Common use of Limited Product Warranty Clause in Contracts

Limited Product Warranty. Notwithstanding any provision to the contrary, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision to 7.1 Resonon warrants the contraryProduct (other than Software, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined and warranted below) against defects in materials and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed workmanship under normal use on or before one for a period of TWO (12) year YEARS from the date of original shipment retail purchase ("Warranty Period") by the Customer. Should a Product defect arise and a valid claim be received by Resonon during the Warranty Period, Resonon will, at its option, repair or replace the defective Product at no charge to the Customer or refund the purchase price of the Product, provided that the Customer return the Product during the Warranty Period, with transportation and customs charges prepaid, to Resonon's service center at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxx 00000. All Prior to return, the Customer must contact Resonon by phone at (000) 000-0000 or by e-mail at xxxxxxx@xxxxxxx.xxx for authorization to return a Product under this warranty. Resonon may use remanufactured, refurbished or serviceable used parts and modules in making warranty repairs. Repaired or replaced Products which are experimental Productswill be covered for the remainder of the Warranty Period. This warranty does not apply: (a) to damage caused by accident, prototypesabuse, misuse, use in hazardous activities, mishandling, flood, fire, earthquake or other external causes; (b) to damage caused by improper installation, misapplication, or Products used operating the Product outside the environmental parameters specified in field trials section 7.6; (c) to a Product that has been modified to significantly affect functionality or qualification testingcapability without the prior written permission of Resonon; or (d) to consumable parts, are not warrantedsuch as batteries, unless damage has occurred due to a defect 7.2 in materials or workmanship. All third parties’ ' Products (including software) sold by AOI Resonon carry only the original manufacturer’s 's warranty applicable to the Customer. AOI Resonon will only accept for repair, replacement or credit under under 7.3 warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar 30 days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from from 7.4 any third party. This warranty does Any Product which has been returned to Resonon but which is found to meet the applicable specification for the Product and not extend defective in workmanship and material, shall be subject to Product(s) a reasonable examination charge which may be charged to the extent such Product(s) has Customer. Where any Product is returned without an itemized statement of claimed defects, Resonon will not evaluate the Product but will return it 7.5 to the Customer at the Customer's expense. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RESONON SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF RESONON CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY RESONON IN ITS SOLE DISCRETION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS 7.6 WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. Environmental parameters. Storage temperature: -20 to 45 degrees C; Maximum operating temperature: 0 to 40 degrees C; Recommended operating temperature: 10 to 32 degrees C; Operating Relative Humidity: 20% - 80% (1) been subjected to misuse, neglect, or abuse not caused by AOI, non-condensing); Storage Relative Humidity: 20% - 95% (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belownon-condensing).

Limited Product Warranty. Notwithstanding any provision to 7.1 Resonon warrants the contraryProduct (other than Software, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined and warranted below) against defects in materials and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed workmanship under normal use on or before one for a period of ONE (1) year YEAR from the date of original shipment retail purchase ("Warranty Period") by the Customer. Should a Product defect arise and a valid claim be received by Resonon during the Warranty Period, Resonon will, at its option, repair or replace the defective Product at no charge to the Customer or refund the purchase price of the Product, provided that the Customer return the Product during the Warranty Period, with transportation and customs charges prepaid, to Resonon's service center at 000 Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxx 00000. All Prior to return, the Customer must contact Resonon by phone at (000) 000-0000 or by e-mail at xxxxxxx@xxxxxxx.xxx for authorization to return a Product under this warranty. Resonon may use remanufactured, refurbished or serviceable used parts and modules in making warranty repairs. Repaired or replaced Products which are experimental Productswill be covered for the remainder of the Warranty Period. This warranty does not apply: (a) to damage caused by accident, prototypesabuse, misuse, use in hazardous activities, mishandling, flood, fire, earthquake or other external causes; (b) to damage caused by improper installation, misapplication, or Products used operating the Product outside the environmental parameters specified in field trials section 7.6; (c) to a Product that has been modified to significantly affect functionality or qualification testingcapability without the prior written permission of Resonon; or (d) to consumable parts, are not warranted. such as batteries, unless damage has occurred due to a defect in materials or workmanship. 7.2 All third parties’ ' Products (including software) sold by AOI Resonon carry only the original manufacturer’s 's warranty applicable to the Customer. AOI Resonon will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. . 7.3 Customer must claim under the warranty in writing not later than thirty (30) calendar 30 days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does . 7.4 Any Product which has been returned to Resonon but which is found to meet the applicable specification for the Product and not extend defective in workmanship and material, shall be subject to Product(s) a reasonable examination charge which may be charged to the extent such Product(s) has Customer. Where any Product is returned without an itemized statement of claimed defects, Resonon will not evaluate the Product but will return it to the Customer at the Customer's expense. 7.5 TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RESONON SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF RESONON CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY RESONON IN ITS SOLE DISCRETION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 7.6 Environmental parameters. Storage temperature: -20 to 45 degrees C; Maximum operating temperature: 0 to 40 degrees C; Recommended operating temperature: 10 to 32 degrees C; Operating Relative Humidity: 20% - 80% (1) been subjected to misuse, neglect, or abuse not caused by AOI, non-condensing); Storage Relative Humidity: 20% - 95% (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belownon- condensing).

