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<br /> 10.02 Itron shall have no liability under paragraph 10.01 for <br /> any claim based upon the combination, operation or use of the System <br /> or any component thereof with equipment or data not manufactured by <br /> Itron, or based on any alteration of the System. Similarly, Itron <br /> shall have no liability for any claim based upon the combination, <br /> operation or use of any System or any component thereof supplied <br /> hereunder with any program other than or in addition to software <br /> supplied by Itron if such claim would have been avoided by use of <br /> another program whether or not capable of achieving the same <br /> results. <br /> 10.03 Paragraphs 10.01 and 10.02 state the entire obligation <br /> of Itron with respect to infringement of patents and copyrights in <br /> relation to the System and Buyer shall have no further right or <br /> claim whatsoever against Itron in respect thereof. <br /> 11. Warranty <br /> 11.01 Itron warrants that each Itron manufactured component <br /> of the System will be free from defects in material and workmanship <br /> for a period of ninety (90) days form the date of installation of <br /> the item. The Buyer ~grees to furnish Itron full and free access to <br /> such component. Itron shall repair or provide an equivalent <br /> replacement of such item deemed defective, at no charge to Buyer <br /> during this warranty period. <br /> 11. 02 The warranties provided by Itron under this Software <br /> License are in lieu of all other warranties, whether express, <br /> implied or statutory, including but not limited to implied <br /> warranties of merchantability and fitness for a particular purpose. <br /> In no event shall Itron be liable, whether in contract, in tort or <br /> on any other basis, for any damages sustained by Buyer or any other <br /> person arising from or related to loss of use, failure or <br /> interruption in the operation of any'part of the System, or for <br /> incidental, consequential or indirect damages or liabilities, or for <br /> loss of revenue, loss of business, or other financial loss arising <br /> out of or in connection with the sale, maintenance, use, <br /> performance, failure or interruption of the System or any component <br /> thereof. <br /> 11.03 The warranties provided by Itron under this Software <br /> License do not include the following services: <br /> (a) repair of damage or increase in service time caused by <br /> failure to continually provide a suitable installation <br /> environment with all facilities prescribed by the <br /> applicable Itron installation manual; <br /> (b) repair of damage or increase in service time caused by the <br /> use of the System for other than data processing purposes <br /> for which it was designed; <br /> 5 <br />