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Scali MPI Connect Release 4.4 - Users Guide vi

fully obliged by the terms and conditions set out in this CERTIFICATE and SCALI’S prior

written approval of the transfer. SCALI’s approval shall anyway be deemed granted unless

contrary notice is sent from SCALI within 7 NORWEGIAN WORKING DAYS from receipt of

notification of the transfer in question from the LICENSEE.

Upon transfer, LICENSEE must deliver the SCALI SOFTWARE, including any copies and related

documentation, to the Transferee.

Compliance with Licenses

LICENSEE shall upon request from SCALI or its authorized representatives, within 30 days

following the receipt of such request, fully document and certify that the use of the SCALI

SOFTWARE is in accordance with this CERTIFICATE. If the LICENSEE fails to fully document

that this CERTIFICATE is suitable and sufficient for the LICENSEE’s use of the SCALI

SOFTWARE, SCALI will use any legal measure to protect its ownership and rights in its SCALI

SOFTWARE and to seek monetary damages from LICENSEE.

Warranty of Title and Substantial Performance

SCALI hereby represents and warrants that SCALI is the owner of the SCALI SOFTWARE.

SCALI hereby warrants that the SCALI SOFTWARE will perform substantially in accordance to

the DOCUMENTATION for the ninety (90) day period following the LICENSEE’s receipt of the

SCALI SOFTWARE (“Limited Warranty”). To make a warranty claim, the LICENSEE must return

the products to the location the SCALI SOFTWARE was purchased (“Back-to-Base”) within

such ninety- (90) day period. Any supplements or updates to the SCALI SOFTWARE, including

without limitation, any service packs or hot fixes provided to the LICENSEE after the

expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or

condition, express, implied or statutory.

If an implied warranty or condition is created by the LICENSEE’s state/jurisdiction and federal

or state/provincial law prohibits disclaimer of it, the LICENSEE also has an implied warranty or

condition, but only as to defects discovered during the period of this Limited Warranty (ninety

days). As to any defects discovered after the ninety (90) day period, there is no warranty or

condition of any kind.

Disclaimer of Warranty

Except for the limited warranty under the Clause “Warranty of Title and Substantial

Performance” above, and to the maximum extent permitted by applicable law,

SCALI and SCALI REPRESENTATIVES provide SCALI SOFTWARE and SCALI

SOFTWARE MAINTENANCE AND SUPPORT SERVICES, if any, as is and with all faults,

and hereby disclaim all other warranties and conditions, either express, implied or

statutory, including, but not limited to, any (if any) implied warranties, duties or

conditions of merchantability, of fitness for a particular purpose, of accuracy or

completeness or responses, of results, of workmanlike effort, of lack of viruses and

of lack of negligence, all with regard to the software or other deliverables by SCALI.

Also, there is no warranty or condition of title, quiet enjoyment, quiet possession,

correspondence to description or non-infringement with regard to the SCALI

SOFTWARE or the provision of or failure to provide SCALI SOFTWARE MAINTENANCE

AND SUPPORT SERVICES, SCALI does not warrant any title, performance,

compatibility, co-operability or other functionality of the DISTRIBUTED SOFTWARE

or other deliverables by SCALI.

Without limiting the generality of the foregoing, SCALI specifically disclaims any

implied warranty, condition, or representation that the SCALI SOFTWARE;

- shall correspond with a particular description;

- are of merchantable quality;

- are fit for a particular purpose; or

- are durable for a reasonable period of time.

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