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<br />Gaylord warrants that the library shall acquire good and clear title to the Hardware <br />purchased hereunder, free and clear of all liens, claims, or encumbrances from a third <br />party. Title to the Hardware shall pass from Gaylord to the library upon payment of <br />the final balance due, as set fonh under Paragraph 2, Schedule I, Pavment Schedule. <br /> <br />Hardware purchased under this Agreement will be newly manufactured. <br /> <br />THE FOREGOING W ARRANTJES ARE IN LIEU OF ALL OTHER W ARRANTJES, <br />EXPRESSED OR Th1PLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED <br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOSE. <br /> <br />16. Software SubscriPtion Service and Maintenance <br /> <br />16.1. Telephone support and enhancements for the Software will be provided as part of the <br />annual Subscription Service fee. Subscription Service is integral to the grant of this <br />license, and payment of the annual Subscription Service fee entitles the Licensee to <br />continued use of the Software. Current list prices and their respective Subscription <br />Service prices are subject to change on an annual basis. <br /> <br />16.2. Subscription Service updates will be made available periodically. Revisions and <br />enhancements to the Software are provided on magnetic tape or on hard copy, <br />depending upon volume. The library is responsible for implementing revisions. All <br />mandatory revisions must be installed to insure proper program performance and <br />continued support. Failure by the library to install revisions may result in time and <br />materials billing at current applicable rates. <br /> <br />16.3. Gaylord reserves the right not to release enhancements to the Software during the term <br />of this agreement. Failure to release enhancements to the Software does not constitute <br />default on the part of Gaylord because of the continuation of the right to use telephone <br />support and other support-related services. <br /> <br />16.4. If Gaylord determines that a Subscription Service update requires additional or revised <br />documentation, one copy of such documentation will be provided to the Licensee. At <br />the option of Gaylord, this documentation may take the form of new manuals, change <br />plates to existing manuals, manual addenda, machine readable text, or any combination <br />of these methods. <br /> <br />16.5. Each type of program service and maintenance specified will be available unless <br />discontinued by Gaylord upon six (6) months written notice. <br /> <br />06/03/94 Paris Public Library Contract P 8 of 22 <br />