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agrees to secure and protect each program, software product and <br />copy thereof in a manner consistent with the maintenance of <br />Winko-Matic,'s rights therein and to take appropriate action by <br />instrution to or agreement with employees to satisfy its <br />obligations hereunder. It shall be Winko-Matic's obligation to <br />cooperate and advise the City as to appropriate security <br />measures. <br />C. City shall not make any alterations, modifications <br />or changes to the Software without obtaining the prior written <br />consent of an officer of Winko-Matic. <br />D. City shall not copy any software documentation, <br />operation or maintenance manuals without the written consent of <br />an officer of Winko-Matic. <br />E. Significant violations of these provisions may be <br />the basis for immediate termination of this license. Termination <br />of the license shall be in addition to and not in lieu of any <br />other legal or equitable remedies available to Winko-Matic. <br />III. Warrant <br />A. Winko-Matic warrants that the Software will <br />conform, in all substantial operational features, to Winko-Matic <br />system specifications as set forth in Exhibit A hereto when <br />installed in the Hardware and will be free of defects which <br />substantially affect system performance for a period of ninety <br />(90) days from the date of acceptance. Warranty period shall <br />begin upon notification to City from Winko-Matic that its <br />anticipated Software enhancement to its VMS 220 system is ready <br />for use. <br />B. City must notify Winko-Matic in writing, within <br />ninety (90) days of delivery of the Hardwre to the City and <br />execution this Agreement of any claim for any defect. If the <br />Software is found defective by Winko-Matic, Winko-Matic's sole <br />obligation under this warranty is to remedy such defect in a <br />manner consistent with Winko-Matic's regular business practices. <br />C. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY <br />WARRANTY MADE BY WINKO-MATIC. WINKO-MATIC MAKES AND LICENSEE <br />RECEIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED AND THERE ARE <br />EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS <br />FOR A PARTICULAR PURPOSE. <br />D. If any modifications are ma <br />licensee during the warranty period, <br />immediately be terminated. Correction <br />defects traceable to licensee's errors or <br />of incompatible hardware shall be billed <br />standard time and material charges. <br />de to the Software by <br />this warranty shall <br />for difficulties or <br />system changes or use <br />by Winko-Matic at its <br />- 2 - <br />