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9 . Limited Warranty, Exclusive Remedy, and Disclaimer/Warranty Disclaimer .
(a) The Software, when properly installed on a computer meeting the
specifications set forth in and operated in accordance with the
Documentation, will perform in accordance with the Documentation, in
all material respects . The preceding warranty does not apply to software
with Third Party Licenses or if Licensee or an Authorized User installs or
uses the Software on or in connection with any hardware or software not
specified in the Documentation, or modifies, damages or misuses the
Software, including in any manner not specified in the Documentation .
(b) In the event of a warranty failure, CTC will, subject to Licensee’s promptly
notifying CTC in writing of such failure, repair or replace the Software,
provided that Licensee provides CTC with all information CTC requests
to resolve the reported failure, including sufficient information to enable
CTC to recreate such failure; or
(c) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 10(a),
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE
“AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF
ANY KIND . TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, CTC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES
AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE
PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO
THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT
MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE, OR TRADE PRACTICE . WITHOUT LIMITATION TO THE
FOREGOING, THE CTC PROVIDES NO WARRANTY OR UNDERTAKING,
AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED
SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE
ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY
OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE
WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY
STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS
CAN OR WILL BE CORRECTED .
10 . Limitation of Liability . IN NO EVENT WILL CTC BE LIABLE UNDER
OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL
OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY:
