REPLACED WILL BE WARRANTED
FOR SUCH PERIOD OF TIME AS IS REMAINING IN THE ORIGINAL WARRANTY PERIOD.
8.3.
THIS LIMITED WARRANTY IS SUBJECT TO THE TERMS OF SECTION 12
BELOW.
THIS LIMITED WARRANTY IS PSP'S ONLY OBLIGATIONS AND THE EXCLUSIVE REMEDY
OF MEDQUIST AND THE END USER WITH RESPECT TO THE PRODUCTS, AND PSP'S ENTIRE
LIABILITY AND ONLY WARRANTY WITH RESPECT TO THE PRODUCTS.
PSP WILL HAVE NO
RESPONSIBILITY WHATSOEVER WITH RESPECT TO THE PRODUCTS IF THE FAILURE IS DUE TO
ACCIDENT, ABUSE, OR MISAPPLICATION ON THE PART OF MEDQUIST OR THE END USER.
8.4.
MEDQUIST MAY OFFER ANY WARRANTY THAT PSP MAKES HEREUNDER TO ANY
END USERS PROVIDED THAT WARRANTY CLAIMS BY MEDQUIST'S END USERS WILL BE MADE
SOLELY AGAINST MEDQUIST AND NOT PSP. THE WARRANTIES CONTAINED IN THIS AGREEMENT
ARE SOLELY FOR THE BENEFIT OF MEDQUIST.
9.
NOTIFICATION OF UPGRADES AND UPDATES.
9.1.
PSP WILL NOTIFY MEDQUIST OF ANY REVISIONS AND UPDATES TO THE
SOFTWARE THAT AFFECT ITS OPERATION, PERFORMANCE, OR COST.
9.2.
MEDQUIST WILL APPLY ANY REVISIONS OR UPDATES TO THE SOFTWARE AS
SOON AS REASONABLY PRACTICABLE AFTER RECEIPT OF NOTIFICATION FROM PSP.
10.
MEDQUIST'S REPRESENTATIONS AND UNDERTAKINGS.
MEDQUIST REPRESENTS
AND UNDERTAKES WITH PSP THAT:
10.1.
IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROMOTE, MARKET, AND
SELL THE PRODUCTS DURING THE TERM OF THIS AGREEMENT;
10.2.
IT HAS THE RESOURCES, FACILITIES, AND FINANCIAL ABILITY TO MARKET,
DISTRIBUTE AND PROVIDE FIRST LINE CUSTOMER SUPPORT FOR THE PRODUCT AND FULFILL
ALL OF ITS OBLIGATIONS UNDER THIS AGREEMENT;
10.3.
IT WILL, IN ALL CORRESPONDENCE AND OTHER DEALINGS RELATED DIRECTLY
OR INDIRECTLY TO THE PRODUCTS, CLEARLY INDICATE THAT IT IS ACTING AS MEDQUIST
AND NOT AS THE AUTHOR OR DEVELOPER OF THE PRODUCTS;
10.4.
IT WILL NOT INCUR ANY LIABILITY ON BEHALF OF PSP, PLEDGE OR PURPORT
TO PLEDGE PSP'S CREDIT, OR PURPORT TO ACT AS AN AGENT OF PSP OR MAKE ANY
CONTRACT BINDING ON PSP;
10.5.
IT WILL NOT ALTER, OBSCURE, REMOVE, CONCEAL, OR OTHERWISE INTERFERE
WITH ANY EYE-READABLE OR MACHINE-READABLE MARKING ON THE PRODUCTS OR PACKAGING
THAT REFERS TO PSP AS AUTHOR
8
OR DEVELOPER OF THE PRODUCTS, OR THAT OTHERWISE REFERS TO PSP'S COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS;
10.6.
IT WILL PERMIT PSP OR ANY INDEPENDENT THIRD PARTY PSP RETAINS TO
ENTER MEDQUIST'S PREMISES AT A TIME MEDQUIST AGREES TO FOR THE PURPOSE OF
REVIEWING RECORDS RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION,
VERIFYING THE NUMBER OF SOFTWARE SUBLICENSES GRANTED BY OR THROUGH MEDQUIST AND
OBTAINING INFORMATION CONCERNING ANY PRODUCT COMPLAINTS);
10.7.
IT WILL NOT MODIFY, AMEND, MAKE COPIES, ADD TO, OR IN ANY WAY ALTER
ANY PRODUCT SUPPLIED TO IT UNDER THIS AGREEMENT WITHOUT PSP'S PRIOR WRITTEN
CONSENT, OR DISASSEMBLE, DECOMPILE, OR REVERSE ENGINEER THE SOFTWARE; PROVIDED,
HOWEVER, THAT MEDQUIST MAY MAKE COPIES OF THE DOCUMENTATION SOLELY FOR PURPOSES
OF USING THE DOCUMENTATION IN CONNECTION WITH ITS SUBLICENSING AND SALES EFFORTS
HEREUNDER;
10.8.
THIRD PARTY SOFTWARE, AS DEFINED IN SCHEDULE E TO THIS AGREEMENT
(THE "THIRD PARTY SOFTWARE"), THAT IS DISTRIBUTED