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<br />You agree that the United Nations Convention on Contracts for the Intemational Sales of <br />Goods will not apply to our provision to you or your use of any Software. <br /> <br />Neither you nor we limit or exclude our liability to the other for death, personal injury, <br />willful misrepresentation, willful default or fraud. <br /> <br />INFRINGEMENT INDEMNITY <br />Notwithstanding your indemnity of us in the "Protection From Third Parties" section of this <br />Booklet., we will defend at our own expense or settle any action brought against you to the <br />extent it is based on a claim that your use of the Software and/or Materials provided by us to <br />you pursuant to this Booklet infringes any Berne Convention country copyright 01' any United <br />States of America or United Kingdom patent., trade secret or trademark of any third party, <br />and we will pay all costs and damages finally awarded in any such action. <br /> <br />Our obligation is subject to (i) prompt notice from you of any such claim or action, (ii) your <br />not having made any admission of liability or agreed to any settlement or compromise, (iii) <br />your providing to us, in a prompt and timely manner, the documents, information and <br />assistance we reasonably request., (iv) our having sole control of defending such claim or <br />action, (v) your having used the current version of the Software and Materials, as provided to <br />you by us, in compliance with the terms of this Booklet and the related Materials and (vi) our <br />obligations under this indemnity being our only obligations to you with respect to any <br />infringement claim in connection with your use of the Software. <br /> <br />EXPORT CONTROlS <br />You understand and acknowledge that our obligations to provide the Software, technical <br />assistance, any media in which any of the foregoing is contained, training and related <br />technical data (collectively "Data") will be subject in all respects to all applicable laws and <br />regulations as shall from time to time govern the expOlt or diversion of certain products and <br />technology to and from certain countries. You warrant and agree that you will comply in all <br />respects with the export and reexport restrictions applicable to the Data shipped to you and <br />will otherwise comply with all applicable laws and regulations governing export and <br />diversion of the Software and technical data in effect from time to time. <br /> <br />SUPPLEMENTAL IMAGE CD-ROM SOFrWARE LICENSE PROVISIONS <br />This subsection supplements this Software License section with respect to Software we <br />provide you for the Disbursement Image Service under which we provide you with CD-ROMs <br />and shall control in the event of conflict between it and the balance of the Software License <br />section. <br /> <br />We warrant for a period of 45 days after the CD-ROM creation date appearing on the CD.ROM <br />that such CD-ROM itself will be free of defects in material and workmanship. If we provide you <br />a CD-ROM which contains a media defect or is unreadable in its entirety, you must notify us <br />within the 45.day period. <br /> <br />Our disclaimer of warranties in this Software License section applies to CD-ROMs as well as to <br />the Software and related Materials. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />64 <br />