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enhancements and/or upgrades, etc. are covered by the terms and conditions of <br />CorEMR's then current License Agreement, and CorEMR may condition issuance <br />thereof to you on your written acceptance of the then current license agreement. <br />Updates to which you may be entitled under this Agreement shall not include any <br />custom modifications or versions of the Software not released by CorEMR for general <br />distribution to its clients. <br />8. Limited Warranty. CorEMR warrants that the Software will enable the properly <br />trained users hereof to create, maintain, access, and make additions to electronic <br />medical records and medical data, and will enable your properly trained personnel to <br />backup the electronic medical records created thereby on site and/or at a remote <br />location if proper equipment and backup software is used, for a period of ninety (90) <br />days from the date of installation on the Server at the applicable Facility. Non -substantial <br />variations of performance do not establish a warranty right. To make a warranty claim, <br />you must notify CorEMR in writing of the specific defect or failure claimed within such <br />ninety (90) day period. If the Software does not perform substantially in accordance with <br />this Limited Warranty, the entire liability of CorEMR and your exclusive remedy shall be <br />limited to either, at CorEMR's option, the replacement of the Software or the refund of <br />the Initial Set Up Fee and Monthly Service Fees actually paid to date; and in any such <br />event, you shall be obligated to return to CorEMR the Software. THIS LIMITED <br />WARRANTY SHALL NOT APPLY TO ANY SOFTWARE UPDATES, UPGRADES, <br />MODIFICATIONS, ENHANCEMENTS, PATCHES, PRE -RELEASES (BETA), <br />TRYOUTS, EVALUATIONS OR PRODUCT SAMPLERS, ALL OF WHICH ARE <br />LICENSED "AS IS," WITHOUT WARRANTY OF ANY KIND. THIS LIMITED <br />WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. <br />YOU MAY HAVE ADDITIONAL RIGHTS, WHICH MAY VARY FROM JURISDICTION <br />TO JURISDICTION. <br />9. Additional Warranty Limitations. The limited warranty set forth in Section 8 <br />above does not apply to: (a) use on any hardware not meeting CorEMR's specifications; <br />or (b) bugs, defects, problems or failures caused by defects, problems or failures of <br />hardware or software not provided by CorEMR or the negligence of the COUNTY or any <br />person other than a CorEMR representative. The limited warranty set forth in Section 8 <br />above does not include any warranty that (i) the Software will meet the COUNTY'S <br />requirements; (ii) will operate in conjunction with other hardware and software utilized by <br />the COUNTY; (iii) will be error free in all circumstances; and (iv) that non -material bugs <br />will be corrected. <br />10. No Other Warranties. EXCEPT AS EXPRESSLY WARRANTED ABOVE IN <br />SECTION 8, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OR <br />REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR ARISING <br />FROM COMMON LAW, CUSTOM, USAGE OR OTHERWISE, OR STATUTORY, <br />INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON - <br />INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR <br />PURPOSE, OR PERTAINING TO TITLE, INTEGRATION, ACCURACY, SECURITY OR <br />AVAILABILITY. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS LICENSE <br />AGREEMENT IS EXCLUDED AND SUPERSEDED BY THE TERMS OF THIS <br />LICENSE AGREEMENT. COREMR DOES NOT REPRESENT OR WARRANT THAT <br />THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS, THAT IT IS WITHOUT <br />DEFECT OR ERROR, OR THAT THE OPERATION THEREOF WILL BE <br />