Common use of CUSTOMER REMEDIES Clause in Contracts

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nablet, nablet and its suppliers' entire liability and your exclusive remedy shall be, at nablet option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nabletINFRAGISTICS’S AND ITS SUPPLIERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, nablet and its suppliers' entire liability and your exclusive remedy shall beAT INFRAGISTICS’S OPTION, at nablet optionEITHER (A) RETURN OF THE PAID PRICE, either OR (aB) return of the price paid by you for the REPAIR OR REPLACEMENT OF THE SOFTWARE. PRODUCTS PURCHASED OTHER THAN DIRECTLY FROM INFRAGISTICS SHALL BE RETURNED THROUGH THE RESELLER FROM WHICH IT WAS PURCHASED. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if anyHAS RESULTED FROM ACCIDENT, (b) repair or replacement of the defective ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL THIRTY (30) daysDAY PERIOD. OUTSIDE THE UNITED STATES, whichever is longerNEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY INFRAGISTICS ARE AVAILABLE WITHOUT PROOF OF PURCHASE FROM AN AUTHORIZED INTERNATIONAL SOURCE. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET INFRAGISTICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESSOFTWARE. THE THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFRAGISTICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INFRAGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTYINCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nablet, nablet Infinity Visions and its suppliers' entire liability and your exclusive remedy shall be, at nablet Infinity Visions option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if anypaid, or (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance hardware that does not meet Infinity Visions Limited Warranty and which is returned to Infinity Visions with a copy of the Support Servicesyour receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Infinity Visions are available without proof of purchase from an authorized international source. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET INFINITY VISIONS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT , AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESANY ACCOMPANYING HARDWARE. THE THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/STATE/ JURISDICTION TO STATE/JURISDICTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOUNO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED PERMITTED BY APPLICABLE LAW, IMPLIED WARRANTIES ON IN NO EVENT SHALL INFINITY VISIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nablet, nablet DART's and its suppliers' entire liability and your exclusive remedy shall be, at nablet DART's option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if anypaid, or (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance that does not meet the LIMITED WARRANTY and which is returned to DART with a copy of your receipt within the Support ServicesWARRANTY PERIOD. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for Outside the remainder United States , neither these remedies nor any product support services offered by DART are available without proof of the original warranty period or thirty (30) days, whichever is longerpurchase from an authorized international source. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET DART AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPRODUCT. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DART OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF DART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTYINCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nablet, nablet and its suppliers' entire liability GTT′s sole obligation (and your exclusive remedy sole remedy) with respect to the foregoing Limited Warranty shall bebe to, at nablet GTT′s option, either (a) return of the price fees paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if anyGTT, (b) repair in which event you must return or replacement of the defective SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure destroy all copies of the SOFTWARE PRODUCT has resulted from accidentin accordance with GTT′s reasonable instructions, abusein which case the license granted to you shall terminate without liability on the part of GTT by reason of such termination, or misapplicationrepair or replace the SOFTWARE, provided that GTT receives written notice of applicable defects during the warranty period. Any replacement SOFTWARE PRODUCT will be warranted You hereby agree not to bring an action to enforce your remedies under the foregoing Limited Warranty, or for breach of warranty, more than one (1) year after the remainder accrual of the original warranty period or thirty (30) dayssuch cause of action. Gefle Testteknik AB Document no 111A1-KD15000-0 v1.1.1 Lang. En Date 2015-02-09 12 No Other Warranties EXCEPT AS EXPRESSLY SET FORTH ABOVE, whichever is longer. