6.2
6.3
seventy-two (72) hours of the receipt by
Customer of any such claim or notice of any
such claim and permits CSC upon request,
and at CSC's cost and expense, to assume and
control the defense or settlement thereof.
Customer agrees to cooperate with CSC in
every reasonable manner in the defense of
such claim. In defending or settling any such
claim CSC may elect to (1) obtain the right of
continued use of such System or part thereof,
which is alleged to be infringing, (ii) replace
or modify such System, or part thereof, so as
to avoid such claim of infringement and
Customer will cease use of the Release of the
System, or part thereof, which was teplaced or
modified, or (iii) if neither of the foregoing are
reasonably available, grant Customer a refund
of the license fees paid for such software as
depreciated on a three (3) year basis and
accept their return. CSC will not be obligated
to defend or settle any claim of infringement
(i) asserted by a parent, subsidiary or affiliate
of Customer, (ii) resulting from Customer's
additions to, changes in, ar modification of a
Systern, or (iti) resulting from Customer's use
of the System in combination with non-CSC
software.
CSC warrants the System when used in
accordance with its associated documentation
will be capable upon installation of accurately
processing, providing, and/or receiving date
data from, into and between the twentieth and
twenty-first centuries, including the years
1999 and 2000 along with any leap year
calculations, provided that all other products
[e.g. hardware, software and firmware] used
in combination with the System properly
exchange date data with it.
Customer acknowledges that the programs of
the System may contain Nonconformities.
CSC warrants that it will correct, at CSC's sole
cost and expense, the computer programs of
the most current edition of the system if they
fail to operate in accordance with their
manuals designated as Documentation to such
programs so long as Customer is entitled to
Maintenance for the System and has provided
CSC with notice of the Nonconformity. This
warranty is a limited warranty and does not
apply to improper use of the Products or other
external causes as more fully set out in the
Documentation.
City of Nashua MLA. 062402 STE final
RISKMASTER — Steve Evers
6.4
6.5
7.1
7.2
If CSC cannot meet its support obligations as
defined herein, then CSC will provide
Customer the then current release ofall source
code maierial relating to the most current CSC
software products which Customer has
acquired through a software license. In such
event, Customer shall only use the source
code for the purpose of maintaining the CSC
software for its internal use. The source code
will reside at the following CSC source code
Agent: McCRIRIE & CAMERON, Attorneys
and Counselors, 317 W. Main Street,
Brighton, MI 48116-1525. CSC may change
its source code agent, and CSC will provide
Customer with notice of such change,
CSC does not warrant Third Party Products
which CSC provides “AS 1S”, CSC agrees to
assign any warranty rights it may have to
Customer.
DISCLAIMER OF OTHER
WARRANTIES AND LIMITATION OF
REMEDY
THE ABOVE WARRANTIES ARE IN
LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS AND
FITNESS FOR <A_ PARTICULAR
PURPOSE.
CUSTOMER'S REMEDIES AND CSC'S
LIABILITY UNDER THIS AGREEMENT
ARE LIMITED TO THE REMEDIES
AND LIABILITIES SET FORTH IN
PARAGRAPHS 6.1, 6.2, 6.3, 6.4 AND 9.2
OF THIS AGREEMENT. IF
NOTWITHSTANDING THE ABOVE
CUSTOMER IS ENTITLED TO
RECOVER DAMAGES FROM CSC FOR
ANY REASON, THEN IN THE
AGGREGATE CSC SHALL ONLY BE
LIABLE FOR (i) PAYMENTS MADE IN
DEFENSE OF ANY INFRINGEMENT
CLAIM UNDER PARAGRAPH 6.1
ABOVE AND (ii) THE AMOUNT OF ANY
OTHER ACTUAL LOSS OR DAMAGE
WHICH IS NOT IN EXCESS OF THE
INTTIAL LICENSE CHARGE
ACTUALLY PAID BY CUSTOMER TO
CSC FOR THE PRODUCTS THAT ARE
THE SUBJECT OF CUSTOMER’S
CLAIM UNDER THIS AGREEMENT.
