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including attacks by malicious software such as
<br />viruses, Trojan horses, worms, time bombs,
<br />cancelbots or other similar harmful or deleterious
<br />software. routines; (h} improper or abnormal use or
<br />use under abnormal conditions; (i} use in a
<br />manner not authorized by this Agreement or use
<br />inconsistent with Farragut's Documentation; (j)
<br />use of Software on equipment #hat is not in good
<br />operating condition or defects in Customer
<br />infrastructure; (k) acts of Customer, its agents,
<br />servants, employees, or any .third party; (I)
<br />servicing or support by any third party, or without
<br />written authorization by Farragut; or (m) Force
<br />Majeure. Farragut reserves the right to charge for
<br />repairs on atime-and-materials basis at Farragut's
<br />then-prevailing rates, plus expenses, and for
<br />replacements at Farragut's standard prices
<br />caused by these exclusions from warranty and
<br />support coverage.
<br />3.3 Disclaimer. TO THE MAXIMUM EXTENT
<br />PERMITTED BY APPLICABLE LAW, EXCEPT
<br />FOR THE WARRANTIES IN THIS SECTION 3,
<br />{A) THERE ARE NO WARRANTIES, EXPRESS
<br />OR IMPLIED, BY OPERATION OF LAW OR
<br />OTHERWISE UNDER THIS AGREEMENT OR IN
<br />CONNECTION WITH THE LICENSE,
<br />SOFTWARE SUPPORT OR PERFORMANCE OF
<br />OTHER SERVICES, AND (B) FARRAGUT
<br />DISCLAIMS ALL EXPRESS AND IMPLIED
<br />WARRANTIES, INCLUDING, BUT NOT LIMITED
<br />TO, THE IMPLIED WARRANTIES OF FITNESS
<br />FOR A PARTICULAR PURPOSE,
<br />MERCHANTABILITY, TITLE, AND
<br />NONINFRINGEMENT FOR ALL SOFTWARE,
<br />SOFTWARE SUPPORT AND OTHER
<br />SERVICES. THE irXPRESS WARRANTIES
<br />EXTEND SOLELY TO CUSTOMER.
<br />4. Fees.
<br />4.1 License Fees. Upon execution of this
<br />Agreement, Customer will pay Farragut the
<br />License Fees (the °License Fees") in the amount
<br />set forth on Schedule A. Farragut will invoice
<br />Customer, for the License Fees, and the License
<br />Fees are due within 30 days after the date of
<br />invoice.
<br />4.2 Annual Suoport Fees. Customer will pay
<br />Farragut the Annual Support Fee in the amount
<br />set forth on Schedule A on or before each
<br />Anniversary Date of this Agreemenf. Farragut will
<br />use reasonable efforts to invoice Customer for the
<br />Annual Support Fee at feast 60 days before the
<br />due date. Customer will pay the support fee within
<br />thirty (30} days of receipt of a correct invoice from
<br />Farragut.
<br />4.3 Additional Charges. Additional charges
<br />may apply for services and products not included
<br />in So€tware Support or for services rendered
<br />outside contracted hours or beyond normal.
<br />coverage at Customer's request, e.g., travel
<br />expenses, premium and minimum charges. Any
<br />additional charges must be mutually agreed to in
<br />advance by Customer and Farragut and
<br />documen#ed in writing wish a letter signed by
<br />Farragut's President and the Burke County
<br />Manager {or their designees), and, subject to
<br />budgeted funds, a purchase order may then be
<br />issued by the County to cover such charges,
<br />except for charges resulting from defects in
<br />Customer Infrastructure as given in Section 2.5~e}
<br />of Schedule B. Farragut wilt invoice Customer for
<br />additional charges Incurred under this Agreement.
<br />Payment is due on these invoices within 30 days
<br />after the date of invoice.
<br />4.4 Pa ent. Unless otherwise stated herein,
<br />Customer will pay Farragut any fees due under
<br />this Agreement within 30 days after the invoice
<br />date. Cusfomer shall pay Farragut all amounts
<br />due in U.S. dollars. Ali payments are to be made
<br />to Farragut at its office In Durham, North Carolina
<br />ar to such other location as is designated by
<br />Farragut by written notice to Customer. Unless
<br />otherwise expressly set forth in this Agreement, ail
<br />fees paid or due hereunder by Customer are non-
<br />refundable. If any payments are past due and the
<br />Customer has not disputed an invoice, Farragut
<br />may, withcut waiving any other available rights or
<br />remedies, (a) suspend performance under any or
<br />ail of this Agreement until payments are current,
<br />{b) decide not to accept additional SOW's or other
<br />orders from Customer under other agreements, if
<br />any, between Cus#omer and Farragut, andior (c)
<br />seek collection of alt amounts due. In the event
<br />the amount c# an invoice is disputed, County may
<br />withhold payment until the dispute is resolved by
<br />the parties, without being in material breach of this
<br />Agreemen#.
<br />4.5 Taxes and Duties. Cus#omer shalt be
<br />responsible for paying all taxes and duties in
<br />connection with this Agreement, including taxes
<br />paid or payable by Farragut or which Farragut is
<br />required to collect, in connection with the products
<br />or services provided by Farragut to Customer
<br />hereunder, or arising from Customer's use,
<br />3-
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