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDIMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDINGTHIRD PARTY SOFTWARE OR SOFTWARE SERVICES, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. THERE ARE NO OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. GTT DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, TITLE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH REGARD INFRINGEMENT RELATING TO THE SOFTWARE PRODUCT SOFTWARE, THIRD PARTY SOFTWARE, AND THE PROVISION SOFTWARE SERVICES. GTT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS RESULTS OF OR LIMITATIONS ON THE DURATION USE OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCTOR SOFTWARE SERVICES IN TERMS OF CORRECTNESS, IF ANYACCURACY, ARE LIMITED TO NINETY (90) DAYSRELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nablet, nablet and its suppliers' Pacific’s entire liability and your Test Engineer sole and exclusive remedy shall be, at nablet Pacific’s option, either (a) return a)return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if anyfees paid, or (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance of the Support Servicesthat does not meet Pacific’s Limited Warranty stated above, and which is returned to Pacific Power Source. This The Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. PACIFIC POWER SOURCE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. PACIFIC POWER SOURCE EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. PACIFIC POWER SOURCE ASSUMES NO LIABILITY FOR CONSEQUENTIAL DAMAGES. THE ENTIRE LIABILITY OF PACIFIC POWER SOURCE AND ITS DEALERS, DISTRIBUTORS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES ARE SET FORTH ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET AND IN NO EVENT SHALL PACIFIC OR ITS SUPPLIERS DISCLAIM ALL BE LIABLE FOR ANY DAMAGES INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION, OR ANY OTHER WARRANTIES DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION EVEN IF PACIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEST ENGINEER ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Test Engineer. WARNING PACIFIC PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND CONDITIONSTESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN THE DIAGNOSIS AND TREATMENT OF HUMANS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHO’S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN. RELIABILITY OF OPERATION OF THE SOFTWARE CAN BE IMPAIRED BY ADVERSE FACTORS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, IMPLIED WARRANTIES OF MERCHANTABILITYCOMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS FOR OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR APPLICATION DESIGNER. (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES.") ANY APPLICATION WHERE A PARTICULAR PURPOSESYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ELECTRONIC MONITORING DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, TITLE INJURY OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS. WARNING THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, EXCLUSIVE OF ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS, AND NON-INFRINGEMENT, WITH WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW, AND CONSTITUTES THE SOFTWARE PRODUCT COMPLETE AGREEMENT BETWEEN TEST ENGINEER AND THE PROVISION OF PACIFIC POWER SOURCE. IT SUPERSEDES ANY ORAL OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSWRITTEN PROPOSALS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. SOME STATES PRIOR AGREEMENTS, PURCHASE ORDERS OR ANY OTHER COMMUNICATION BETWEEN TEST ENGINEER AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PACIFIC POWER SOURCE RELATING TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAWSUBJECT MATTER OF THIS AGREEMENT. If any action is brought by either party to this Agreement against the other regarding the subject matter hereof, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCTthe prevailing party shall be entitled to recover, IF ANYin addition to any relief granted, ARE LIMITED TO NINETY (90) DAYS.reasonable attorney fees and court costs. If any provision of this Agreement is held invalid, the offending clause will be modified so as to be enforceable and, as modified, shall be fully enforced, and the remainder of this Agreement will continue in full force and effect. Contractor/manufacturer is Pacific Power Source, Inc., 17692 Fitch, Irvine, CA. 92614 PAGE 1 OVERVIEW 1 2 GETTING STARTED 3 3 INTRODUCING TEST PLAN WINDOW 7

CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nabletIOCOMP'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, nablet and its suppliers' entire liability and your exclusive remedy shall beAT IOCOMP'S OPTION, at nablet optionEITHER (A) RETURN OF THE PAID PRICE, either OR (aB) return of the price paid by you for the REPAIR OR REPLACEMENT OF THE SOFTWARE. PRODUCTS PURCHASED OTHER THAN DIRECTLY FROM IOCOMP SHALL BE RETURNED THROUGH THE RESELLER FROM WHICH IT WAS PURCHASED. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if anyHAS RESULTED FROM ACCIDENT, (b) repair or replacement of the defective ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL THIRTY (30) daysDAY PERIOD. OUTSIDE THE UNITED STATES, whichever is longerNEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY IOCOMP ARE AVAILABLE WITHOUT PROOF OF PURCHASE FROM AN AUTHORIZED INTERNATIONAL SOURCE. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET IOCOMP AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESSOFTWARE. THE THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IOCOMP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IOCOMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTYINCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.