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COMPANY ACKNOWLEDGES THAT CROSSMATCH IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, <br />SOFTWARE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN CROSSMATCH, <br />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 result of. (a) <br />any modification, reconfiguration or maintenance of the Software not performed or recommended by Crossmatch; (b) any use of the Software on a <br />system that does not meet Crossmatch's minimum standards for such as set forth in the applicable Documentation; (c) any third party hardware or <br />software not supported or embedded by Crossmatch; (d) any configuration of the Software (or hardware configurations) other than as recommended <br />by Crossmatch; (e) changes in the communications network protocol and configuration parameters after the Software was installed; (f) Company's <br />failure to back up data; (g) data recovery from back up due to hardware failure; (h) data loss, damage, destruction distortion, erasure, corruption or <br />alternation from any cause whatsoever (including but not limited to computer virus); (i) upgrades or changes in the computer platform's hardware or <br />software including but not limited to the operation system or storage control software or storage capacity; or 0) any error caused by Purchaser's or <br />any third party's negligence, abuse, misapplication, or use of Software other than as expressly permitted under the Agreement. Purchaser is <br />responsible for removing all Purchaser data and/or personally identifiable information from any files prior to providing them to Crossmatch. All data <br />and or personally identifiable information received by Crossmatch will be erased by Crossmatch in a 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 a final sale and <br />is not refundable. In the event that Maintenance is discontinued or suspended, to reinstate or renew Maintenance, Crossmatch reserves the right to <br />charge Maintenance fees for the interim period during which Maintenance was discontinued or suspended. <br />7. TERM AND TERMINATION. This Maintenance Plan shall remain in effect for one (1) year from the Delivery Date. Purchaser may terminate <br />this Maintenance Plan if Crossmatch materially breaches the terms of this Maintenance Plan and such breach remains uncured for thirty (30) days <br />after written notice, in which case Purchaser's sole and exclusive remedy shall be to receive a refund in an amount equal to the most -recent <br />maintenance fee paid by Purchaser to Crossmatch multiplied by a fraction, the numerator of which is the number of whole months remaining in the <br />then current maintenance period and the denominator of which is twelve (12). The expiration or termination of this Maintenance Plan shall not <br />terminate or otherwise affect the Agreement. <br />3950 RCA Blvd. Suite 5001 Palm Beach Gardens, FL 33410 <br />PHONE +1 (561) 622-1650 FAX +1 (561) 828-7717 <br />www.crossmatch.com <br />6 <br />