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4 <br /> <br />© TMA Systems, LLC 01/01/16 – NC X <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 />Customer. <br /> <br />10. Return of Customer Data: Upon the termination of this Agreement by non-renewal or <br />by the Company: <br /> <br />A. Provided that Customer is not in default of any term of this Agreement, the <br />Company shall provide the Customer with a copy of the Customer’s data. <br /> <br />B. If Customer requires the data in a format other than the format provided, the <br />Company may charge the Customer a fee to convert the data to the different format <br />at the then current rate charged by the Company for professional services. <br /> <br />C. The Company shall have no obligation to archive the Customer’s data for any <br />period following the termination of this Agreement. <br /> <br />11. Notices: Notices regarding this Agreement to the Company shall be made via email to <br />notifications@tmasytems.com. <br /> <br />12. Limitation of Liability: The liability of the Company to the Customer for damages arising <br />under this Agreement shall be limited 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 Subscription in the year the damage occurred. <br /> <br />13. Conflicting Terms and Conditions: <br /> <br />A. In the event of a conflict between the terms of the Quotation and this Agreement, <br />the terms of this Agreement shall control. <br /> <br />B. In the event of a conflict between the terms of this Agreement and a Purchase Order, <br />the terms of this Agreement shall control. <br /> <br /> <br />DocuSign Envelope ID: D1041CA6-DBD4-42BE-8B32-7C592BF2BA15DocuSign Envelope ID: 3E613CA5-0A37-4CD3-890F-47CC5E2F38B1