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<br />6 <br />OpenGov End User License Agreement Revised May 5, 2025 <br />deficient work. Customer must give written notice of any claim under this warranty <br />to OpenGov within 90 days of the completion of the Professional Services pursuant <br />to the applicable SOW to receive such warranty remedies. <br />8.1.3. Software Services Warranty. OpenGov further represents and warrants that for the <br />Term, the Software Services will perform in all material respects in accordance with <br />the then-current Product Documentation. The foregoing warranty does not apply to <br />(a) any Software Services that have been used in a manner other than as set forth in <br />this Agreement or (b) any pre-release features, functionality, or beta software <br />services that Customer elects to use in the beta phase of development. For any <br />breach of the Software Services warranty, OpenGov will repair or replace any <br />nonconforming Software Services so that the affected portion of the Software <br />Services operates as warranted. If OpenGov is unable to do so, Customer may <br />terminate the Agreement and Reseller will be entitled to a refund of the pre-paid, <br />unused portion of the fees from the date of the discovery of the defect. Customer <br />must give written notice of any claim under this warranty to OpenGov within 90 days <br />of Customer discovering the defect to receive such warranty remedies. <br />8.2. By Customer. Customer represents and warrants that (a) it has all right and authority <br />necessary to enter into and perform this Agreement and (b) OpenGov’s use of Customer <br />Data pursuant to this Agreement will not infringe, violate or misappropriate Intellectual <br />Property Rights of any third party. <br />8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE <br />UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE <br />RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT <br />AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” <br />AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, <br />INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, <br />TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. <br />9. Limitation of Liability <br />9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, <br />REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR <br />LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY <br />CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR <br />INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF <br />PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR <br />ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL <br />DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN <br />IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. <br />9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY <br />FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT <br />EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO RESELLER FOR THE <br />SOFTWARE SERVICES UNDER THE APPLICABLE ORDER FORM IN THE 12 MONTHS