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2 <br />© TMA Systems, LLC 01/01/16 – NC X <br />B. The Customer shall not modify, translate, reverse engineer, decompile or <br />disassemble the Software. <br /> <br />C. The Customer shall not provide access to the Software to any person other than the <br />Customer’s employees and agents. <br /> <br />D. The Customer shall use commercially reasonable efforts to prevent access to the <br />Software by any person other than the Customer’s employees and agents. <br /> <br />4. Company Warranties: The Company makes the following warranties and disclaimers to <br />the Customer: <br /> <br />A. The Company has developed and is the owner of the Software, and has the right to <br />grant the License to the Customer. <br /> <br />B. The functionality of the Software reasonably conforms to the standards set forth in <br />the documentation supplied with the Software. <br /> <br />C. The Company disclaims all other warranties, express or implied, including <br />merchantability and fitness for use of the Software. <br /> <br />5. Customer Warranties: The Customer makes the following warranties to the Company: <br /> <br />A. The Customer has conducted such investigations as to the functionality of the <br />Software as the Customer deemed appropriate. <br /> <br />B. The Customer has determined that the Software is suitable for the intended uses of <br />the Customer. <br /> <br />6. Limitation of Liability: The liability of the Company to the Customer arising from the <br />Customer’s use of the Software or the Company’s breach of this Agreement shall be limited <br />as follows: <br /> <br />A. The Company shall not be liable for indirect, special, incidental, or consequential <br />damages. <br /> <br />B. The aggregate liability shall not exceed the amount the Customer paid the Company <br />for the License. <br /> <br />7. New Software Versions or Modules: This Agreement shall apply to any new versions or <br />upgrades of the Software Customer may receive via a Customer Support / Maintenance <br />Agreement with the Company, and to any additional Software modules purchased by the <br />Customer. <br /> <br />8. Conflicting Terms and Conditions: In the event of a conflict between the terms of this <br />Agreement and the Customer’s purchase order, the terms of this Agreement shall control. <br />DocuSign Envelope ID: D1041CA6-DBD4-42BE-8B32-7C592BF2BA15DocuSign Envelope ID: 3E613CA5-0A37-4CD3-890F-47CC5E2F38B1