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6.E. - Page 23 of 35 <br />configuration available within the Software's built-in functionality. This warranty does not <br />apply to data extracted from the system. <br />OWNERSHIP WARRANTY. ImageTrend represents that it is the owner of the entire right, <br />title, and interests in and to the Software, and that it has the sole right to grant licenses <br />thereunder, and that it has not knowingly granted licenses thereunder to any other entity <br />that would restrict rights granted hereunder to Client. <br />LIMITATIONS ON WARRANTY. All of ImageTrend's obligations under this Section shall <br />be contingent on Client's use of the Software in accordance with this Agreement and in <br />accordance with ImageTrend's instructions as provided by ImageTrend in the Licensed <br />Information, and as such instructions may be amended, supplemented, or modified by <br />ImageTrend from time to time. ImageTrend shall have no warranty obligations with <br />respect to usage, which does not conform with lmageTrend's instructions as provided by <br />ImageTrend in the Licensed Information. ImageTrend shall have no warranty obligations <br />with respect to any failures of the Software which are the result of accident, abuse, <br />misapplication, extreme power surge or extreme electromagnetic field of a Client device. <br />In addition to any other limitation on warranty or liability; Client's sole remedy for breach <br />of warranty related to or arising out of the Software, or a defect with the Software, shall <br />be at Client's option 1) repair of the Software or defect, 2) termination of this Agreement <br />for convenience as outlined elsewhere in this Agreement. <br />THE EXPRESS WARRANTIES PROVIDED HEREIN ARE THE ONLY WARRANTIES <br />MADE BY ImageTrend WITH RESPECT TO THE SOFTWARE AND SUPERSEDE ALL <br />OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, <br />ANY WARRANTIES OF MERCHANTABILITY AND WARRANTIES FOR ANY SPECIAL <br />PURPOSE. <br />SECTION 6. MAINTENANCE. <br />ImageTrend shall provide scheduled updates and new releases for the Software, as well <br />as defect correction as needed per the Service Level Agreement, attached for so long as <br />Client has contracted for support (as indicated by a recurring fee containing the product <br />name and word 'Support'). Specific out -of -scope system enhancement requests are <br />excluded from support. Should Client desire specific source -code level modifications to <br />the system, Client may submit a request to ImageTrend's UserVoice page at <br />https:HlmageTrend.uservoice.com/. <br />SECTION 7. RETURN OF DATA. <br />Upon termination of this Agreement for any reason, ImageTrend shall provide to Client a <br />copy of Client's data. ImageTrend will produce this data by first using relevant export <br />functionality provided by the application, e.g. for ImageTrend Elite the data would be <br />produced as a NEMS IS Version 3 XML file(s), or by other native data export format should <br />the application provide no export functionality. ImageTrend may redact or remove <br />ImageTrend trade secret and confidential information, such as database schema design <br />REV: 06-15-2020 PR <br />ATTY/AGR.2020.09911magirend, Inc. (Page 20 of 32) 372 <br />