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subject to the limitations set forth in Sectian 16 of AGREEMENT IS F�UND TO HAVE FAILED OF <br /> this Agreement, Customer may pursue its remedy ITS ESSENTIAL PURPOSE� AND <br /> at law to recover direct damages resulting from REGARDLESS OF WHETHER CUSTOAAER HAS <br /> the breach of this limited warranty. These ACCEPTED ANY SOFTWARE OR SERVICE <br /> remedies are exclusive and a�e in lieu of all other UNDER THIS AGREEMENT. <br /> remedies, and SunGard Public SectoPs sole <br /> obligations for breach of this limited warranty are g, Confidential Informatton. Except as <br /> contained in this Section 7(a). otherwise permitted under this Agreement, the <br /> Recipient will not knowingly disclose to any third <br /> (b) Disclaimer of Warrantv. The IimiEed party, or make any use of the Discloser's <br /> warranty in Section 7(a) is made to Customer Confidential Inforrnation. The Recipient will use at <br /> exclusively and is in lieu of all other warranties. least the same standard of care to maintain the <br /> SUNGARD PUBLIC SECTOR MAKES N� confidentiality cf the Discloser's Confideniial <br /> OTHER WARRANTIES WHATSOEVER� Infarmation that it uses to maintain the <br /> EXPRESS OR IMPLIED, WITH REGARD TO confldentiality of its own Confidential Information <br /> ANY SERVtCES PROVIDED UNDER THIS of equal importance. Except in connectton with <br /> AGREEMENT AND�OR THE SOFTWARE� IN the Software and any software provided with the <br /> WHOLE OR IN PART. SUNGARD PUBLIC Sofiware, the non-disdosure and non-use <br /> SECTOR EXPLICITLY DISCLAIMS AI.L obligations of this Agreement will remain in full <br /> WARRANTIES OF MERCHANTABILITY AND OF force with respect to each item of Confidential <br /> FITNESS FOR A PARTICULAR PURPOSE. Information for a period of ten (10) years after <br /> SUNGARD PUBLIC SECTOR EXPRESSI.Y RecipienYs receipt of that item. However, <br /> DOES NOT WARRANT THAT THE SOFTWARE, Custamer's obliga�ons to maintain both the <br /> IN WHOLE OR !N PART, WILL BE ERROR ��re and any soflware provided with the <br /> FREE, WILL OPERATE WITHOUT Saftware as confiden6al wilt survive in perpetuity. <br /> INTERRUPTION OR WILL BE COMPATIBLE 9. Indemnitv bv SunGard Publlc Sector. <br /> WI7H ANY HARDWARE OR SOFTWARE SunGard Publ�c Sector will defend, indemnify and <br /> OTHER THAN THE EQUIPMENT. CUSTOMER hold Customer harmless from and against any <br /> WAIVES ANY CLAIM THAT THE LtMITED �a�� �st and expense that Customer incurs <br /> WARRANTY SET F�RTH IN SECTION 7(A) OR because of a clairn that use of a Baseline <br /> THE REMEDY FOR BREACH OF SUCH Component Systern infringes any United States <br /> LIMITED WARRANTY �AILS OF ITS �Pyri9ht of others. SunGard Public Sector's <br /> ESSENTIAL PURPOSE. obligations under this indemniftcation are <br /> (c) Abr4gation of Limited Wamantv. The expressly condidoned on the following: (i) <br /> limited warran in Section 7(a) will be nutl and Customer rnust promptly notify SunGard Public <br /> ty Sectar of any such claim; (ii) Custamer must in <br /> void if: {i) anyone (including Customer)other than Writing grant SunGard Public Sector sole control of <br /> SunGard Pub{ic Sector mod�ies the Baseline the defense of any such claim and of all <br /> Component System; flr (ii} Customer does not negotiations for its settlement or compromise (if <br /> implement changes that SunGa�d Public Sector Customer chaoses to represent its own interests <br /> provides to correct or improve the Baseline �n any such action, Customer may do so at its own <br /> Component System. If despite any modfication of expense, but such representation must not <br /> the Component System, SunGa�d Public Sector p�judice SunGarcl Public Sector's right to control <br /> can replicate the reported problem in the Baseline �e defense of the claim and negotiate its <br /> Component System as if the problem were a settlement or compromise}; (ifi) Customer must <br /> Defect, then SunGard Public Sector wilf cooperate with SunGard Public Sector to facilitate <br /> nonetheless provide Customer with an avoidance �e sealement or defense of the claim; {iv) the <br /> procedure for or a correction of that reported �aim must n�t arise from modifica6ons or (with <br /> problem for use in the Baseline Component �e express exception of the othe� Component <br /> System as though the reported problem were a Systems and third party hardware and software <br /> Defect. specified by SunGard Public Sector in writing as <br /> d FAIL.IJRE OF ESSENTIAL PURPCfSE. necessary for use with the Software)from the use <br /> ( a or combination of products provided by SunGard <br /> THE PARTIES HAVE AGREED THAT THE Public Sector with items provided by Custome�or <br /> LIMITATIONS SPECIFIED IN SECTIONS 7 AND others. If any Component System is, or in <br /> 16 WILL SURVIVE AND APPLY EVEN IF ANY SunGard Public Sector's opinion is like{y to <br /> LIMITED REMEDY SPECIFIED IN THIS become, the subject of a United States copyright <br /> Page 5 of 26 <br /> SPS Llcense 7f112010 <br />