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LIMITED WARRANTY AND LIMITATIONS ON LIABILITY Active Network warrants that if the enclosed magnetic diskettes or documentation are visibly damaged or in a defective condition at the time that they are received, Active Network shall replace them at no additional charge. Licensee must notify Active Network within 10 days of receipt if such a defective condition occurs, and return the defective items to Active Network postage prepaid. Active Network warrants that if the software fails to reasonably conform to the specifications in the documentation and if the nonconformity is reported to Active Network within 90 days from the date of shipment by Active Network, then Active Network shall at its option either remedy the nonconformity or refund the License Fee to the Licensee upon return of the original and all copies of the software and documentation to Active Network. Freight and/or installatio~training charges shall not be refunded. In the event of a refund, this license flaall terminate automatically. This limited warranty shall expire 90 days after the date of shipment by Active Network. LIMITATIONS Active Network and any other third party vendors make no warranty, representation, or promise not expressly set forth in this agreement. Active Network disclaims and excludes any and all implied warranties of merchantability and/or fitness for a particular purpose. Active Network, expressly, does not warrant that the software or documentation are without defect or error or that the software will be uninterrupted or error free in its operation or that the software will satisfy licensee's requirements. Purchaser agrees that, in no event, shall Active Network be liable for special, consequential, or incidental damages. Except as set forth herein, Active Network's maximum per incident liability shall be limited to the amount already paid Active Network by the Purchaser. For all claims, actions, damages, or costs caused by or arising from Active Network's gross negligence or willful misconduct during the equipment delivery and installation process, Active Network's maximum per incident liability shall be limited to the insurance amounts specified in Article 4 of the Purchase Agreement dated between Active Network and the City of Redwood City. Active Network makes no warranty as to the compatibility with any brands or configurations of computer equipment or operating systems. GENERAL CONDITIONS This agreement shall be governed by the laws of the State of California. All disputes that may arise as a result of this agreement shall be settled in the Courts in the County of San Mateo, California. This agreement sets forth the entire understanding and agreement between Active Network and Licensee and may be amended only in writing that is signed by an authorized officer or representative of both parties. NO THIRD PARTY VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY ACTIVE NETWORK TO MODIFY THIS AGREEMENT OR MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES OF THIS AGREEMENT. This license is effective for the useful life of the software. Active Network may terminate this license at any time by notice to the licensee should licensee breach the terms of this agreement. Licensee agrees to return the original and all copies of the licensed software and documentation within 30 days of the termination of this agreement. If may provision of this agreement is held invalid or not enforceable, that provision or action shall be limited to that specific provision and action and all other provisions of this agreement which protect Active Network shall remain in effect. Licensee hereby warrants and certifies that no software shall be made available for export from the United States and/or Canada. BY SIGNING OF THIS AGREEMENT OR OPENING THE DISKETTE PACKAGE LICENSEE ACKNOWLEDGES TO HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. This agreement must be signed and returned to Active Network for the limited warranty to be in effect. The undersigned wa~/a~t he/~ehas th~hority to bind the party he/she represents to this agreement. By(signature):~~t ' ~.~.~)~ ~~ Date: ,~//?~/~"~'~