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7. PROTECTION AND SECURITY <br /> <br /> AGENCY agrees not to disclose, publish, release, transfer or <br />otherwise make available any Software, in any form, to any person <br />other than AGENCY~s or MFSts employees without prior written <br />consent from MFS except during the period any such person is on <br />AGENCY~s premises for purposes specifically related to AGENCY's use <br />of the Software. AGENCY also agrees to protect the Software or any <br />part thereof from unauthorized disclosure by its agents, employees <br />or customers. <br /> <br />8. WARRANTY <br /> <br />8.A Each Licensed Software is warranted to conform to the design <br />specification for that release as designated in the Software <br />specification or similar applicable release issued by MFS. <br /> <br />8.B This warranty is applicable to each unaltered release of the <br />Licensed Program commencing on the date of its delivery to the <br />AGENCY and terminating one year from the date of such delivery, or <br />thereafter ninety (90) days after the date on which MFS releases <br />a revision thereof or upon termination of the license, whichever <br />is earlier. <br /> <br />8.C AGENCY agrees that its sole and exclusive remedy and MFS's <br />sole obligation, is for MFS to provide programming services to <br />attempt to correct any defect in the Licensed Program. AGENCY must <br />advised MFS of such failure in writing during the term of the <br />warranty. For purposes of this Agreement, the term "defect" shall <br />mean only significant deviations from the design specifications for <br />the Licensed Program. <br /> <br />8.D Except as specifically provided herein, there are no other <br />warranties, express or implied. <br /> <br />9. RESPONSIBILITY OF THE PARTIES <br /> <br /> AGENCY shall be exclusively responsible for the supervision, <br />management and control of its use of the licensed Programs, <br />including but not limited to: (1) assuring proper machine <br />configuration, program installation, audit controls and operating <br />methods, (2) establishing adequate backup plans, and (3) <br />implementing sufficient procedures to satisfy its requirements for <br />security and accuracy of input and output as well as restart and <br />recovery in the event of a malfunction. <br /> <br />10. RISK OF LOSS <br /> <br /> MFS agrees to replace, without additional charge to AGENCY, <br />any Licensed Program or Related Material lost or damaged in <br />shipment to AGENCY. If AGENCY loses or damages any Licensed <br /> <br /> <br />