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There is no warranty that the functions contained in the Program will meet the Library's requirements or that the operation of the Program will be uninterrupted or error free. Limitations of Remedies Dynix's and the manufacturer's entire liability and the Library's exclusive remedy shall be: a) The replacement of any diskette not meeting manufacturer's Limited Warranty and which is returned to Dynix, or b) If Dynix is unable to deliver a replacement diskette, which is free of defects or workmanship, the Library may terminate this EULA by returning the Program. Upon receipt, Dynix will return all license fees paid. In no event will Dynix or the manufacturer be liable to the Library for any damages, including lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use such Program even if the manufacturer or Dynix has been advised of the possibility of such damages or for any claim by any other party. Some states do not allow limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply. Update Policy The Program may from time to time be revised or updated. Dynix is not obligated to make available any product revisions or to supply any such revisions. General The Library may not sub-license, assign, or transfer the license or the Program except as expressly provided in the EULA. Any attempt otherwise to sub-license, assign, or transfer any of the rights, duties, or obligations hereunder shall terminate this EULA. This EULA is the complete and exclusive statement of the EULA between the Library and Dynix which supersedes any proposal or prior agreement, oral or written, and any other communications with the Library relating to the subject matter of this EULA. City of San Leandro -Page S-12 CONFIDENTIAL AND PROPRIETARY