Laserfiche WebLink
<br />8.6 Survival of Rights and Obligations Mter Termination of License. The <br />provisions of Sections 2, 7, 8, 9, and 10 of this Agreement shall survive any <br />tennination or expiration of this Agreement. <br /> <br />9. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES; LIMITED <br />REMEDIES <br /> <br />9.1 Limited Warranties. Pictometry warrants: <br /> <br />(a) that the Licensed Images and the Licensed Software installed by <br />Pictometry on any Authorized Workstation supplied by Licensee or <br />Subdivision pursuant to this Agreement will be true and usable copies as <br />of the date of capture; and <br /> <br />(b) that the infonnation concerning the accuracy of the Licensed Products set <br />forth on the attached Schedule C is substantially true. <br /> <br />Upon notice to Pictometry of any breach of the warranty in clause (a) above, <br />Pictometry will promptly reinstall a copy of the Licensed Images and/or Licensed <br />Software involved, and if no true and usable copies as of the date of capture are <br />. available to be reinstalled, Pictometry agrees to return to Licensee the full <br />purchase price set forth on Schedule A. Upon notice to Pictometry of any breach <br />of the warranty in clause (b) above, Pictometry will use its reasonable efforts to <br />correct the problem so as to allow the Licensed Products to produce Images and <br />related data that are usable for the general purposes intended, and if Pictometry is <br />unable to correct the problem so as to allow the Licensed Products to produce <br />Images and related data that are usable for the general purposes intended, <br />Pictometry agrees to return to Licensee the full purchase price set forth on <br />Schedule A. The foregoing warranties are the sole and exclusive warranties that <br />Pictometry makes with respect to the Licensed Products, and the remedies set <br />forth above are the sole and exclusive remedies for breach of those warranties. <br /> <br />9.2 Disclaimer of Other Warranties. Except as provided in Section 9.1 above, <br />EACH OF THE LICENSED PRODUCTS IS PROVIDED TO LICENSEE "AS <br />IS" AND "WITH ALL FAULTS" PICTOMETRY MAKES NO WARRANTIES <br />OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR <br />STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT <br />LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, <br />FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND <br />NONINFRINGEMENT, ARE HEREBY DISCLAIMED AND EXCLUDED BY <br />PICTOMETRY. <br /> <br />9.3 Limitations and Exclusions of Remedies. The respective remedies set forth in <br />Section 9.1 are the sole and exclusive remedies provided for breach of the <br />warranties given. With respect to any other claims that Licensee may have at any <br />time against Pictometry on any matter relating to this Agreement, or the <br />installation, operation, design, distribution, or use of the Licensed Products, the <br />total liability of Pictometry shall in the aggregate be limited to the aggregate <br /> <br />Page 10 of 13 <br /> <br />040516a <br />