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<br />-; <br /> <br />5 0 Data 011111i(y <br /> <br />S.l User acknowledges that the Database is complex and that it may contain some <br />nonconformities, defects, or errors. Agency does not warrant that the Database will meet <br />User's needs or expectations, or that all nonconfomuties can or will be corrected. User <br />accepts the Database "as is." <br /> <br />6.0 Limitation On Avencv's Liahilit)'= Indemni\)' <br /> <br />6.1 Agency shall not be liable under any circumstances for any lost profits, lost <br />savings, or any other consequential damage which may arise from any use of the Database. <br />Agency shall bear no liability if the Database does not meet any panicular purpose for <br />which User may use the Database, nor shall Agency be liable under any circumstances for <br />the installation of the Database or for any results obtained from its use. <br /> <br />6.2 User shall indemnify and hold hannless Agency against all loss, damages, claims, <br />expenses or attorney's fees which may be sustained or asserted against Agency arising <br />from or connected with any breach by User of any provision of this Agreement, or from <br />any misuse by user of the data contained in the Database. <br /> <br />7.0 User's Duties upon Expiration or Termination <br /> <br />7.1 Immediately upon expiration or termination of the License granted by this <br />Agreement, User shall delete from its computers, workstations, or other storage devices all <br />copies of all or any portions of the Database which are in its possession, custody, or <br />control. User shall also deliver to Agency all paper copies of all or any portions of the <br />Database which are in its possession, ,custody or control, and notify Agency of the <br />o existence and identity of any custodian of any copy of any portion of the Database not in <br />o User's possession, custody, or control, but obtained or derived directly or indirectly from <br />~ User. User shall certify to Agency, in writing, that it has complied with the provisions of <br />-' this paragraph 7.1. <br /> <br />8.0 Remedies upon Breach <br /> <br />8.1 In the event User breaches any of the terms, conditions, covenants, or agreements <br />contained in this Agreement, the License granted by this Agreement shall immediately cease <br />and determine and Agency shall thereupon have the right to any and all legal or equitable <br />remedies, including but not limited to injunctive relief or the right to require an accounting <br />by User of any profits which User may have realized by its use of the Database in violation <br />of this Agreement. Any and all such profits realized by User by its use of the Database in <br />violation of this Amendment to Agreement shall be forthwith paid to Agency. <br /> <br />9 0 Miscellaneous <br /> <br />9.1 This Agreement, and the attached Exhibit A, constitute the complete and exclusive <br />agreement between Agency and User relating to its subject matter. This Agreement <br />supersedes all prior and contemporaneous representations, correspondence, proposals, or <br />agreements relating to its subject matter, whether oral or written. <br /> <br />9.2 This Agreement may be modified only by a written amendment signed by both <br />Agency and User, and may not be altered or supplemented by course of dealing or trade <br />usage. <br /> <br />3 <br />