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Spatialest Master Software and Services Agreement 19 <br /> <br />original and unmodified copyright, patent and other intellectual property markings as originally delivered <br />by Spatialest. <br />5. Delivery. Spatialest shall deliver one (1) copy of the ordered Software and Documentation within <br />ten (10) days after its execution of the applicable Sales Order or on such other date as may be specified <br />in the applicable Sales Order. Delivery shall be deemed to have been made upon (i) transfer of the <br />Software and Documentation by Spatialest to its shipping agent or (ii) receipt of electronic confirmation <br />by Spatialest that the electronic mail to Customer containing the instructions for downloading the <br />Software and Documentation from an FTP site has been sent . <br />6. Additional Software, Hardware and Equipment. Additional equipment and software may be <br />necessary to install and operate properly the Software as detailed in the then-current Documentation. <br />Future versions of the Software and new Spatialest products may require additional equipment and/or <br />software, as well as updated versions of the additional equipment and software. Purchase or licensing of <br />these items, if required, shall be solely the responsibility of Customer. Customer acknowledges that <br />certain third-party hardware and software products (“Third Party Products”) are provided by Spatialest as <br />a “pass through” to Customer, and such Third-Party Products are covered by a warranty offered by the <br />third-party hardware or software vendor, not Spatialest. Any such Third-Party Products shall be identified <br />as such on the Sales Order. Customer acknowledges and agrees that Spatialest makes no warranty of any <br />kind with respect to such Third-Party Products and agrees to look solely to the applicable vendor for <br />warranty support for such Third-Party Products. <br />7. Software Warranty. Spatialest warrants that for a period of ninety (90) days from the date of <br />delivery (the “Warranty Period”), the Software will perform in conformity with its Documentation, in all <br />material respects. Such warranty does not apply to Software that has been damaged, mishandled, <br />mistreated, altered or used or maintained or stored other than in conformity with the Documentation. If <br />the above warranty is breached during the Warranty Period, Spatialest will, at its option and at no cost to <br />Customer, (a) provide remedial services necessary to enable the Software to conform to the warranty, or <br />(b) replace any defective Software, or (c) accept the return of the Software and provide Customer with a <br />pro rata refund of any prepaid, unused amounts applicable to the balance of the unexpired License Term. <br />Customer will provide Spatialest with a reasonable opportunity to remedy any breach and reasonable <br />assistance in remedying any defects. Customer will notify Spatialest promptly in writing of any breach of <br />the above warranty. The remedies set out in this subsection are Customer’s sole remedies for breach of <br />the above warranty. <br />DocuSign Envelope ID: D64C7E68-26A4-4A46-BC30-54CE92CAE70D