iv
without interruption. VTEL will supply Licensee, free of charge, with those releases of the VTEL Software which
VTEL, in its sole judgement, deems necessary to correct errors or malfunctions in the VTEL Software for a period
which is the earlier of (a) 180 days after the date the VTEL Software is delivered to Licensee, or (b) 90 days after
the date the VTEL Software is installed for use by Licensee. VTEL makes no warranty as to any of the following:
defects other than those which result from the VTEL Software materially failing to meet VTEL’s specifications;
defects related to Licensee’s misuse, neglect, accident or abuse of the VTEL Software or associated hardware;
defects in any VTEL Software which has been modified by Licensee; defects appearing when VTEL Software is used
in violation of this Agreement.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR
WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VTEL OR ITS LICENSORS BE LIABLE FOR DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF THE SOFTWARE EVEN IF VTEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Licensed Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial
Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. This Agreement is governed by and
constructed in accordance with the internal laws of the state of Texas and the United States, including patent and
copyright laws and shall not be affected by any conflict of laws provisions which would make Texas laws
inapplicable.
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