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free of defects in material and workmanship for a period of one year following delivery of <br />the Software to licensee. AssetWorks warrants that the Software, when used in <br />accordance with the terms of the AssetWorks Software license, will operate substantially <br />as set forth in the applicable AssetWorks Documentation for a period of one year following <br />delivery of the Software to licensee. <br />4. WARRANTY LIMITATIONS. Contractor's warranties as set forth herein <br />("Warranty") are contingent on proper use of the FuelFocus Hardware and Software <br />("Products") and do not apply if the Products have been modified without Contractor's <br />written approval, or if the Products' serial number label is removed, or if the Product has <br />been damaged. The terms of the Warranty are limited to the remedies as set forth in this <br />Warranty. <br />This warranty is provided in lieu of all other rights, conditions and warranties. <br />Contractor makes no other express or implied warranty with respect to the software, <br />hardware, products, documentation or Contractor support, including, without limitation, <br />any warranty of merchantability, fitness for a particular purpose and non -infringement of <br />third party rights. Contractor does not warrant that any products will be error -free, or that <br />any defects that may exist in its products can be corrected. In no event shall Contractor <br />be liable for cost of procurement of substitute goods, lost profits or any other special, <br />indirect, consequential or incidental damages (including but not limited to lost data), <br />however caused whether or not Contractor has been advised of the possibility of such <br />damages. <br />5. TECHNICAL SUPPORT ACCESS. During the warranty period, toll free phone <br />support is offered 5 days per week (8 a.m. to 5:00 p.m., Monday through Friday, except <br />holidays). Calls left after hours will be returned the next business day. Access to Technical <br />Support after warranty period is on a commercially reasonable basis (unless an <br />AssetWorks Support Contract is purchased for all systems owned by the customer). <br />6. SOFTWARE UPDATES. During the warranty period, Software updates for system <br />Software and Software products released by Contractor are available by contacting <br />AssetWorks Technical Support. System Software updates include applicable minor <br />releases (e.g. Release 2.0 to 2.1) to the AssetWorks family of products as well as major <br />feature releases (e.g. Release 2.x to 3.0). City must have access to the Internet for Web <br />Browser or FTP downloads as directed by Technical Support. Software updates released <br />after the initial one year warranty period are available as an upgrade product for the then <br />applicable list price. <br />REV: 08-16-2021 RL <br />ATTY/AGR.2021.215/ASSETWORKS, LLC (Page 15 of 15) <br />