Data Extraction Tool

Client shall access and use Medidata’s proprietary data extraction tool (currently including SAS-on-Demand, ODM Adaptor, Biostat Adapter and Web Services), together with any documentation that Medidata may make available, e.g. functional calls (“Data Extraction Tool”) solely to generate data set programs from Client Data to facilitate the extraction of Client Data from the Application Services and into applicable data sets, text files or other file types (e.g. SAS data sets). For purposes of this Sales Order, the Subscription Services warranty provision in the Agreement shall be deleted and replaced with the following with respect to the Data Extraction Tool: “THE DATA EXTRACTION TOOL IS PROVIDED BY MEDIDATA ON AN “AS-IS” BASIS, WITHOUT WARRANTY OR SUPPORT SERVICES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DATA EXTRACTION TOOL SHALL BE BORNE BY CLIENT. THE DATA EXTRACTION TOOL IS BEING PROVIDED TO CLIENT WITHOUT ADDITIONAL CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS SALES ORDER.”