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1. YEAR 2000 COMPLIANCE 1.1 The term "Year 2000 Compliance Warranty" shall mean, collectively, the warranties set out in this Section 1. 1.2 The Licensor represents and warrants that the Software and/or System is designed to be used continuously, prior to, during and after the 31st December 1999, and that the Software and/or System will operate during all such time periods without error relating to date data, including any error relating to different centuries or more than one century. |
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1.3 The Licensor further represents and warrants that the Software and/or System will not provide or generate invalid or incorrect results relating to date data, including any error relating to different centuries or more than one century. 1.4 The Licensor further represents and warrants that the Software and/or System has been designed to ensure Year 2000 compatibility, including, but not limited to, date data century recognition, calculations which involve same century and multi-century formulae and date values, and date data values which relate to a century. |
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1.5 The Licensor further represents and warrants that the Software and/or System includes "Year 2000 capabilities", which, for the purposes of this Agreement means that the Software and/or System will: (i) manage and manipulate data involving dates, including single century formulae and multi-century formulae, and will not cause any abnormal result or representation or deviation; and will (ii) provide that all date-related user interface operations and/or functions and/or data fields include the correct indication of century: and will (iii) provide that all date-related data operations and/or functions include the correct indication of century. 2. TERM The Year 2000 Compliance Warranty set out herein shall begin on the above date of this License Agreement, and end on 1st January 2001, subject to Section 6 below. |
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| 3. WAIVER OF LIMITATION OF LIABILITY | |
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Any provisions of the Software and/or System License Agreement which could limit or affect or negate the liability of either party to this Agreement shall have no application with respect to the Year 2000 Compliance Warranty set out herein.
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4. LIMITATION ON USE AND LIMITATION OF LIABILITY In the event that the Licensee is entitled to modify the Software and/or System under the terms of the License Agreement, the Licensee agrees not to modify the Software and/or System in any manner that can affect the performance of the Software and/or System in such a way as to cause it to fail to meet the Year 2000 Compliance Warranty set out herein. There shall be no liability on the part of the Licensor for any failure of the Software and/or System to confirm to the Year 2000 Compliance Warranty to the extent that any such failure is attributed to any modification of the Software and/or System by the Licensee. |
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5. PROVISIONS OF COMPLIANCE AGREEMENT TAKING PRECEDENCE. In the event of any conflict or apparent conflict between the terms and conditions of the License Agreement and the terms and conditions of this Compliance Agreement, then the terms and conditions of this Compliance Agreement shall take precedence. Except to any extent otherwise set out herein, the terms and conditions of the License Agreement shall remain in full force and effect. |
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6. ENTIRE AGREEMENT This Compliance Agreement, together with the License Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof. This Compliance Agreement shall not be modified except by specific written agreement signed by both parties. In witness whereof the parties have executed this Agreement the day and date first set out above. |
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