R95-163 ACCEPTING THE PROPOSAL AND AUTHORIZING CONTRACT

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VII. LICENSED PROGRAM SUPPORT SERVICES HTE-PSI will provide the Customer with the following services for the Licensed Program(s)listed in the Supplement for a warranty period of ninety(90)days from the end of the testing period without additional charge.Thereafter the Services will be provided on a year-to-year basis provided the Customer exercises the option and pays HTE-PSI's annual support fee. a. Toll free telephone support line;twenty-four(24)hours a day,seven(7)days per week. b. Electronic support. c. Product enhancements,updates and new releases of the covered Licensed Program(s). d. Response time to calls within approximately two(2)hours of call. e. Error corrections as made. HTE-PSI shall not supply any support services nor be liable for any damages in the event that any portion of the Program Products is used on equipment or with software products or software systems other than those supplied or approved by HTE- PSI. Customer shall receive written authorization from HTE-PSI before attaching to the computer system any equipment not supplied or approved by HTE-PSI. Authorization shall not be withheld unless said equipment will cause operational damage to the system,or require undue system support from HTE-PSI. Customer acknowledges that the systems supplied by HTE-PSI have unique operating properties and are a matched system of components which must not be altered,modified,or tampered with without specific assistance from HTE-PSI designated personnel. HTE-PSI shall not be liable for any damage or loss of function which results from violating the approved operating environment by personnel not approved by HTE-PSI. In the event of the failure of any hardware component supplied under this Agreement to function or operate in conformance within specifications,HTE-PSI shall have no obligation for warranty beyond that of the hardware manufacturer or that specified in the Supplement and Schedule. VIII.PROTECTION AND SECURITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Program(s)constitute proprietary materials and trade secrets of HTE-PSI and will remain the properiy of HTE-PSI. The Customer will not provide or make available the Licensed Program(s)in any form except to the Customer's employees,HTE-PSI employees or other persons during the period they are on the Customer's premises for purposes specifically related to the Customer's autharized use of the Licensed Program(s). IX WARRANTY The Licensed Program(s)listed in the Supplement will perform in substantial compliance with the reference documentation supplied by HTE-PSI,provided the Licensed Program(s)are used in the proper operating environment. HTE-PSI does not warrant that the functions contained in the Licensed Program(s)will meet the Customer's requirement or will operate in the combinations which may be selected for use by the Customer after the completion of the Licensed Program testing described in Section VI.Any other utility or incidental software distributed by HTE-PSI will be on an "AS IS"and"WITH ALL FAULTS"basis without warranty of any kind either expressed or implied. HTE-PSI shall be responsible only for the Licensed Program(s)and products as originally supplied and accepted by Customer,and for changes made to the Licensed Program(s)by HTE-PSI's authorized representatives. HTE-PSI will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s)made by the Customer or any other unauthorized party. HTE-PSI warrants that it has the right to license the Licensed Program(s)listed in the Supplement and that the Licensed Program(s)does not infringe any intellectual property of any third party. HTE-PSI agrees to indemnify Customer against expenses, including reasonable attorneys'fees,and liability arising from any claim of infringement provided HTE-PSI shall have the right to control the defense or settlement of any such claim. If use of the Licensed Program(s)by the Customer is enjoined by any infringement proceeding,HTE-PSI shall, if possible,obtain without unreasonable expense the right of License for the Customer to use the Licensed Program(s)or if that is not possible,HTE-PSI shall refund to the Customer the license fee paid under this Agreement. 4