more than once annually with reasonable notice to Customer. Notwithstanding the foregoing, any
increase in the third-party wireless carrier fees associated with the Ongoing Services will be passed
through to Customer.
2. LIMITED SOFTWARE WARRANTIES. Cale warrants that the Software will conform to Cale’s
specifications in effect on the date of the Order (the “Limited Warranty”). Cale shall make reasonable
efforts to maintain the Software and provide error corrections as necessary so that the Software
continues to conform to Cale’s specifications, but Cale shall not be required to provide new features or
new versions of the Software. Cale may, in its discretion, modify, update or upgrade the Software in a
manner that causes it not to conform to the specifications in effect as of the date of the Order or that
requires Customer to obtain new or additional hardware or other equipment to enable Customer to
access the Software. In no event shall Cale have any responsibility to correct any database errors or any
errors or damage caused by or arising out of hardware defects or input errors made by Customer. or any
other user, Customer shall promptly notify Cale of any bugs, defects or other malfunctions, not easily
cotrectable by Customer, that affect the transmission of data to or from the Software or that otherwise
inhibits a key function of the Software.
3. WARRANTY LIMITATIONS. EXCEPT FOR THE LIMITED WARRANTY, THE SOFTWARE AND
ONGOING SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF
ANY KIND, AND USE OF THE SOFTWARE IS AT CUSTOMER’S OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY, CALE DISCLAIMS ALL
EXPRESS, AND IMPLIED WARRANTIES AND CONDITIONS, WHETHER BY STATUTE, COMMON LAW,
CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE,
RELATING TO THE SOFTWARE OR ANY OTHER ONGOING SERVICES PROVIDED HEREUNDER,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALE MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
QUALITY, ACCURACY, OR COMPLETENESS OF THE ONGOING SERVICES, ANY DATA, INFORMATION,
RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE ONGOING
SERVICES OR THE ACCURACY OF THE INFORMATIONAL CONTENT, FOR ANY PURPOSE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, CALE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT THE
ONGOING SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT THE
ONGOING SERVICES WILL BE ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR
THAT THE DATA, INFORMATION, RECORDS, OR OTHER RESULTS OBTAINED FROM THE USE OF THE
ONGOING SERVICES WILL BE ACCURATE OR RELIABLE FOR ANY PURPOSE OR WILL INTEGRATE WITH
ANY OF CUSTOMER’S SYSTEMS.
4. DATA AND DATA TRANSMISSION. Customer is solely responsible for the data and content
provided to Cale in Cale’s performance of the Ongoing Services. Cale shall have no responsibility or
liability for analysis, data, recommendations, or other Services provided to Customer based upon
incorrect or Incomplete data provided to Cale by Customer. With respect to the Software, Customer is
responsible for {i) ensuring that the applicable pay stations are sending and receiving data with the
applicable components of the Software, (if) reporting promptly to Cale any discrepancies or errors
resulting from the data collected, processed or provided by Cale or its affiliates as well as any issues
related to Customer's notification systems, and (iii} verifying with its credit card processor the money
being deposited in its bank account from the applicable pay stations reporting any discrepancies to Cale
immediately. CUSTOMER DOES NOT, BY VIRTUE OF ENTERING INTO THIS CONTRACT OR ENGAGING
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