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If such daim has occurred or in Questica's opinion is likely to occur, Licensee agrees to permit Questica at its option and expense, either to procure for Licensee the right to continue using the work or to replace or modify the same so that it becomes non-infringing without loss of functionality. Questica shall have no obligation to defend Licensee or to pay costs, damages or legal fees for any Gaim based upon use of other than a current unaltered release of the Work, if such infdngement would have been avoided by the use of a current unaltered release thereof. The foregoing states the entire obligations of Questice with respect to infringement or proprietary or intellectual rights of third parties. 6. LIMITED WARRANTY Questica waraMS that so long as maintenance and support services are provided by Questica, that the Software, when propedy installed, will perform substantially in accordance with the accompanying written materials. If the Software does not so perform during such period, Questica will correct, at no cost to Licensee, programming errors in the Software to make the Software so perform provided that: (A) the Software has been propedy used by the Licensee in accordance with the documentation furnished by Questica to Licensee in connection therewith; (B) Licensee notifies Questica of the programming errors and descdbes the nature of the suspected errors and of the dreumstances in which they occur; (C) Questica, using reasonable efforts, is able to confirm the existence of the programming errors; and (D) Licensee or any third party has not changed or modified the Software. Licensee agrees that Questip shall not be liable to the Licensee or any other person, regardless of the cause, for the effectiveness or accuracy of the Software, the Documentation or any other related matedals, or for any other special, indirect, inddental or consequential damages arising from or occasioned by the use of the Software, the Documentation or the related materials, or the failure or omission on the part of Questica to comply with its obligations under this Agreement. The Licensee hereby agrees that Questica's maximum liability for any Gaim arising in connection with the Software, the Documentation or any related materials (whether in contract, tort, including negligence, product liability or otherwise) shall not exceed the License Fee paid by the Licensee in accordance with Section 4 above. T THE'ABOVE'EXPRESS WARRANTY IS IN LIEU OF AEt'(7THEh~WARRANTIES AND CONDITIONS - !"~'(~fPRESS AND IMPLIED) AND THOSE ARISING BY STATUTE OROTHERWISE IN LAW OR FROM A: r ''?=I' COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR :,' CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED ARE GIVEN. 7. LIMITATIONS OF REMEDIES AND DAMAGES Subject to Section 12 hereof, Questica's entire liability and the Licensee's exclusive remedy under this agreement shall be: (A) if Questica is in breach of the Limited Waranty, to require Ouestica to replace any defective media or to cored any defects and make any modifications which are necessary to cause the Software to confirm in all material respects to the Documentation; or (B) the termination of this agreement In the event of any such termination, Questica shall not be liable in the aggregate for any damages which exceed the amount paid hereunder by the Licensee to Questica as Software License Fees. In no event shall Questica be liablefor indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages. Page 5 of 11