CARSOFT HAS NO CONTROL OF THE CONDITIONS UNDER WHICH LICENSEE USES THE SOFTWARE. THEREFORE, CARSOFT CANNOT AND DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED BY ITS USE. HOWEVER, CARSOFT PROVIDES THE FOLLOWING LIMITED PERFORMANCE WARRANTIES: a. CARSOFT WARRANTS THAT THE MAGNETIC MEDIA ON WHICH THE SOFTWARE IS RECORDED IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. CARSOFT WARRANTS THAT THE SOFTWARE ITSELF WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS SPECIFICATIONS. b. CARSOFT WILL REPLACE ANY MAGNETIC MEDIA WHICH PROVES DEFECTIVE IN MATERIAL OR WORKMANSHIP DURING THE WARRANTY PERIOD, WITHOUT CHARGE. c. CARSOFT WILL EITHER REPLACE OR REPAIR ANY SOFTWARE THAT DOES NOT PERFORM IN ACCORDANCE WITH ITS SPECIFICATIONS WITH A CORRECTED COPY OF THE SOFTWARE OR CORRECTIVE CODE OR INSTRUCTIONS AT CARSOFT?S SOLE OPTION. c. DURING THE INITIAL TWELVE (12) MONTHS OF USE IF CARSOFT IS UNABLE TO REPLACE THE DEFECTIVE MEDIA OR IF CARSOFT IS UNABLE TO PROVIDE CORRECTED SOFTWARE WITHIN A REASONABLE TIME, CARSOFT WILL EITHER REPLACE THE SOFTWARE WITH A FUNCTIONALLY SIMILAR PROGRAM OR TERMINATE THIS LICENSE WITHOUT FURTHER LIABILITY TO LICENSEE, AND REFUND TO LICENSEE AN AMOUNT FOR THE EQUIPMENT FOR THE PRIOR PERIOD DURING WHICH THE EQUIPMENT WAS RENDERED NON-FUNCTIONING BY THE FAILURE OF THE SOFTWARE, PROVIDED THAT IN NO CASE SHALL SAID REFUND EXCEED TWENTY FIVE PERCENT (25%) OF ORIGINAL PURCHASE PRICE. e. THE ABOVE WARRANTIES ARE MADE FOR THE TERM OF THIS AGREEMENT. f. CARSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE?S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THIS WARRANTY DOES NOT COVER ANY SOFTWARE OR HARDWARE WHICH HAS BEEN SUBJECTED TO ANY DAMAGE OR ABUSE. THE WARRANTY DOES NOT COVER ANY SOFTWARE OR HARDWARE WHICH HAS BEEN ALTERED OR CHANGED IN ANY WAY BY ANY ONE OTHER THAN CARSOFT OR ITS AUTHORIZED REPRESENTATIVES. THE REPRESENTATIONS AND WARRANTIES OF CARSOFT SET FORTH IN THIS AGREEMENT WITH RESPECT TO THE SOFTWARE, IF ANY, ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY ON BEHALF OF CARSOFT OR ANY OF ITS PARENT, AFFILIATE AND SUBSIDIARY ENTITIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR USE WITH RESPECT TO THE SOFTWARE AND SAID OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. CONFIDENTIALITY: CARSOFT MAINTAINS STRICT CONFIDENTIALITY AND DOES NOT DISCLOSE CUSTOMER INFORMATION WITHOUT WRITTEN PERMISSION IN ADVANCE FROM CUSTOMER. Accordingly, Licensee hereby agrees that it shall maintain the Software as confidential, proprietary, trade secret information and shall not transfer, allow unauthorized third parties access to or assign the Software and/or any equipment in which it is resident. Licensee further agrees that the damage which would be sustained by CARSOFT from the unauthorized transfer or assignment of the Software to any unauthorized third party or granting unauthorized third party access to the Software or Licensee?s failure to maintain the confidentiality of the Software is not readily calculable and therefore agrees that it, upon such intentional or unintentional transfer or assignment of the Software to a third party or granting of access to unauthorized third parties to the Software, or its breach of the confidentiality obligation hereunder it shall pay to CARSOFT liquidated damages in the sum of Twenty Five Thousand ($25,000) Dollars which the parties hereto agree to be reasonable compensation and not a penalty. Licensee further agrees that the liquidated damages shall be in addition to any actual provable damages or equitable rights. LICENSEE FURTHER AGREES TO REFRAIN FROM DISCUSSIONS, POSTINGS, OR LISTING OF CARSOFT FEATURES, PERCEIVED PROBLEMS, CAPABILITIES, EXPERIENCES, OR INFORMATION DISCUSSED WITH CARSOFT PERSONNEL IN PUBLIC FORUM INCLUDING, BUT NOT LIMITED TO ONLINE BULLETIN BOARDS (?FORUMS? ?BBS? ?TECH MAIL?), PRINTED MEDIA, WEBSITES, WEB PAGES, ELECTRONIC MEDIA, ELECTRONIC MAIL, OR OTHER FORMS OF WRITTEN COMMUNICATIONS. SUCH DISCUSSIONS, POSTINGS, OR LISTINGS ARE A BREACH OF CONFIDENTIALITY AND WILL RESULT IN DAMAGES TO CARSOFT AND WILL RESULT IN CIVIL PENALTIES IN ADDITION TO LIQUIDATED DAMAGES SPECIFIED HEREIN.
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