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. _ � e� o � e� 2.1 Term.The term of this License Agreement shall commence upon execution of this License Agreement • by both parties and shall end on the January 31 first following commencement. Notwithstanding,the License Agreement shall renew automatically from year to year provided that the District has received the annual report required by paragraph 1.8. 2.2 Termination for Cause.NotwiEhstanding section 2.1,the District may terminate this License Agreement at any time on written notice to User if User fails to comply with the terms and conditions of this License Agreement,and may terminate the License Agreement without cause on 30-day notice to User. 2.3 Return or Destruction of MCWMM Data. When this License Agreement has been terminated, User must either destroy all copies of the MCWMM data and provide to the District written certification of the destruction,or return all copies of the MCV✓NIM data to the District. 3.Limited Warranty and Disclaimers 3.1 Limited Warranty.The MCWMM data provided by the District are made available to User subject to the following limitations and restrictions: (a)User is responsible for the installation and use of the MCWMM data and the results or consequences obtained from User's installation or use of the MCWMM data. (b)The District does not warrant that the MCWMM data are error free,and disclaims any other warranties, express or implied,respecting this License Agreement or the MCWMM data. (c)THE MCWMM DATA,AND ASSOCIATED MANUALS,REFERENCE MATERIALS AND TECHNICAL DOCUMENTATION(IF ANY),ARE PROVIDED "AS IS"WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO THEIR PERFORMANCE, • MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MCWMM DATA IS ASSUMED BY USER. (d)THE DISTRICT SHALL NOT BE LIABLE FOR ANY INDIRECT,SPECIAL,INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES,LOSS OF PROFIT,OTHER FINANICAL LOSS,LOSS OF DATA,OR ANY OTHER DAMAGE OF ANY KIND ARISING OUT OF USER'S USE OR ATTEMPTED USE OF THE MCWMM DATA,OR ANY THIRD PARTY CLAIMS THAT MAY RESULT FROM THE USE OF THE MCWMM DATA,EVEN IF THE DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 3.2 Sole Remedies.User's sole and exclusive remedy for breach of these limited warranties shall be to return the MCWMM data to the District within sixty(60)days of receipt.The District shall replace or repair the MCWMM data at its discretion and return the MCWMM data to User. 3.3 Indemnification. User shall indemnify,defend and hold harmless the District, its officers,board members,employees and agents from any and all actions,costs,damages and liabilities of any nature related to User's use of the MCWMM data,to the degree they are the result of User's or an ACC's negligence,or other action or inaction by User or an ACC that is the basis for User's or an ACC's liability in law or equity.Nothing in this License Agreement shall be construed to waive any immunity applicable to the District or User or otherwise to create a right in any third party. 4.General Terms and Conditions � 3 .