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This guarantee shall not apply to open source codes included in the Software, if any.
If, during the term of this Agreement, any object which violates the guarantee hereunder, other than the open source codes, is found to be included in the Software, Six Apart shall make any reasonable commercial efforts to alter or replace the Software, at the cost of Six Apart, so that the Software may comply with the guarantee set out herein, without prejudice to any primary function of the Software, as the only legally available relief.
(2) For the period of one (1) year following the purchase of license for the Software, the Client shall be entitled to receive Updates and Upgrades to the latest version provided by Six Apart (hereinafter collectively referred to as the "Maintenance"), for free.
After the lapse of one (1) year following the purchase of the license, the Client has to purcahse the license again to receive the Maintenance.
The use of the Software shall be limited to the number of Users and the number of Servers set forth in this Agreement. For the avoidance of doubt, any rights to the Software not specifically licensed hereunder shall be reserved by Six Apart. Technical Support, Maintenance (1) Technical supports for the Software shall be provided by a partner company of Six Apart for value.
The Client shall enter into a separate agreement with such partner company of Six Apart on an individual basis concerning the contents of technical supports.
You can purchase and launch the latest versions of Movable Type quickly and easily.(2) Any and all risks pertaining to the quality and performance of the Software, program errors in the installation and use, damage to devices, loss of data and software programs, nonperformance or suspension or otherwise shall be borne by the Client.The Client shall determine the suitability of use of the Software at its own responsibility, and bear any and all risks pertaining to such use. Termination (1) If the Client violates any provision of this Agreement, Six Apart may terminate this Agreement without giving notice. 227.7202-1 through 27.7202-4 shall apply concurrently and any and all United States end users shall obtain the Software within the extent of the rights stipulated in the said provisions.The Client may not pursue any other legal relief in connection with the violation of guarantee set out in this Article. Limitation on Guarantee relating to Function of Software (1) The Software shall be furnished on as-is basis and shall not provide any security or guarantee whether express or implied.