Limited Product Warranty. Notwithstanding any provision 8.1 THE FOLLOWING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUY NOT BY WAY OF LIMITATION, ANY WARRANT OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Company warrants to each original Buyer (“Buyer”) of Products manufactured by the Company that such Products are, at the time of delivery to the contraryBuyer, AOI’s sole free of material and exclusive obligations to the Customer for any Product workmanship defects, provided that no warranty is made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for with respect to: (a) any Product which has been returned repaired or altered in such a way, in Company’s judgment as to AOI affect the Product adversely; (b) any Product which has in Company’s judgment, been subject to negligence, accident or improper storage: (c) any Product which has not been operated and maintained in accordance with normal practice and in conformity with recommendations and published specification of Company. Any and all claims under the RMA procedure Limited Product Warranty must be submitted to Company within ninety (90) days after the date upon which the Product is claimed not to have been as defined below) warranted. Company’s obligation under this warranty is limited to use reasonable efforts to repair or, at its option, replace, during normal business hours at any authorized service facility of Company, any Products which in its judgment proved not to be as warranted within the applicable warranty period. All costs of transportation of Products claimed not to be as warranted and of repaired or replacement Products to or from such service facility shall be borne by Buyer. Company may require the return of any Product claimed not to be as warranted to one of its facilities as designed by Company, transportation prepaid by Buyer, to establish a claim under this warranty. The cost of labor for installing a repaired or replacement Product shall be borne by Buyer. Replacement parts provided under the terms of this warranty are warranted for the remainder of the warranty period of the Products upon which they are installed to the same extent as if such parts were original components thereof. Warranty services provided under the Agreement do not assure uninterrupted operations of Products; Company does not assume any liability for damages caused by any delays involving warranty service. The warranty period for the Products is as follows: 2000 hours or 12 months of service, whichever occurs first and which shall in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year no case extend beyond 18 months from the date of original shipment of the Product. All Products which are experimental Productsby Superior Diesel, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.Inc..

