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5. Warranty. A. SymPro warrants that: (i) Software will perform in accordance with SymPro's standard specifications stated in its Documentation for a period of 180 days from the date of first installation of the Software (exclusive of bug fixes, modifications or enhancements provided during the warranty period or under the Annual Maintenance and Support Plan); and, (ii) Services provided under the Plan will be performed in a professional and workmanlike manner and bug fixes, modifications, enhancements provided under the Plan will perform in accordance with SymPro's standard specifications EXCEPT FOR THE WARRANTIES STATED ABOVE, SYMPRO AND ITS LICENSORS MAKE NO OTHER WARRANTIES, WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED. SYMPRO AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. SymPro and its licensors do not warrant that the operation of the Software will be uninterrupted or error free. B. SymPro sole obligation and Licensee's sole remedy under this warranty is for SymPro, to provide such services, bug fixes or other modifications it deems appropriate, provide a functional equivalent or reperform services, if: (i) SymPro receives proper notice of any claimed Software defect during the warranty period or a claim of defective services or Software under the Plan within 10 business days of the related occurrence. Proper notice includes copies of the data, reports and written procedures documenting the claim. And, (ii) the Licensee is otherwise in compliance with this Agreement and using the current version of the Software in accordance with SymPro's standard specifications; and, (iii) SymPro is able to reproduce any claimed defect. Should SymPro determine in its sole judgment after reasonable effort that a covered defect cannot be remedied, SymPro may elect to terminate this Agreement and refund the paid, unused License Fees as to the effected Software only and a pro -rated portion of the fees paid for the Plan upon return of the Software and certification the Software is no longer in use by Licensee. C. Licensee shall pay, at SymPro's then current rates, for services performed by SymPro to correct problems or defects not covered by warranty or the Plan, including, without limitation, those traceable to Licensee's errors. All such services will be provided in accordance with SymPro's standard terms, conditions and practices. 6. Indemnification. A. SymPro hereby agrees to indemnify Licensee against any damages finally awarded against Licensee in connection with a claim that the Licensed Products directly infringe a United States copyright or patent or other intellectual property rights, provided that: (i) Licensee notifies SymPro in writing within 30 days of the claim; (ii) SymPro has sole control of the defense and all 4