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ADVANCE! DATA CONVERSION SERVICES |
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ADVANCE
DATA CONVERSION SERVICES Representations and Warranties The Company and the services of its subcontractors are of a consulting nature. The Customer and its personnel are solely responsible to determine how, and if, they will use consulting advice and services will be used. Furthermore, because software is inherently complex and may not be completely free of errors, the Customer acknowledges that it must verify all programming work performed prior to use and must make backup copies of all licensed programs, and data on a regular basis. The Company represents that its work product and any third-party information technology, software, hardware, firmware and/or products used in the course of the Services will be Year 2000 Ready per the Manufacturer’s warranties, but does not represent or warrant that the Customer’s pre-existing system, network or programs will be Year 2000 Ready or that the Customer’s system, network or programs as modified or supplemented by the Company will be Year 2000 Ready. For purposes of this Agreement, “Year 2000 Ready” means that the Products accurately process date/time data (including, but not limited to, calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and including leap year calculations to the extent that other information technology used in combination with the Products properly exchange date/time data with it. If the Products or Services are found not to be Year 2000 Ready (“Non-Compliant”), the Customer will pursue, with the Company’s reasonable assistance, the remedies available to it under the pass-through warranties provided by any applicable third party vendor and/or manufacturer responsible for the Non-Compliant products. If such third party vendor and/or manufacturer has not remedied the Non-Compliance upon thirty days of notice by the Customer, the Company will, in its sole discretion, and on a Time and Materials basis if applicable, (i) assist Customer in identifying replacement products which shall bring Customer’s affected system into compliance; and/or, (ii) replace the Products which are in Non-Compliance, at Customer’s expense, with other product(s) substantially conforming to the warranty set forth in this section. The Customer will be solely responsible to pay any fees charged by any third party vendor to remedy the Non-Compliance. The warranty provided in this section will not apply to the extent that the Non-Compliance arises as a result of (i) modification of the Products other than by the Company, (ii) failure to promptly install a correction or update provided by the Company that would have eliminated the Non-Compliance, (iii) use of the Products with incompatible data, or (iv) the combination of the Products with other items not provided by the Company, but only if the Non-Compliance would not have arisen from use of the Company-provided Products alone. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS YEAR 2000 WARRANTY CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO IT WITH REGARD TO THE YEAR 2000 READINESS OF THE PRODUCTS AND/OR SERVICES.
ADVANCE!™ and ADVANCE! Data Conversion Services™ are trademarks of Western Midrange Corporation, Bountiful, UT. Copyright
© 1999-2000 Western Midrange Corporation. All Rights Reserved. Disclaimer: Representations and Warranties MedSeries4®, and SMS® are registered trademarks of Shared Medical Systems Corporation, Malvern, PA.
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