AG 2010 10 18 - Laserfiche WebLink

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13.2.1 The Library Corporation agrees to notify The Library at least 12 months prior to the release of a mandatory Licensed Software Update that would require a Hardware enhancement, 13.3 The Library Corporation reserves the right not to release Licensed Software Updates to the Software during the term of this Agreement. Failure to release Licensed Software Updates to the Software does not constitute default on the part of The Library Corporation because of the continuation of the right to use telephone support and other support- related services. 13.4 After a period of five years from the date of the execution of this Agreement, The Library Corporation can discontinue Software support upon two years written notification to the Library, in which case the force of Section 12.6 of this Agreement shall no longer apply, and the warranties provided by Section 12.1 of this Agreement shall remain in effect. 13.5 The Library Corporation reserves the right to charge at the then - published rate for any additional effort which results from the Library introducing an Error in the Licensed Software. 13.6 The Library Corporation shall not be responsible for correcting any adverse effects on performance or operation as a result of the Library's use of (a) third -party Hardware or Software, and /or (b) Databases and networks external to the Library•Solution System, in conjunction with the Libra ry•Solution System. When resources are available, The Library Corporation may provide consultation services or assistance relating to the Library's use of such third -party Hardware and Software, external Databases and networks, and The Library Corporation reserves the right to charge, at the then- published rate, for such services and assistance. 14 Patent and Copyright 14.1 The Library Corporation will defend the Library against any claim that Licensed Software or Software Materials or Sub - Licensed Software or Hardware furnished and used within the scope of the licenses and Sub - Licenses and titles to Hardware granted herein infringe a U.S. patent or copyright and The Library Corporation will pay resulting costs, damages and attorney fees finally awarded, provided that: (a) the Library promptly notifies The Library Corporation in writing of the claim, and (b) The Library Corporation has sole control of the defense and all related settlement negotiations. 14.2 If such claim has occurred, or in The Library Corporation's opinion is likely to occur, the Library agrees to permit The Library Corporation at its option at no additional expense to the Library either to procure for the Library the right to continue using the Licensed Software or Sub - Licensed Software or Hardware or to replace or modify the same so that they become non - infringing. 14.3 The Library Corporation shall have no obligation to defend the Library or to pay costs, damages, or attorney's fees for any claim based upon (1) use of other than a current unaltered release of the Licensed Software if such infringement would have been avoided by the use of a current unaltered release of the Licensed Software, or (2) the combination, operation or use of any Licensed Software or data with non - Library Corporation programs or data if such infringement would have been avoided by the combination, operation or use of the Licensed Software with other Library Corporation- approved programs or data. 14.4 The foregoing states the entire obligation of The Library Corporation with respect to infringement of patents or copyrights. Library Contract Page 6 of 6 , Attachment number 4 F -12 Page 305