AG 1999 06 21 - Laserfiche WebLink

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this Agreement. 12. WARRANTY. The licensed program will conform to Licensor's published Operator Manual shipped to Licensee. Sample data may be shipped with such licensed program to assure that the Licensee has received a valid copy. Such licensed program is distributed on an "as is" basis without warranty, except that Licensor will correct any deficiency in application software within thirty (30) days of notification by Licensee, so that licensed program shall operate in conformity with Licensor's published Operator Manual. 13. LIMITATION OF LIABILITY. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor will not be liable for any lost profits, or for any claim or demand against the Licensee by any other party, except a claim for patent, copyright, or proprietary right infringement as provided herein. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party more than one year al[er the cause of action has accrued and is actually known to the injured party, except that an action for nonpayment may be brought within one year after the date of last payment. DAMAGES DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 14. CONTINGENCY OF WARRANTY. The warranty provided for above is expressly contingent upon proper use and application of software in accordance with the user manual and does not apply if the software is modified or adjusted by anyone other than Licensor's authorized representatives. Said warranty shall not apply if the modification, adjustment or replacement of the software is required wholly or partially because of accidents, neglect or improper operating conditions. In addition, the warranty shall not cover malfunctions caused by defects in Licensee's associated equipment, software, terminals or networks, not specifically recommended or supplied by Licensor pursuant to the terms of this License and the Agreement between Licensor and Licensee of even date for the provision of a tax billing, collection, appraisal, motor vehicle, business personal software and hardware system. 15. ASSIGNMENT. Licensee may not assign or transfer its rights or obligations under this Agreement except in connection with the transfer of substantially all of the assets or equity interest of Licensee without the prior written consent of Licensor. Licensor shall have the right to assign or transfer this Agreement or any of its interest herein (including without limitation rights and duties of performance) to any parent, subsidiary, or affiliate of Licensor or to any entity acquiring controlling equity interest in Licensor or acquiring substantially all of the assets of Licensor relating to the line of business represented by the software. 4