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KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION TIIE <br />IMPLIED WARRANTIES OF TITLE, NON -INFRINGEMENT, MERCIHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOSE. CROSSMATCH AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE OR <br />MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR -FREE, OR <br />MAKE ANY OTHER REPRESENTATION REGARDING THE USE, OR TIIE RESULTS OF THE MAINTENANCE OR THE <br />USE OF TIIE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABIILITY, OR OTHERWISE. COMPANY <br />ACKNOWLEDGES THAT CROSSMATCH IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR <br />HARDWARE, SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER <br />THAN CROSSMATCH, INCLUDING ITEMS SUPPLIED OR SERVICES PERFORMED BY COMPANY. <br />5. SERVICE LIMITATIONS. The Maintenance does not include, nor will Crossmatch be obligated to provide, services required as a <br />result of. (a) any modification, reconfiguration or maintenance of the Software not performed or recommended by Crossmatch; (b) <br />any use of the Software on a system that does not meet Crossmatch's minimum standards for such as set forth in the applicable <br />Documentation; (c) any third party hardware or software not supported or embedded by Crossmatch; (d) any configuration of the <br />Software (or hardware configurations) other than as recommended by Crossmatch; (e) changes in the communications network <br />protocol and configuration parameters after the Software was installed; (f) Company's failure to back up data; (g) data recovery from <br />back up due to hardware failure; (h) data loss, damage, destruction distortion, erasure, corruption or alternation from any cause <br />whatsoever (including but not limited to computer virus); (i) upgrades or changes in the computer platform's hardware or software <br />including but not limited to the operation system or storage control software or storage capacity; or 0) any error caused by Purchaser's <br />or any third party's negligence, abuse, misapplication, or use of Software other than as expressly permitted under the Agreement. <br />Purchaser is responsible for removing all Purchaser data and/or personally identifiable information from any files prior to providing <br />them to Crossmatch. All data and or personally identifiable information received by Crossmatch will be erased by Crossmatch in a <br />manner so as to be unrecoverable. <br />6. MAINTENANCE FEES AND PAYMENT. Payment of Maintenance fees are due annually in advance. This Maintenance Plan is <br />a final sale and is not refundable. In the event that Maintenance is discontinued or suspended, to reinstate or renew Maintenance, <br />Crossmatch reserves the right to charge Maintenance fees for the interim period during which Maintenance was discontinued or <br />suspended. <br />7. TERM AND TERMINATION. This Maintenance Plan shall remain in effect for one (1) year from the Delivery Date. Purchaser <br />may terminate this Maintenance Plan if Crossmatch materially breaches the terms of this Maintenance Plan and such breach remains <br />uncured for thirty (30) days after written notice, in which case Purchaser's sole and exclusive remedy shall be to receive a refund in an <br />amount equal to the most -recent maintenance fee paid by Purchaser to Crossmatch multiplied by a fraction, the numerator of which is <br />the number of whole months remaining in the then current maintenance period and the denominator of which is twelve (12). The <br />expiration or termination of this Maintenance Plan shall not terminate or otherwise affect the Agreement. <br />3950 RCA Blvd. Suite 5001 Palm Beach Gardens, FL 33410 PHONE 561.622.1650 FAX 561.828.7717 www.crossmatch.com <br />MP REV / 08-13-2012 <br />