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Professional Services Master Agreement Kittitas County Notwithstanding the foregoing, the following shall not constitute the property of Client: (I) software, including but not limited to any proprietary code (source and object), which is subject to third~party license agreements; (ii) those portions of the deliverables which include information in the public domain or which are generic ideas, concepts, knoW-how and techniques within the computer design, support and consulting business generally; and (iii) those portions of the deliverables which contain the computer consulting knowledge, techniques, tools, routines and sub-routines, utilities, know-how, methodologies and information which Tieton Group had prior to or acquired during the performance of its Services for Client and which do not contain any Confidential Information (as hereinafter defined) of Client conveyed to Tieton Group by Client. To the extent that any portion of the deliverables includes information or material that falls within the exceptions to property of Client described in Subsection (iii) above, Tieton Group shall be deemed to have granted Client a paid up, world-wide, non-exclusive license to use any such information or material embedded in the deliverables for its internal business needs and a non-exclusive license to make copies thereof for use only in its and its affiliates' facilities, subject to third party license agreements, if any. Should Tieton Group, in performing any services hereunder, use any computer program, code or other materials developed by it independently of the services provided hereunder ("Pre-existing Work"), Tieton Group shall retain any and all rights in such Pre-existing Work. Tieton Group hereby grants Client a paid up, world-wide, non-exclusive license to use and reproduce the Pre-existing Work for its internal business needs. Client understands and agrees that Tieton Group may perform similar services for third parties using the same personnel that Tieton Group may use for rendering Services for Client hereunder, subject to Tieton Group's obligations respecting Client's Confidential Information pursuant to Section 7. 9. Warranty With respect to any Deliverable or Services, Tieton Group warrants the following for a period of thirty (30) days from the performance of Services or the delivery of a Deliverable (the "Warranty Period"): a) the Services rendered hereunder will be performed by qualified personnel. b) the Services performed will substantially conform to any applicable requirements set forth in the SOW. c) if any Deliverable is expressly included in a SOW, then the Deliverable will substantially conform to the applicable written specifications of such Deliverable . Tieton Group does not warrant that the Services or Deliverables will be uninterrupted or error- free, provided that Tieton Group shall remain obligated pursuant to this Section 8. In the event that the Service fails to conform to the foregoing warranty in any material respect, Client's initial remedy will be for Tieton Group, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. Upon failure of the foregoing, Client's remedies, and Tieton Group's entire liability, as a result of such failure, shall be subject to the Page 5 of 12