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14 <br /> 3. Software Services In accordance with the terms of Exhibit B and Exhibit C, TripSpark will perform services <br /> related to Licensee's use of the Software (the "Services"). Such services may include installation, modification, testing, <br /> training, and additional services. <br /> 4. Software Acceptance Upon completing the delivery, installation, and testing of the TripSpark DriverMate <br /> Software module on five(5)tablet devices or all other individual Software modules in TripSpark's test environment, for <br /> which acceptance shall be governed by the Application Acceptance provision in the corresponding Statement of Work, <br /> Exhibit D of this Agreement, TripSpark will notify Licensee in writing. Licensee will then have ten(10)business days in <br /> which to conduct acceptance tests in order to ensure that the individual Software module operates in all material respects <br /> as specified in the Documentation. At the end of this period,Licensee will be deemed to accept the individual Software <br /> module unless TripSpark receives prior written notice outlining the nature of the perceived defects in the individual <br /> Software module. Notwithstanding the above,Licensee will be deemed to accept the individual Software module when <br /> the Licensee puts the individual Software module into operational and functional use. The individual Software module <br /> will be deemed to be in operational and functional use when the Licensee first uses the individual Software module to <br /> support its then current operations in any capacity. <br /> 5. Software Warranty TripSpark warrants that it holds title to all Software licensed and delivered pursuant to this <br /> Agreement. No warranty is provided by TripSpark with respect to the Software or any third party licensed products and <br /> third party hardware, including but not limited to tablet devices. Separate warranties may be available from the developer, <br /> distributor, or publisher of the third party licensed products. <br /> The foregoing warranty is in lieu of all other warranties or conditions,express or implied,including but not limited <br /> to any implied warranties or conditions of merchantability,merchantable quality,fitness for a particular purpose <br /> and any other warranties arising by statute or otherwise in law or from the course of dealing or usage of trade. <br /> TripSpark does not represent or warrant that this Software will meet all of Licensee's particular requirements,or <br /> that the operation of the Software will operate 100% error-free or uninterrupted,or that all program errors in the <br /> Software can be found in order to be corrected. <br /> The parties acknowledge and agree, third party sms/messaging services ("Third Party Transaction Services") are <br /> provided "as is" and "as available". TripSpark disclaims all representation and warranties, express, implied, or <br /> statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non- <br /> infringement. TripSpark makes no representation, warranty or guarantee regarding the reliability, timeliness, <br /> quality, suitability, or availability of the Third Party Transaction Services or that such Third-Party Transaction <br /> Services will be uninterrupted or error-free. <br /> 6. Software Maintenance During any annual support period for which maintenance fees have been paid in full by <br /> Licensee: <br /> (a) TripSpark will maintain the Software so that it operates in conformity in all material respects with the <br /> descriptions and specifications for the Software set forth in the Documentation; <br /> (b) in the event that Licensee detects any errors or defects in the Software, TripSpark will provide reasonable <br /> support services through a telephone software support line from Monday to Friday, 8 am to 5 pm EST(Except <br /> North American holidays). Upon registration by Licensee, TripSpark will also provide Licensee with access <br /> to its software support website; <br /> (c) TripSpark will post notices of available Upgrades of the Software on its website and copies of the release notes <br /> for download. TripSpark will provide Licensee with Upgrades of the Software at no additional license fee <br /> charge. <br /> 7. Payment Upon execution of this Agreement,Licensee will issue a Purchase Order to TripSpark, for <br /> the Software license fees, Service fees, Third Party Transaction Services fees,Hosting Services fees, and related expenses <br /> as set out in Exhibit B of this Agreement. TripSpark will invoice Licensee for the Software license fees, Services fees,and <br /> Third Party Transaction Services fees as set out in and according to Exhibit B of this Agreement. The gross amount of the <br /> license fee is set out in Exhibit A of this Agreement. TripSpark will invoice Licensee monthly for the Services provided, <br />