Opening of Proposals - Utility Billing System - Advanced Utility Systems - Part 3

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(b) Only where the Organization requests custom materials or documents, then upon the agreement of the parties in writing as evidenced by a duly executed scope of work, the Organization shall be the exclusive owner of all such custom, materials and documents which are developed or prepared by Harris specifically for the Organization so long as such customer materials and documents are specifically described as being deliverables that are subject to this Subsection 2.05 (b) in the relevant scope of work, except to the extent to which such materials or documents may contain pre-existing Harris materials, in which case the scope of work will describe the license for such pre-existing Harris materials. ARTICLE III. REPRESENTATIONS AND WARRANTIES Section 3.01 Warranty of Performance Harris warrants to the Organization that: (a) the Software will substantially perform as described in the Documentation if the Software is used in accordance with the Documentation, the terms of this License Agreement and where the Organization has the Required Programs and the hardware meets the requirements of Section 3.03 (b). The Organization's primary recourse in the event the Software does not conform to the Documentation is the repair and replacement of the Software. (b) it has the full right, authority and power to enter into this License Agreement and to grant to the Organization the Licenses and rights conveyed by this License Agreement; and (c) the Software is an original work of authorship. Section 3.02 No Other Warranties The express warranties contained in this Article Ill are in lieu of all other representations, warranties and conditions, express or implied, whether arising by statute or otherwise in law or from a course of dealing, or usage of trade, including all warranties related to the merchantability and fitness for a particular purpose of the Software. No warranties are provided in relation to Releases in this License Agreement. Harris reserves the right to correct any defects about which it is made aware and to produce Releases at a time of Harris's own choosing and at Harris's discretion. Without limiting the generality of the foregoing, Harris does not represent or warrant and the Organization acknowledges that there are no further representations or warranties: (a) that the functions contained in the Software will operate in the combinations which may be selected for use by the Organization or will meet the Organization's requirements and satisfy its intended results; (b) that the operation of the Software will be error free.