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tComputer hardware maintenance and/or warranty will be provided by the hardware <br /> manufacturer. Customer is responsible to coordinate any such services directly with the <br /> ' hardware manufacturer. <br /> B. APPLICATION SOFTWARE <br /> Upon the terms and conditions set forth herein, OSSI agrees to license to the <br /> Customer the standard application software (Licensed Program) in machine-readable <br /> form described in Exhibit B, "APPLICATION SOFTWARE", at the price set forth <br /> therein, said Exhibit being incorporated herein by reference. Additional application <br /> software may be added by OSSI to Exhibit B and installed by the Customer at an agreed <br /> ' upon price between the Customer and OSSI at such time as new application software is <br /> developed and made available by OSSI. <br /> ' C. LICENSE <br /> In consideration of payment of license fees, OSSI grants Customer a non-exclusive, <br /> ' non-transferable license to use the "Licensed Program", subject to the following terms <br /> and conditions. <br /> Customer is responsible for converting Customer's data for use with the Licensed <br /> Program except as defined in Exhibit D. OSSI will provide conversion assistance on a <br /> ' time and materials basis plus related travel and living expenses. <br /> EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OSSI <br /> DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND <br /> WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS <br /> CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, <br /> ' THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ITS <br /> MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. <br /> The cumulative liability of OSSI to Customer for all claims related to the Licensed <br /> Program and this Agreement, including any cause of action sounding in contract, tort, or <br /> strict liability, shall not exceed the total amount of all application software license fees <br /> paid to OSSI hereunder. <br /> D. SCOPE OF RIGHTS <br /> ' Customer may: <br /> ' a. Install the Licensed Program in Customer's own facility. <br /> b. Use the Licensed Program for purposes of serving the internal needs of <br /> ' Customer's business. <br /> ' CONTRACT AND AGREEMENT <br /> Page 2 <br />