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<br />-I <br /> <br />You agree that the United Nations Convention on Contracts for the International Sales of <br />Goods will not apply to our provision to you or your use of any Software. <br /> <br />Neither you nor we limit or exclude our liability to the other for death, personal injury, <br />willful misrepresentation, willful default or fraud. <br /> <br />INFRINGEMENT INDEMNITY <br />Notwithstanding your indemnity of us in the "Protection From Third Parties" section of <br />this Booklet, we will defend at our own expense or settle any action brought against you <br />to the extent it is based on a claim that your use of the Software and/or Materials <br />provided by us to you pursuant to this Booklet infringes any Berne Convention country <br />copyright or any United States of America or United Kingdom patent, trade secret or <br />trademark of any third party, and we will pay all costs and damages finally awarded in <br />any such action. <br /> <br />-I <br /> <br />Our obligation is subject to (i) prompt notice from you of any such claim or action, (ii) your <br />not having made any admission of liability or agreed to any settlement or compromise, <br />(iii) your providing to us, in a prompt and timely manner, the documents, information and <br />assistance we reasonably request, (iv) our having sole control of defending such claim or <br />action, (v) your having used the current version of the Software and Materials, as provided <br />to you by us, in compliance with the terms of this Booklet and the related Materials and <br />(vi) our obligations under this indemnity being our only obligations to you with respect to <br />any infringement claim in connection with your use of the Software. <br /> <br />EXPORT CONTROLS <br />You understand and acknowledge that our obligations to provide the Software, technical <br />assistance, any media in which any of the foregoing is contained, training and related <br />technical data (collectively "Data") will be subject in all respects to all applicable laws <br />and regulations as shall from time to time govern the export or diversion of certain <br />products and technology to and from certain countries. You warrant and agree that you <br />will comply in all respects with the export and reexport restrictions applicable to the Data <br />shipped to you and will otherwise comply with all applicable laws and regulations <br />governing export and diversion of the Software and technical data in effect from time to <br />time. <br /> <br />SUPPLEMENTAL IMAGE CD-ROM SOFTWARE LICENSE PROVISIONS <br />This subsection supplements this Software License section with respect to Software we <br />provide you for the Disbursement Image Service under which we provide you with <br />CD-ROMs and shall control in the event of conflict between it and the balance of the <br />Software License section. <br /> <br />We warrant for a period of 45 days after the CD. ROM creation date appearing on the <br />CD-ROM that such CD-ROM itself will be free of defects in material and workmanship. If <br />we provide you a CD-ROM which contains a media defect or is unreadable in its entirety, <br />you must notify us within the 45.day period. <br /> <br />Our disclaimer of warranties in this Software License section applies to CD-ROMs as well <br />as to the Software and related Materials. <br /> <br />-'- <br />