OR PAIL BY MEDQUIST WITHOUT CONSENT OF
CUSTOMER.
CUSTOMER AGREES TO EXECUTE ALL DOCUMENTS AND CONSENTS REQUESTED BY
MEDQUIST TO COMPLETE ANY ASSIGNMENT BY MEDQUIST.
8.
CUSTOMER AGREES TO KEEP THE SOFTWARE AND DOCUMENTATION AT THE
LOCATION(S) OF ITS DESIGNATED DATA PROCESSORS, AS SET FORTH IN PARAGRAPH 2
ABOVE. CUSTOMER AGREES TO RETURN THE SOFTWARE OR DOCUMENTATION DELIVERED BY
MEDQUIST UNDER THIS EULA IMMEDIATELY UPON CUSTOMER RELINQUISHING POSSESSION OF
ANY OF SAID DATA PROCESSORS, EXCEPT TO THE EXTENT THAT THE SOFTWARE OR
DOCUMENTATION HAS BEEN TRANSFERRED TO REPLACEMENT DATA PROCESSORS POSSESSED BY
CUSTOMER OR TO THIRD PASTIES IN ACCORDANCE WITH PARAGRAPH 7 ABOVE.
9.
MEDQUIST WARRANTS THAT IT HAS AND CONVEYS GOOD TITLE TO THE
SOFTWARE. MEDQUIST WARRANTS THAT THE SOFTWARE WILL PERFORM TO THE SPECIFICATIONS
IDENTIFIED WITHIN THE USER DOCUMENTATION CURRENT AT THE TIME OF SOFTWARE SALE.
DOCUMENTATION AND MEDIA CONTAINING SOFTWARE OR DOCUMENTATION ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
MEDQUIST DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR DOCUMENTATION WILL
MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF
25
THE SOFTWARE OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR FREE. SHOULD THE
DOCUMENTATION PROVE DEFECTIVE, CUSTOMER ALONE ASSUMES THE ENTIRE COST OF ALL
NECESSARY CORRECTIONS.
10.
MEDQUIST'S WARRANTY OF SOFTWARE SHALL BE VOID AND OF NO EFFECT IF:
(A) THE SOFTWARE IS NOT PROPERLY STORED, INSTALLED, OR MAINTAINED IN ACCORDANCE
WITH MEDQUIST'S RECOMMENDATIONS OR STANDARD INDUSTRY PRACTICE; (B) THE SOFTWARE
IS NOT OPERATED UNDER NORMAL CONDITIONS AND IN ACCORDANCE WITH MEDQUIST'S
RECOMMENDATIONS OR STANDARD INDUSTRY PRACTICE; (C) THE DEFECT HAS ARISEN FROM
DAMAGES OCCURRING TO THE SOFTWARE SUBSEQUENT TO MEDQUIST'S DELIVERY OR IS
RELATED TO THE USE OF UNAUTHORIZED HARDWARE OR SOFTWARE; OR (D) FAILURE OF THE
SOFTWARE DUE TO (I) INADEQUATE ELECTRICAL POWER, AIR-CONDITIONING, OR
HUMIDITY-CONTROL, (II) ACCIDENT OR DISASTER, INCLUDING WITHOUT LIMITATION, FIRE,
FLOOD WATER, WIND AND LIGHTNING, (III) NEGLECT, INCLUDING WITHOUT LIMITATION
POWER TRANSIENTS, ABUSE OR MISUSE, AND FAILURE OF THE CUSTOMER TO FOLLOW
MEDQUIST'S PUBLISHED OPERATING INSTRUCTIONS, (IV) UNAUTHORIZED, MODIFICATION OR
REPAIR OF SOFTWARE BY PERSONS OTHER THAN AUTHORIZED, REPRESENTATIVES OF
MEDQUIST, OR (V) USE OF THE SOFTWARE FOR PURPOSES OTHER THAN THOSE FOR WHICH
DESIGNED.
11.
MEDQUIST'S WARRANTY OF SOFTWARE DOES NOT INCLUDE (A) PERFORMING
SERVICES CONNECTED WITH RELOCATION OF SOFTWARE OR ADDING OR REMOVING INTERFACES,
ACCESSORIES, ATTACHMENTS OR OTHER DEVICES, (B) REPAIR OF DAMAGE DUE TO OTHER
THAN NORMAL WEAR, (C) ELECTRICAL WORK EXTERNAL TO THE SOFTWARE, (D) ANY
MAINTENANCE OF INTERFACES, ACCESSORIES, ATTACHMENTS, OR OTHER DEVICES NOT
FURNISHED BY MEDQUIST, OR (E) ANY ISSUES RESULTING FROM AN UNSUPPORTED SERVICE.
12.
THE WARRANTY MADE BY MEDQUIST HEREIN IS EXCLUSIVE AND IS MADE IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF DEALING
CUSTOM, OR USAGE OF TRADE.
IN NO EVENT, SHALL MEDQUIST BE LIABLE FOR SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS UNDER ANY