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such legend be a single legend affixed upon a multiple page document, which legend
identifies such document to be either proprietary, trademarked, registered, copyrighted,
confidential and/or trade secret, shall impose a duty upon Licensee not to disclose to any
third party the documentation or any information contained within such documentation,
either in writing or orally, without the express written consent of Licensor. Notwithstanding
the foregoing provision, Licensor may notify Licensee in writing within twenty (20) days
after disclosure to Licensee of documents which do not contain a legend identifying such
documents to be either proprietary, confidential and/or trade secret, that such documents
disclosed were either proprietary, trademarked, registered, copyrighted, confidential and/or
trade secret in nature. Such notice shall impose a duty upon the Licensee not to disclose to
any third party such documentation or any information contained with such documentation,
either in writing or orally, without the express written consent of Licensor. Licensee further
acknowledges that any oral information provided by Licensor to Licensee which information
is identified or summarized in writing within twenty (20) days after such oral disclosure to be
either proprietary, trademarked, registered, copyrighted, confidential and/or trade secret in
nature shall impose a duty upon Licensee not to disclose to any third party such information
disclosed by Licensor to Licensee, either in writing or orally, without the express written
consent of Licensor. The obligations of this section 7 shall not extend to any information
which is lawfully known to Licensee prior to receipt from Licensor or its distributor; or
enters the public domain through no wrongful act or breach of this Agreement by Licensee;
or is received by Licensee from a third party having a legal right to disclose such
information.
8. LIMITED WARRANTY.
Licensor warrants for a period of 90 days from the date
of commencement of this Agreement ("Warranty Period") that during the Warranty Period
the Software shall operate substantially in accordance with the functional specifications in
the User's Manual. LICENSOR FURTHER WARRANTS THAT DURING THE
WARRANTY PERIOD THE MEDIA WHICH CONTAINS THE SOFTWARE SHALL BE
FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. LICENSEE'S SOLE
AND EXCLUSIVE REMEDY, AND LICENSOR'S SOLE LIABILITY ARISING FROM
BREACHES OF THE ABOVE WARRANTIES IS THE REPLACEMENT OF
DEFECTIVE MEDIA OR, IF LICENSEE SHALL SO REQUEST, TO REFUND TO
LICENSEE THE PURCHASE PRICE FOR THE DEFECTIVE SOFTWARE AND
DOCUMENTATION, PROVIDED THAT LICENSEE NOTIFIES LICENSOR IN
WRITING OF SUCH DEFECT AND RETURNS TO LICENSOR THE DEFECTIVE
MEDIA CONTAINING THE SOFTWARE AND THE DOCUMENTATION, DURING
THE ABOVE WARRANTY PERIOD.
EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED ABOVE, THE SOFTWARE
AND DOCUMENTATION WHICH ARE THE SUBJECT OF THIS AGREEMENT ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR
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