5.4. ERMUSR 11-15-2016 (2) - Laserfiche WebLink

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might impair or challenge in any way any right, title or interest of Itron (or the applicable third party developers in the case of sublicensed software) in any such intellectual property rights. Customer must not alter or remove trade names,trademarks, services marks, or copyright notices and any other proprietary notices or trademarks on any Licensed Software or Documentation. 7. Software Delivery. Licensed Software will be delivered on the date and in the manner agreed to by the Parties. 8. Limited Warranties. The following warranties are the sole and exclusive warranties offered by Itron in connection with the Licensed Software. 8.1. Itron Software. Itron represents and warrants that for a period of ninety(90)days from the date of delivery to Customer,the Itron Software will operate substantially in conformance with the applicable Specifications. Customer's sole remedy for a breach of this warranty—if Itron has failed to cure the breach of warranty within in a reasonable period—will be the refund of license fees for the Licensed Software. Itron Software that is repaired or replaced pursuant to this Section will be warranted for the remainder of the original warranty period or thirty(30)days,whichever is longer. Customer's license to Itron Software for which it has received a refund hereunder shall terminate upon its receipt of a refund. The foregoing warranty does not cover third party software. 8.2. Third Party Software. ITRON IS NOT THE OWNER OF THE THIRD PARTY SOFTWARE AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,DIRECTLY OR INDIRECTLY,EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, AND FITNESS FOR USE, MERCHANTABILITY, CONDITION, QUALITY, PERFORMANCE OR NON- INFRINGEMENT OF THE THIRD PARTY SOFTWARE. WITH RESPECT TO ITRON, CUSTOMER IS PROVIDED THIRD PARTY EQUIPMENT"AS IS." THIRD PARTY SOFTWARE SHALL BE SUBJECT TO ANY WARRANTIES PROVIDED BY THE THIRD PARTY SOFTWARE LICENSOR. MODIFICATIONS MAY VOID OR OTHERWISE LIMIT ANY WARRANTY APPLICABLE TO THIRD PARTY SOFTWARE. Itron agrees to act as a liaison with the third party software licensors in regard to the third party software warranties, if any, and will use its commercially reasonable efforts to assist Customer in enforcing those warranties. 9. Exclusions from Liability. Itron shall have no obligation to Customer to the extent any Licensed Software is adversely affected by: (i)use of the Licensed Software in combination with any equipment, computer hardware and peripheral devices, operating system software, device drivers,third party software programs, computer graphic elements, and the like that are not authorized by Itron; (ii)any modification, fix,update or upgrade to the Licensed Software that is made other than by Itron; (iii)the use of a version of Licensed Software that is not supported by Itron; (iv)Customer's failure to implement a fix, update, or upgrade to Licensed Software provided by Itron; (v)the maintenance or support of Licensed Software other than by Itron; (vi)viruses introduced through no fault of Itron; or(vii) Customer's failure to follow installation, set up, and configuration instructions as described in the Documentation. 10. Effect of Termination for Cause. Upon termination of this Addendum for cause, Customer shall immediately discontinue use of the Licensed Software and Documentation and will destroy or return to Itron any and all copies of the Licensed Software and Documentation and certify to Itron in writing within fourteen(14)days after such termination that Customer has destroyed or has returned to Itron the Licensed Software and Documentation. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory, and whether or not modified or merged into other materials. Termination of this Addendum for cause will not restrict either Party from pursuing any other remedies available to it, including injunctive relief, nor will such termination relieve Customer of its 131