24-15 emsCharts Agreement.pdf

shall access or use emsCharts for any reason or purpose without the express written authorization of Vendor. 7.6 Survival after Termination. The obligations, limitations and restrictions set forth in Sections 4.1, 4.2, 4.3, 4.4, 5, 6.1, 6.2, 6.4, 7.4, 7.5, 9.1, 9.2, 9.3, 9.4, 10.1, 10.2, 10.3 and 10.4 of this Agreement shall survive any termination of this Agreement. 8. WARRANTIES 8.1 Limited Warranty. Vendor represents and warrants that: (a) it is a corporation in good standing under the laws of Pennsylvania with full authority to execute and perform this Agreement; and (b) emsCharts, emsCharts Pocket, emsCharts Mobile, and emsCharts Modules will perform in accordance with the specifications provided as part of the User Manual and in accordance with the Maintenance and Service Level Guidelines set forth in Attachment A. 8.1.1 This limited warranty shall not apply if Customer has not complied with all the requirements of this Agreement, including the hardware and software requirements set forth in the User Manual. 8.2 No Other Warranties. THE LIMITED WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (WHETHER ARISING BY COURSE OF DEALING, PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR 4 PARTICULAR PURPOSE. 8.3 No Oral or Conflicting Warranties. No Vendor employee or representative is authorized to make any promise or warranty to Customer that differs from or adds to the warranties set forth in this Agreement, and no such promise or warranty shall be effective unless set forth in writing and signed by an officer of Vendor. 9, DAMAGES, LIABILITY, LEGAL REMEDIES 9.1 Limitation of Liability. Notwithstanding anything in this Agreement to the contrary, in no event shall Vendor (or any member, officer, employee, agent or other representative) have obligations or liability to Customer or any other person for loss of profits, loss of use, loss of good will, or incidental, special or consequential damages or costs associated therewith, whether based in contract, tort, strict liability, or any other theory or form of action arising out of or in connection with any service, product, act, inaction, duty, warranty, promise, obligation or representation of Vendor (or any member, officer, employee, agent or

or form of action arising out of or in connection with any service, product, act, inaction, duty, warranty, promise, obligation or representation of Vendor (or any member, officer, employee, agent or other emsCharts Service Agreement, v12.3 Page 6 of 19