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SECTION 3 - SCOPE OF AUTHORIZED USE <br /> 3.1 For the License fee, plus charges which are due and payable upon Customer's execution of <br /> this Agreement, Owner shall furnish Customer with (1) copy of the Licensed Software, including <br /> documentation. <br /> 3.2 As specified on page one hereof, Customer is granted a perpetual, nontransferable, non- <br /> assignable license to use the Software for Customer's In-house use. Customer shall not have the <br /> right to sublicense the Licensed Software in any manner. <br /> 3.3 Customer shall not assign or otherwise transfer this License or the Licensed Software or any <br /> part hereof by operation of law or otherwise directly or indirectly, including but no limited to any joint <br /> venture or combination arrangements with any other person or entity. <br /> 3.4 Customer warrants that it is not a DP Professional. <br /> 3.5 Customer understands and agrees that it shall not use the Licensed Software in any Customer <br /> or Site except the Customer and Site designated on the face side hereof, unless a different customer <br /> or site is approved, in writing, by Owner, which approval shall not be unreasonably withheld. <br /> SECTION 4 -WARRANTY AND LIMITATION OF LIABILITY <br /> 4.1 Customer acknowledges that the Licensed Software is of such complexity that it may have <br /> inherent defects and agrees that as owners liability and as customers remedy, owner will provide all <br /> reasonable programming services to correct documented code errors which owners diagnosis <br /> indicated were caused by a defect in an unaltered version of the delivered licensed software. This <br /> nontransferable warranty is valid One Year from the date the software is delivered, installed, and <br /> accepted by Customer. <br /> 4. 2 If Owner, is unable, within a year, to repair or replace any product to a condition as warranted, <br /> Customer shall be entitled to a refund of the purchase price upon return of the Licensed Software to <br /> Owner. <br /> 4.3 Owner shall not be liable for any loss or damage that may arise through the use of software <br /> being maintained and supported hereunder, including without limiting the generality of the foregoing, <br /> any indirect, special or consequential damages, in connection with or arising from the furnishing of <br /> maintenance and support services hereunder for and upon the software being used by Customer in <br /> its Department. <br /> 4.4 Owner warrants that the maintenance and support service hereunder shall permit the <br /> Customer to be provided with a complete and usable system for its Department. <br /> 4.5 The Customer understands after the one year warranty period expires, a maintenance <br /> agreement must be in effect or that Customer will pay by the hour for continuing support. Such <br /> Maintenance Agreement shall be presented to Customer no less than sixty (60) days prior to <br /> commencement. <br /> 5 <br />