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available;' and does not warrant that the Software will be
<br />uninterrupted or error free, and hereby disclaims any and
<br />all liability in connection therewith. This warranty disclaimer
<br />is made regardless of whether Company knows or had a
<br />reason to know of Customer's particular needs. No
<br />employee, agent, dealer or distributor of Company is
<br />authorized to modify this limited warranty, or make any
<br />additional warranties, whether orally, in writing, or
<br />otherwise. This Section 7.4 shall be enforceable to the fullest
<br />extent permitted by applicable law.
<br />8. Customer Remedies; Limitation of Liability.
<br />8.1 if Customer finds what it reasonably believes to be a
<br />failure of the Software to substantially conform to the
<br />functional specifications in the Scope of Work, and provides
<br />Company with a written report that describes such failure in
<br />sufficient detail to enable Company to reproduce such
<br />failure, Company's and its suppliers' entire liability and
<br />Customer's exclusive remedy is for Company to use
<br />commercially- reasonable efforts to correct or provide a
<br />workaround for such failure at no additional charge to
<br />Customer. If, in Company's sole discretion, it provides
<br />Customer with replacement Software, the replacement
<br />Software will be warranted in accordance with the provisions
<br />of this Agreement for the remainder of the original warranty
<br />period or thirty (30) days, whichever is longer. Outside the
<br />United States, neither these remedies nor any product
<br />support services offered by Company are available without
<br />proof of purchase from an authorized non -U.S. source.
<br />8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
<br />LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY
<br />CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE,
<br />SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT
<br />LIMITED TO ANY LOST DATA AND LOST PROFITS, ARISING
<br />FROM OR RELATING TO THIS SLA, THE SOFTWARE, AND
<br />RELATED DOCUMENTATION. COMPANY'S TOTAL
<br />CUMULATIVE LIABILITY IN CONNECTION WITH TFIIS SLA, THE
<br />SOFTWARE, AND RELATED DOCUMENTATION, WHETHER IN
<br />CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE
<br />AMOUNT OF THE LICENSE FEE ACTUALLY PAID TO COMPANY
<br />HEREUNDER IN THE TWELVE- (12 -) MONTH PERIOD
<br />IMMEDIATELY PRECEDING THE ACTION THAT GAVE RISE TO
<br />THE CLAIM, CUSTOMER ACKNOWLEDGES THAT THE LICENSE
<br />FEE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS
<br />SLA AND THAT COMPANY WOULD NOT ENTER INTO THIS SLA
<br />WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
<br />9. Network Security Disclaimer
<br />9.1 Internet Security.
<br />Company's Software may have the ability to connect to the
<br />Internet. The Software is designed to operate within
<br />Customer's secure network environment, and the Software
<br />does not provide any mechanism for security or privacy.
<br />Specifically, the Software relies fully on Customer's security
<br />measures and implements no further security Infrastructure.
<br />Company makes no representations or warranties to
<br />Customer regarding (i) the security or privacy of Customer's
<br />network environment; or (ii) any third -party technologies' or
<br />services' ability to meet Customer's security or privacy needs.
<br />These third -party technologies and services may include, but
<br />are not limited to, operating systems, database management
<br />systems, web servers, and payment processing services.
<br />Customer is solely responsible for ensuring a secure network
<br />environment.
<br />9.2 Remote Access Security,
<br />in orderto enable code development, and Customersupport
<br />and maintenance of the Software (if purchased by Customer
<br />pursuant to a separate support and maintenance
<br />agreement), Company requires remote access capability.
<br />Remote access is normally provided by installing PC-
<br />Anywhere, ControllT, or other industry standard remote
<br />access software. It may also be provided through a Customer
<br />solution such as VPN access. Regardless of what method is
<br />used to provide remote access, or which party provides
<br />remote access software, it is Customer's responsibility to
<br />ensure that the remote access method meets Customer's
<br />security requirements. Company makes no representations
<br />or warranties to Customer regarding the remote access
<br />software's ability to meet Customer's security or privacy
<br />needs. Company also makes no recommendation for any
<br />specific package or approach with regard to security.
<br />Customer is solely responsible for ensuring a secure network
<br />environment.
<br />9.3 Outbound Services Disclaimer.
<br />Outbound services are intended to create additional
<br />methods of cornrnunication to Customer's employees who
<br />use the Software in support of existing processes. These
<br />services are not intended to replace all interaction with
<br />Customer's employees or become critical path. While the
<br />outbound services have been created with the best available
<br />tools and practices, they are dependent on infrastructure
<br />that is inherently not fail - proof, including but not limited to
<br />infrastructure such as software, computer hardware,
<br />network services, telephone services, and e -mail. Examples
<br />of situations that could cause failure include but are not
<br />limited to: down phone lines, all lines busy, equipment
<br />failure, email address changes, internet service disruptions.
<br />For this reason, while outbound services are valuable in
<br />providing enhanced communication, they are specifically not
<br />designed to be used as the sole method to deliver critical
<br />messages. Customer acknowledges that it is aware of the
<br />potential hazards associated with relying on an automated
<br />outbound service feature, when using the Software, and
<br />Customer acknowledges and agrees that it is giving up in
<br />advance any right to sue or make any claim against Company,
<br />and that Customer forever releases Company from any and
<br />all liability, if Customer, or Customer's employees, suffer
<br />injury or damage due to the failure of outbound services to
<br />operate, even though Customer does not know what or how
<br />extensive those injuries or damages might be.
<br />10. U.S. Government End Users.
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