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Software License and Annual Support Contract <br /> IntelliTime Systems Corporation <br /> ® 4. TERM OF AGREEMENT. <br /> 4.1. Term and Termination . This Agreement is effective from the date on which <br /> Licensor accepts it after execution by Licensee, and shall remain in effect until <br /> terminated. Licensee may terminate this Agreement: (a) at any time upon written <br /> notice to Licensor or (b) thirty (30) days after written notice to Licensor in the event <br /> that Licensor breaches any provision of this Agreement and has not cured such <br /> breach within the thirty (30) day period. Licensor may terminate this Agreement: (a) <br /> at any time upon written notice to Licensee in the event of any breach of Section 3 <br /> hereof or (b) thirty (30) days after written notice to Licensee in the event that <br /> Licensee breaches any provision of this Agreement other than Section 3 hereof and <br /> has not cured such breach within the thirty (30) day period. <br /> 4.2. Actions to be Taken Upon Termination . Upon termination Licensee shall <br /> immediately discontinue use of and return all complete or partial copies of Software, <br /> in whatever form or media, and shall delete the Software from its computer libraries. <br /> 4.3. Effect of Termination . Termination of this Agreement shall not bar Licensor from <br /> seeking any other remedy it may have available against Licensee for breach of the <br /> Agreement. Licensee shall hold Licensor harmless for any loss or other consequences <br /> of a termination of the License under this Article 4. <br /> 5. WARRANTY. <br /> 5.1. Limited Warranty . Licensor warrants that the Programs licensed to Licensee <br /> ® hereunder, if properly installed and used, shall materially conform to the <br /> specifications set forth in the accompanying Documentation for a period of three (3) <br /> months from the date of shipment of the Software to Licensee (hereinafter the <br /> "Warranty Period"). Licensee shall promptly notify Licensor in writing upon the <br /> discovery of any non-conformance. Licensor shall correct any such non-conformance <br /> of which it has been properly notified within the Warranty Period, through the means <br /> it determines to be most appropriate, whether by telephone instructions, the <br /> issuance of updating documentation, corrective code, or other methods. Any <br /> replacement of Software shall be effected only after the return of the non- <br /> conforming Software to Licensor. <br /> 5.2. Notwithstanding the warranty provisions above, Licensor shall have no warranty <br /> obligations with respect to any part or parts of the Software which have been <br /> damaged in transit or by improper installation or operation, or by misuse, abuse or <br /> negligent use or repair or alteration or improper storage or which have been <br /> damaged by use which does not conform to the specific or general instructions of <br /> Licensor or to the provisions of the Documentation, or if Licensee or any third party <br /> has modified or attempted to modify the Software or if the damage has occurred due <br /> to causes external to the Software, or if the Software has been subjected to an <br /> extreme power surge or electromagnetic field, whether or not through the fault of <br /> Licensee, or if Licensee has refused to implement software changes recommended by <br /> Licensor. <br /> 5.3. THE WARRANTY SET FORTH ABOVE SHALL BE EXCLUSIVE AND IN LIEU OF ALL <br /> OTHER LIABILITIES, OBLIGATIONS, CONDITIONS AND/OR WARRANTIES, <br /> EXPRESSED OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED AND/OR <br /> STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, <br />