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11 Protection and Security All Licensed Software Materials, including, but not limited to <br />Documentation, contain proprietary information, use of which is limited by the licenses granted <br />in this Agreement. The Library will not disclose or otherwise make available any Software <br />Materials in any form to any third party except to the Library's employees, or to agents directly <br />concerned with licensed use of the program. <br />12 Warran <br />12.1 The Library Corporation warrants that The Library Corporation has the right to license the <br />Software listed in Schedule D, Software, and to grant sub - license to the Sub - Licensed <br />Software as defined in Section 1.3.2, The Licensed Software will perform the functions set out <br />in the Documentation in effect when shipped to the Library. Thereafter The Library Corporation <br />will provide program service and maintenance as described in Schedule G, Software Support. <br />12.2 The Library Corporation does not warrant that the operation of the Licensed Software will be <br />uninterrupted or Error -free or that all program defects will be corrected. <br />12.3 The Library Corporation agrees, however, to make its best efforts to correct all reproducible <br />material Errors in programming and discrepancies between the Documentation and the actual <br />Software performance. The Library Corporation further agrees to make its best efforts to <br />correct any Hardware or Software problems that result in total System "downtime ". In the event <br />that The Library Corporation personnel or The Library Corporation's designated agents must <br />travel to the Library to correct Hardware or Software problems, the Library shall not be <br />responsible for the cost of such travel. <br />(W 12.4 <br />The Library Corporation warrants that the Library shall acquire good and clear title to the <br />Hardware purchased hereunder, free and clear of all liens, claims, or encumbrances from <br />a <br />third party. Title to the Hardware purchased from The Library Corporation by the Library shall <br />pass from The Library Corporation to the Library upon payment of the final balance due, as <br />outlined under Schedule G, Payment Schedule. <br />12.5 <br />Hardware purchased under this Agreement will be newly manufactured. <br />12.6 <br />The above warranties will apply as long as the Library has maintained Hardware Maintenance <br />as provided by Schedule H and Software Support as provided by Schedule G, Part 2. <br />13 <br />Software Support and Maintenance <br />13.1 <br />Telephone support and Licensed Software Updates will be provided as part of the annual <br />Software support service fee, as provided for in Section 12.1 and Schedule G of this <br />Agreement. The initial cost of the Software includes first -year Software support. Payment of <br />the annual Software support fee entitles the Licensee to continued use of the Software. <br />13.2 Licensed Software Updates will be made available periodically. Revisions and enhancements <br />to the Software are provided on magnetic tape, diskette, or compact disc or via <br />telecommunications, depending on the Software and data used. The Library is responsible for <br />implementing all Licensed Software Updates. All mandatory Licensed Software Updates must <br />be installed within one (1) year of their release to ensure proper program performance and <br />continued support. Failure by the Library to install Licensed Software Updates within the <br />agreed time frame may result in the termination of program service and maintenance or in the <br />increase of program service and maintenance fees where appropriate. <br />Library Contract Page 5 of S <br />Attachment number 4 <br />F -12 Page 304 <br />