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