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S-4
RENAISSANCE MEDIA GROUP LLC filed this Form S-4 on 06/12/1998
Entire Document
 
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6.  EQUIPMENT PURCHASE. Customer is fully responsible for obtaining and
installing all computer hardware, software, peripherals and necessary
communications facilities, including, but not limited to printers, servers,
power supply, workstations, printers, concentrators, communications equipment,
and routers (the "Required Equipment") that are necessary at Customer's place of
business in order for Customer to utilize the Services and the Products as
defined in this Master Agreement. Customer shall bear responsibility for the
Required Equipment, including, but not limited to, the costs of procuring,
installing, operating and maintaining such Required Equipment. At Customer's
request and subject to the terms and conditions of Schedule B, CSG will consult
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with, assist and advise Customer regarding Customer's discharge of its
responsibilities with respect to the Required Equipment, and CSG will obtain for
Customer any Required Equipment at CSG's then-current prices and on terms and
conditions set forth in a separately executed purchase agreement.

7.  PRODUCTS WARRANTIES AND REMEDIES.
(a). Limited Warranty. Except as provided in Section 8 and 9, CSG warrants that
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(i) the Products will conform to CSG's published specifications in effect on the
date of delivery and (ii) the Products will perform in a certified "Designated
Environment" (as defined in the applicable Schedules, attached hereto)
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substantially as described in the accompanying Documentation for a period of
ninety (90) days after the date of delivery (the "Warranty Period").
Additionally, CSG warrants that (i) when delivered to Customer, the Software
will be free from any viruses, disabling programming codes, or other
instructions that will interfere with or adversely affect Customer's permitted
use of the Software or that may be used to access, modify, delete, damage or
disable Customer's computer systems and (ii) that the Documentation for the
Products shall be sufficient to permit Customer to operate the Products.
Notwithstanding the foregoing, if the Customer modifies VantagePoint by altering
any of the source code provided by CSG, this limited warranty will be void as it
relates to VantagePoint. Except as set forth in Schedule H, CSG provides all
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third party software, including the "Incorporated Third Party Software" (as
defined below in Section 8), AS IS. Customer acknowledges that (i) the Products
and the Incorporated Third Party Software may not satisfy all of Customer's
requirements and (ii) the use of the Products and the Incorporated Third Party
Software may not be uninterrupted or error-free. Customer further acknowledges
that (i) the fees set forth in Schedule F and other charges contemplated under
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this Master Agreement are based on the limited warranty, disclaimers and
limitation of liability specified in this Section and Sections 8,9,13,14 and 15
and (ii) such charges would be substantially higher if any of these provisions
were unenforceable.

(b) Remedies. In case of breach of warranty or any other duty related to the 
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quality of the Products, CSG or its representative will correct or replace any 
defective Product or, if not practicable, CSG will accept the return of the 
defective Product and refund to Customer (i) the amount actually paid to CSG 
allocable to the defective Product, and (ii) a pro rata share of the maintenance
fees that Customer actually paid to CSG for the period that such Product was not
usable. Any such replaced Product shall provide functionally equivalent 
performance as was intended to be provided by the Product which it replaces. Any
such corrected or replaced Product shall be warranted for the remainder of the 
Warranty Period or for thirty (30) days, whichever is longer. Customer 
acknowledges that this Subsection 7(b) sets forth Customer's exclusive remedy, 
and CSG's exclusive liability, for any breach of warranty or other duty related 
to the quality of the Products. THE REMEDIES SET FORTH IN THIS PARAGRAPH ARE 
SUBJECT TO THE "LIMITATION OF REMEDIES" SET FORTH BELOW IN SECTION 14.

8.  INCORPORATED THIRD PARTY SOFTWARE OR THIRD PARTY RIGHTS. Customer 
acknowledges that the Products incorporate certain third party computer programs
and documentation (the "Incorporated Third Party Software") and/or the Products 
are licensed and the Services are offered under certain third party patent, 
copyright or other rights (the "Third Party Rights"), which are subject to the 
additional or alternative terms and conditions set forth in Schedule H, as 
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applicable (the "Incorporated Licenses"). In case of any conflict between this 
Master Agreement and the Incorporated Licenses, the terms of the Incorporated
Licenses will prevail with respect to the Incorporated Third Party Software or 
the Third Party Right. The fees, if any, for the Incorporated Third Party 
Software that may be due in connection with this Master Agreement are set 
forth in Schedule F. CSG will be responsible for paying any fees for the Third 
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Party Rights that may be due in connection with this Master Agreement. Customer 
will execute the additional documents that such vendors may require to enable 
CSG to deliver the Incorporated Third Party Software to Customer. Except as 
otherwise provided in Schedule H, CSG makes no warranty and provides no 
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indemnity with respect to the Incorporated Third Party Software or the Third 
Party Rights.

9.  OTHER THIRD PARTY SOFTWARE. Customer acknowledges that CSG will deliver the 
System together with certain third party software than Incorporated Third Party 
Software, and that Customer's rights and obligations with respect to such other 
third party software are subject to the license terms accompanying the specific 
item of third party software. CSG is not a party to any license between Customer
and any licensor of such third party software, and CSG 

CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES FOR
 THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE 
                          THEIR RESPECTIVE COMPANIES