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EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY,
<br />CAPABILITIES, OPERATIONS, PERFORMANCE, SUITABILITY, MERCHANTABILITY, FITNESS FOR A
<br />PARTICULAR PURPOSE, OR NON -INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM
<br />COURSE OF DEALING OR COURSE OF PERFORMANCE. NUPARK DOES NOT WARRANT AND
<br />SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT THE NUPARK SYSTEM
<br />WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE NUPARK SYSTEM
<br />AND/OR ITS USE WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT EVERY DEFECT IN THE
<br />NUPARK SYSTEM WILL BE CORRECTED.
<br />6.3.2 THIRD PARTY SOFTWARE DISCLAIMER. NUPARIC MAKES NO WARRANTIES
<br />OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE THIRD PARTY SOFTWARE INCLUDING,
<br />WITHOUT LIMITATION, QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, SUITABILITY,
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT, AND ALL
<br />OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE
<br />ARE HEREBY EXPRESSLY DISCLAIMED. THIRD PARTY SOFTWARE PROVIDED UNDER THIS
<br />AGREEMENT IS EXPRESSLY PROVIDED "AS IS."
<br />6.3.3 THIRD PARTY HARDWARE DISCLAIMER. NUPARK MAKES NO
<br />WARRANTIES OR REPRESENTATIONS (OTHER THAN WARRANTY OF TITLE) WITH RESPECT TO
<br />ANY THIRD PARTY HARDWARE, EXPRESS OR IMPLIED, AND SUCH WARRANTY OF TITLE IS MADE
<br />EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS
<br />TO CUSTOMER INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR
<br />REPRESENTATIONS OF QUALITY, CAPABILITIES, OPERATION, PERFORMANCE, SUITABILITY,
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT, AND ALL
<br />OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIRD PARTY HARDWARE ARE
<br />HEREBY EXPRESSLY DISCLAIMED. THIRD PARTY HARDWARE PROVIDED UNDER THIS
<br />AGREEMENT IS EXPRESSLY PROVIDED "AS IS."
<br />6.4 EXCLUSIONS. Notwithstanding any other provisions of this Agreement to the contrary, the
<br />limited warranties provided in Section 6.1 shall not apply to noneonformities, Errors, or defects of any goods or
<br />services provided by NuPark pursuant to this Agreement or any amendments thereto due to any of the following: (a)
<br />misuse of the NuPark System; (b) modification of the Licensed Software by Customer; (c) failure by Customer to
<br />utilize compatible computer and networking hardware and software; (d) failure by Customer to install updated or
<br />enhanced versions of the Licensed Software provided by NuPark; or (e) interaction with software or firmware not
<br />provided by NuPark.
<br />7. INDEMNIFICATION.
<br />7.1 Indemnification by NuPark. NuPark agrees to indemnify, defend, and hold harmless Customer
<br />and its officers, directors, employees, distributors, agents, successors, and assigns against, and pay final judgment
<br />awarded against such parties from, any third party claims which allege that the NuPark System (other than and
<br />excluding all Third Party Products) or the use thereof infringes upon, misappropriates, or violates any valid United
<br />States patents, copyrights, or trade secret rights of persons or entities who are not parties to this Agreement;
<br />provided, however, that NuPark's indemnification obligations are contingent upon the conditions that (a) Customer
<br />promptly notifies NuPark in writing no later than sixty (60) days after Customer's receipt of any notice or claim of
<br />such alleged infringement or misappropriation involving the NuPark System of which it becomes aware; (b)
<br />Customer pen -nits NuPark to control the defense, settlement, adjustment, or compromise of any such claim; (c) the
<br />claim does not result from any unauthorized modification or use of the NuPark System; (d) the claim does not result
<br />from the combination of the NuPark System with software or equipment not provided by NuPark; and (e) the claim
<br />does not result from Customer -specified customization work that is made to the NuPark System pursuant to
<br />specifications provided by Customer. Customer may employ counsel at its own expense (provided that if such
<br />counsel is necessary because NuPark does not assume control, NuPark will bear such expense), to assist it with
<br />respect to any such claim. Customer shall have no authority to settle any claim subject to this Section 7.1 on behalf
<br />of NuPark, and NuPark will not be obligated to indemnify Customer or its officers, directors, employees,
<br />distributors, agents, successors, or assigns for settlements entered into without NuPark's prior written consent.
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