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ESL Release Notes

(A)The Licensor warrants that the Licensed Programs will after acceptance by the Licensee provide the facilities and functions set out in the Program Documentation when properly used on the Equipment and that the Program Documentation will provide adequate instruction to enable the Licensee to make proper use of such facilities and functions

(B)If the Licensor receives written notice from the Licensee after the Acceptance Date of any breach of the said warranty then the Licensor shall at its own expense and within a reasonable time after receiving such notice remedy the defect or error in question provided that the Licensor shall have no liability or obligations under the said warranty unless it shall have received written notice of the defect or error in question no later than the expiry of 6 months after the Acceptance Date

(C)The said warranty shall be subject to the Licensee complying with its obligations hereunder and to there having been made no alterations to the Licensed Programs by any person other than the Licensor. When notifying the Licensor of the existence of a defect or error the Licensee shall (so far as it is able) provide the Licensor with a documented example of such defect or error

(D)The Licensor shall have no liability or obligations under the said warranty other than to remedy breaches thereof by the provision of materials and services within a reasonable time and without charge to the Licensee. If the Licensor shall fail to comply with such obligations its liability for such failure shall be limited to a sum equal to the licence Fee. The foregoing states the entire liability of the Licensor, whether in contract or tort, for defects and errors in the Licensed Program Materials which are notified to the Licensor after the Acceptance Date

(E)The Licensee acknowledges that the Licensed Programs have not been prepared to meet the Licensee’s individual requirements and that it is therefore the responsibility of the Licensee to ensure that the facilities and functions described in the Program Documentation meet its requirements. The Licensor shall not be liable for any failure of the Licensed Programs to provide any facility or function not specified in the Program Documentation

(F)The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.