WARRANTY Licensor warrants that at the time of delivery of a copy of System and for a period of one (1) year thereafter such copy of System shall perform substantially in accordance with the specifications contained in the user's manual. The extent of Licensor's liability under this warranty shall be limited to the correction or replacement as soon as possible of any defective item(s) in such copy of System (or any subsequent releases of System) which Licensor determines to be necessary, at Licensor's own cost and expense, provided written notice of such defective item(s) is given to Licensor during the warranty period. This warranty shall not apply if; (i) an item of System shall not be used in accordance with Licensor's instructions; (ii) an item of System shall have been altered, modified or converted by Licensee without the prior written approval of Licensor; (iii) Licensee's operating system shall have been altered, modified or converted without the prior written approval of Licensor; (iv) any of Licensee's equipment shall malfunction; or (v) any other cause within the control of Licensee shall result in an item of System becoming inoperative. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.