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<br />CONFIDENTIAL Cayenta Software and Subscription Agreement 2024-01-11
<br />Page 39 of 41
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<br />cause occurring after initial delivery of the Micro Focus Runtime System to Customer, unless caused
<br />directly by Harris. Harris has no responsibility for any claims made outside of the Warranty Period. The
<br />foregoing warranty shall not apply to any free-of-charge Micro Focus Runtime System or updates
<br />provided under support and maintenance. The warranties set forth in this Section 6 will not apply and will
<br />become null and void if Customer materially breaches any provision of this Agreement.
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<br />7. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION C, SUBSECTION 6 OF THIS
<br />SCHEDULE “E”, HARRIS AND MICRO FOCUS DO NOT WARRANT UNINTERRUPTED OR ERROR-
<br />FREE OPERATION OF THE MICRO FOCUS RUNTIME SYSTEM OR THAT HARRIS OR MICRO
<br />FOCUS WILL CORRECT ALL DEFECTS IN THE MICRO FOCUS RUNTIME SYSTEM. HARRIS AND
<br />MICRO FOCUS DO NOT WARRANT TO CUSTOMER THAT THE MICRO FOCUS RUNTIME SYSTEM
<br />WILL MEET REQUIREMENTS OF CUSTOMER. HARRIS AND MICRO FOCUS PROVIDE THE MICRO
<br />FOCUS RUNTIME SYSTEM TO CUSTOMER “AS IS” WITHOUT WARRANTY. HARRIS AND MICRO
<br />FOCUS DISCLAIM ALL OTHER WARRANTIES REGARDING THE MICRO FOCUS RUNTIME SYSTEM,
<br />EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT,
<br />MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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<br />8. A. Aggregate Cap. IN NO EVENT SHALL ANY LIABILITY OF HARRIS, MICRO FOCUS, OR ITS
<br />AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS
<br />UNDER OR IN CONNECTION WITH THE MICRO FOCUS RUNTIME SYSTEM EXCEED, IN THE
<br />AGGREGATE, THE AMOUNTS PAID BY CUSTOMER FOR THE MICRO FOCUS RUNTIME SYSTEM.
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<br />B. Waiver of Liability. IN NO EVENT SHALL HARRIS, MICRO FOCUS, OR ITS AFFILIATES OR ANY OF
<br />ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY
<br />INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, LOSS OF
<br />PROFITS, BUSINESS, DATA, OR PROGRAMS (INCLUDING, BUT NOT LIMITED TO, THE COST OF
<br />RECOVERING OR REPLACING SUCH DATA OR PROGRAMS), LOSS, DAMAGE OR ANY COSTS
<br />DUE TO INTERRUPTION, DELAY, OR INABILITY TO USE THE MICRO FOCUS RUNTIME SYSTEM,
<br />WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF INFORMED
<br />OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
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<br />C. Scope. THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION 7 APPLY TO ALL CAUSES OF
<br />ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,
<br />NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. THESE
<br />LIMITATIONS AND EXCLUSIONS APPLY COLLECTIVELY TO HARRIS, MICRO FOCUS, ITS
<br />PARENTS, AFFILIATES, AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE EMPLOYEES,
<br />CONTRACTORS, AND SUPPLIERS. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS
<br />SECTION 7 EXCLUDES LIABILITY FOR WILLFUL MISCONDUCT OR FRAUDULENT
<br />MISREPRESENTATION.
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<br />D. Exclusive Remedy. CUSTOMER’S REMEDIES IN THIS SCHEDULE "E", SUBSECTION C
<br />(MICROFOCUS TERMS AND CONDITIONS) ARE CUSTOMER’S EXCLUSIVE REMEDIES IN
<br />RELATION TO THE MICRO FOCUS RUNTIME SYSTEM. CUSTOMER AGREES THAT, IN ENTERING
<br />INTO THIS AGREEMENT, IT DID NOT RELY ON ANY REPRESENTATIONS (WHETHER WRITTEN OR
<br />ORAL) OF ANY KIND OTHER THAN THOSE EXPRESSLY SET OUT IN THIS AGREEMENT.
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<br />E. Essential Purpose. CUSTOMER FURTHER ACKNOWLEDGES THAT THE LIMITATIONS AND
<br />EXCLUSIONS OF LIABILITY IN THIS SECTION 7 APPLY TO THE FULLEST EXTENT PERMITTED BY
<br />LAW AND ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT, IN THE ABSENCE OF
<br />SUCH LIMITATIONS AND EXCLUSIONS, THE PRICING AND OTHER TERMS AND CONDITIONS SET
<br />FORTH HEREIN WOULD BE SUBSTANTIALLY DIFFERENT. THE LIMITATIONS AND EXCLUSIONS
<br />SET FORTH IN THIS SECTION 7 SHALL APPLY EVEN IF THE CUSTOMER’S REMEDIES UNDER
<br />THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
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<br />8. HIGH RISK USES. The Micro Focus Runtime System is not fault tolerant, nor designed, manufactured, or
<br />intended for use in hazardous environments requiring fail-safe performance (including, without limitation,
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