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<br /> <br />Rev. 06022016 4 of 10 <br /> <br />Information from unauthorized use and disclosure . However, CUSTOMER bears no <br />responsibility for safeguarding information that is publicly available, already in <br />CUSTOMER’s possession and not subject to a confidentiality obligation, obtained by <br />CUSTOMER from third parties without restrictions on disclosure, independently <br />developed by CUSTOMER without reference to Confidential Information, or required to <br />be disclosed by order of a court or other governmental entity. <br /> <br />b. acknowledges that, in the course of its performance of the Agreement, it may <br />become privy to certain information that CUSTOMER deems proprietary and <br />confidential. agrees to treat all such information that is identified as proprietary <br />and confidential in a confidential manner and will not disclose or permit to be disclosed <br />the same, directly or indirectly, to any third party without CUSTOMER’s prior written <br />consent. However, bears no responsibility for safeguarding information that is <br />publicly available, already in ' possession and not subject to a confidentiality <br />obligation, obtained by from third parties without restrictions on disclosure, <br />independently developed by without reference to such information, or required <br />to be disclosed by order of a court or other governmental entity. <br /> <br />c. In the event of actual or threatened breach of provisions of A and B above, the parties <br />acknowledge that the non-breaching party may have no adequate remedy at law and will <br />be entitled to seek immediate injunctive and other equitable relief. <br /> <br />7. LIMITED WARRANTY AND LIMITATION OF LIABILITY <br /> <br />a. Limited Warranty. warrants for a period of ninety (90) days following the date <br />of delivery of the Software to CUSTOMER that the Software will <br />substantially operate according to the specifications set forth in the Documentation . If <br />it is determined by CUSTOMER that the Software does not substantially <br />operate according to such specifications, may, at its option and expense, <br />apply commercially reasonable efforts to designing, coding and implementing <br />programming changes to the source code to correct reproducible errors or correcting <br />misstatements and omissions in the User's Guide and code documentation . Licensee <br />shall report all errors or other defects in the Software to immediately <br />upon their discovery. It is acknowledged that the Software is inherently <br />complex and may contain errors and cannot and does not guarantee to <br />correct all such errors. The remedies set forth in this Article VII, paragraph A <br />constitutes CUSTOMER’s sole and exclusive remedy for br each of this Warranty. <br /> does not warrant Third Party Software . will transfer any warranty <br />provided by the licensor of the Third Party Software to CUSTOMER. <br /> <br />b. NO OTHER WARRANTIES. EQUIVANT MAKES NO OTHER WARRANTIES, <br />WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO <br />THE SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR <br />SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS <br />AGREEMENT, INCLUDING MAINTENANCE AND SUPPORT . EQUIVANT <br />SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY <br />AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE <br />SOFTWARE, DOCUMENTATION AND SAID OTHER MATERIALS AND SERVICES, <br />AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING. <br /> <br />c. LIMITATION ON LIABILITY. NOTWITHSTANDING ANY PROVISION IN THIS <br />AGREEMENT, IN NO EVENT WILL EQUIVANT BE LIABLE FOR ANY LOSS OF