICATION, UPDATE OR
<br />ENIIANCEMEN'r MADE OR A'11`EaMPTED TO BE MADE'ro THE COVERED PRODUCTS BY PARTIES OTHER
<br />THAN SELLER Olt MADE TO SUBSCRIBER'S SYSTEM APARTFROM TI IE COVERED PRODUCTS.
<br />IN NO EVENT SHALL SELLER BE LIABLE `r0 SUBSCRIBER FOR ANY LOSS OP PRODUCTION, LOSS OF USE,
<br />I.OSS OF BUSINESS, LOSS OF DATA, PROFIT OR REVENUE OR FOR ANY SPECIAL., INDIRECT. INCIDENTAL
<br />OR CONSEQUENTIAL, DAMAGES, Oil CLAIMS.INCLUDINGANY CLAIMS BY T)11RD PARTIES WHICI I
<br />ALLEGE LOSSES, LIABILITIES, DAMAGES Olt INJURIES WIIICI I ALLEGEDLY COULD I LAVE BEEN AVOIDED
<br />IF THE SUBSCRIBER'S SYSTEM (OR ANY COMPONENT 3'1 Ii REIN Olt SYSTEM LINKED TI IERETO) WAS YEAR
<br />2000 READY, WHETHER OR NOT THE I'OSS1B11.1`I'Y OF SUCI I LOSSES, CLAIMS OR DAMAGESCOULD D HAVE.
<br />BEEN REASONABLY FORT SEEN. SUBSCRIBER UNDERSTANDS AND AGItEES TI IA T TIIL YFAIt 2000
<br />READINESS WARRANTY IS NOT APPLICABLE TO ANY O'rIIER GOODS Olt PRODUCTS DELIVERFt) OR
<br />PROVIDED BYOR ON BE•IIA1.F 01= SELLER AT ANY TIMI: 0'x111?R TI IAN THI- CON EREiD PRODUCTS.
<br />9. LIMITATION OF LIABILITY
<br />'file total liability of Seller, including its subcontractors or suppliers, for all direct or indirect claims of awry kind for any
<br />loss, cost, cxpcnse, liabilities, or damage, whether in coniracl, warranty, tela (including, negligence or infringement), strict
<br />liability, equity or othurwise, directly or indirectly arising out of, connected with, or resulting front the Performance at
<br />non-performance of this Agreement (or any related software license agreement) or front dte Burnishing of any good or
<br />service pursuant to this Agreement Or any related so t%%are license agreement) shall nol etcced the awounl paid by
<br />Subscriber under this Agreement. IN NO EVI_W, WHETHER AS A RESULT OF BREACH (-)r t'()NrRACI',
<br />WARRANTY, TORT (INC L A)ING NI--GLI0I N(:V Olt INF RINC'ilia WNT), FQLJI I Y. S i R(c T I I iltlLl l Y' OR
<br />OTHERWISE, SHALL STILLER Olt 11% AI I II IAII.S. AGENTS, OFFICERS. DIRI.CRMS, FMI'LOYLES.
<br />VENDORS, SU[ICON IRACE ORS Olt S111TI11:Its. til: 1)IItI.CTLY OR INDIREC"ILY I_IAIIII: molt ANY
<br />SPE(71AI., CI)NSI QIII:N-I IAL, INC'I01:1'0Al , I'I IDIRI ('I (ilt 1AFAIPLARY DANIACUS INC'IAIDIN6. IIUr NOT
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