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E?QiIBTT C TERMS AND CONDITIONS 1. Delivery of the Producl. The Product is delivered ou a set of 5.25" or 3.5" diskettes, as Licensee sball designate to Licensor, mgether with one copy of a separace User's Manual, and includes the following diskette files ("Diskette Files"): one copy of the executable progtam code one copy of a program w create the (empty) Product master files one copy of a file of help information for display on-line in the Product one copy of a set of files comprising a data dictionary for use of the Product files under Xtrieve, when Xtrieve is included (see below) files used during installation oF the Product The User's Manual includes in an appendix a detailed listing of the Produd data dictionary which sets foAh, for most Product data files, 16e names, sizes, data types and some descripGve information for all data elements. Also provided with the Product wbere applicable, but not a part of t6e Product, are tl�e following products of Novell Inc., Austin, Texas ("Novell"): one copy of BTRIEVE•EX�: ("B�e�e"), the run-time suppoct for the Product master files one copy of t6e Xtrieve Plus ("Xtrieve") software product 2. Priee and Terms. Any apPlicabie sales, use, license or similar ta�ces shall be added to the price. If Licensee desires W operate the Produd on any othec computer (ot6er than a replacement for the computer ide¢flfied in Euhibit B), Licensae shall notify Licensor in writing identifying eacL computer on which I,�� P�a� �o opecs�e the Product, and shall obtain an additiooal capy of ihe Pcoduct for each such ot6er computer. For each additional copy of the Praluct W be operated, the additional price shall be an amount aqual to eigLty peccent (80%j of t6e current price for ihe Product at tfte time of the notice to Licensor, and shall b� payable in fnll upon receipt by Licensce of the Product and an invoice iherefor. The identification of each such computer shall become a paR of Ezhibit B. 3. Upgrade. Licensce s6a11 have the option to upgcade any single-user I'rodud to a multi-user versioa at any dme by paying to Licensar the diffecence betwxn tlie price provided above aod the current multi-user price for the Pcoduct at the time of the upgrade. 4. Warranty. (a) Liceosac warrants that tLe Product will perfo[m as described in the User's Manual and the help file when it is used in accordance wi�+ �e inst�uctions and otber iuformatioa contained in ihe User's Manual and 6elp file. T6e period of the warrmty ("Warranty Period") shall be one year commencing upon . delivery of the Product. (b) THE FOREGOING WARRAN7'P IS IN LIEU OF ALL OTf�R WARRANTIES, EXPRFSS OR IMPLIED, WCLUDINO BUT NOT LIMITED TO T[� IMPLIED WARRAN[1ES OF MERCHANTABII-17']' AND F�TNESS FOR A PARTICUL.AK PURP�SE. (c) Licensor's sole obligations undu t6e wazranty shall be to insure that t6e Product will perForm ss set foeth in (a) above and to malce available to Licensee t6e program of maintenance and suppoR described in Pacagraph S(b)• .All costs and expenses incurred by Licensor in performing the wananty shall be for the