Limited Product Warranty. Notwithstanding any provision 5.1 Philips represents, undertakes and warrants to MedQuist that the contrary, AOI’s sole and exclusive obligations to the Customer for any Licensed Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which will perform substantially in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance conformance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one documentation accompanying such Licensed Product for a period of ninety (190) year days from the date of original shipment and acceptance of the ProductLicensed Product and documentation by MedQuist. All Products which are experimental ProductsPhilips does not, prototypeshowever, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products warrant that (including softwarea) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any operation of such Licensed Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for uninterrupted or error free; (b) the Licensed Product meets certain success rates or performance levels; nor would any warranty still be available for any (c) that the Licensed Product one year and 30 days after will meet the date requirements of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from MedQuist or any third party. If the Licensed Product fails to perform substantially in conformance with the documentation accompanying the Licensed Product during the warranty period set forth herein, then Philips, upon receipt of written complaint to that effect, will undertake all commercial endeavors to correct that non-conformity in accordance with good software engineering practices, or, if unable to do so, will replace the nonconforming Licensed Product with a functionally equivalent Licensed Product. 5.2 In order to obtain service under the terms of the warranty provided in Section 5.1 hereof, before the expiration of the appropriate warranty period, MedQuist must notify Philips in writing of the defective or non-conforming item. Philips reserves the right to charge MedQuist for any and all costs incurred by Philips in connection with allegedly defective warranty claims hereunder that Philips reasonably determines not to be non-conforming or defective as described above and under such circumstances MedQuist will pay Philips such costs promptly after its receipt of an invoice therefor. 5.3 The warranty provided in Section 5.1 hereof shall not apply if failure of the Licensed Product covered by such warranty to perform substantially in conformance with the documentation accompanying the Licensed Product has resulted from accident, abuse, modification, misapplication, improper use or faulty equipment. 5.4 EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN 5.1 THROUGH 5.3 HEREOF, THE LICENSED PRODUCT AND SERVICES ARE PROVIDED "AS IS". FURTHERMORE, THE WARRANTIES AND REMEDIES PROVIDED BY SECTIONS 5.1 THROUGH 5.3 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, AND PHILIPS MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, ORAL OR WRITTEN. IN ADDITION PHILIPS DISCLAIMS ANY IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PHILIPS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR BENEFITS. NO PHILIPS AUTHORIZED REPRESENTATIVE, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION OR ADDITION TO THE WARRANTIES PROVIDED IN SECTIONS 5.1 THROUGH 5.3. PHILIPS MAKES NO WARRANTY AS TO (A) DEFECTS IN LICENSED PRODUCT OTHER THAN THOSE WHICH MATERIALLY AFFECT PERFORMANCE IN ACCORDANCE WITH THE APPLICABLE PRINTED PRODUCT DOCUMENTATION MENTIONED ABOVE, AND (B) AS TO DEFECTS THAT APPEAR IN THE LICENSED PRODUCT USED IN VIOLATION OF THE LICENSE GRANTED HEREIN. SCHEDULE "D" Pricing and Fees Initial Sign-up fee (15 man years, as described hereinafter) 15 x 150k US$ = 2.25 M US$ payable: 500k$ on 20 September 2000 500k$ on 20 December 2000 500k$ on 20 March 2001 250k$ on 20 June 2001 250k$ on 20 September 2001 250k$ on 20 December 2001 2/nd/ and 3/rd/ level Support 2000: 0 2001: 1 person at 200k US$ / year 2002: 2 persons at 400k US$ / year 2003 (and onwards)-3 persons at 600k US$ / year Support payable per Quarter, no later than by the middle of the second month License Fees License Fees are based on a per use basis following the formula below. Note: PAYROLL lines are the lines that serve as basis to pay the transcriptionists (Payroll-Line is 65 black/white characters) ----------------------------------------------------------------------------------------------------------------------------- Year Year 2001 Year 2002 Year 2003 Year 2004 Year 2005 2000 and beyond ----------------------------------------------------------------------------------------------------------------------------- Estimated Penetration of SR applied as a percentage of 0% 4 % 13 % 25 % 45 % Pay-roll lines (A) ----------------------------------------------------------------------------------------------------------------------------- Cost per Pay-roll line via Speech * 500 Million Payroll Lines via Speech Recognition in a year at 0,012 US$ per Line Recognition from (a new count starts each year as from Jan. 1st) MedQuist to PSP (equals revenue to PSP) and for each Payroll Line via Speech Recognition in such year ** 500 Million Lines at 0,010 US$ per Line ----------------------------------------------------------------------------------------------------------------------------- Guaranteed License 0% 75% of Estimated 75% of Estimated 50% of Estimated 25% of Estimated No Guarantee. fees Penetration (A) Penetration (A) Penetration (A) Penetration (A) x Total Volume x Total Volume x Total Volume x Total Volume License fee in Pay-roll in Pay-roll in Pay-roll in Pay-roll is based on lines (both via lines (both via lines (both via lines (both via ACTUAL Speech Speech Speech Speech Pay-roll Recognition and Recognition and Recognition and Recognition and LINES via directly to directly to directly to directly to Speech transcriptionist) transcriptionist) transcriptionist) transcriptionist) Recognition in Year 2001 x in Year 2002 x in Year 2003 x in Year 2004 x x Cost per line Cost per line Cost per line Cost per line Cost per line formula (B) formula (B) formula (B) formula (B) formula (B) ----------------------------------------------------------------------------------------------------------------------------- * less than ** more than Payable in advance per Q based on estimations ALL CHARGES FOR ADDITIONAL SERVICES ( e.g. development, consultancy, training etc) will be on commercial Terms &Conditions to be negotiated in good faith This warranty does not extend to Product(s) to the extent such Product(s) has (payment is for three kind of services: 1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunctionDevelopment / Project Management / Consultancy for a MedQuist optimized ----------------------------------------------------------------------- Correction Editor. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.------------------

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOI’s JDSU's sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below) made by AOI JDSU and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s JDSU's sole option, for any Product which has been returned to AOI JDSU under the RMA procedure (as defined below) and which in the reasonable opinion of AOI JDSU is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written JDSU specification applicable specification to the Product and has in fact failed under normal use on or before before, one (1) year from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, experimental, alpha, beta, field trial or Products used in field trials or qualification testingunqualified Products, are not warranted. All third parties’ ' Products or components (including software) sold by AOI JDSU carry only the original manufacturer’s 's warranty applicable to the extent such warranty is transferable to Customer. AOI JDSU will only accept for repair, replacement coordinate the return of Product or credit under warranty Products made components supplied by third parties if expressly authorized in accordance with the applicable manufacturer's warranty provided such Product or components are returned to do so by JDSU in accordance with the relevant third partyRMA procedure set forth in Section 8. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI JDSU reserves the right, at its sole option, to issue a credit note or cash refund for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, repaired or reworked (by any party other than JDSU or its authorized agents), improperly stored or handled, used in conjunction with another product that is electronically or mechanically incompatible or of an inferior quality, or used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(sThe warranties set forth herein are non-transferable. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR OTHER RELATED DOCUMENTATION (INCLUDING WITHOUT LIMITATION ANY SPECIFICATIONS) to the extent such Product(s) has (1) been subjected to misuseTO THE CONTRARY, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowTHE PROVISIONS OF WARRANTIES SET FORTH HEREIN CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOIXalyo’s sole and exclusive obligations to the Customer Buyer for any Product made by AOI Xalyo and sold hereunder are to repair returned Product (or provide a replacement Product, Product at AOIXalyo’s sole option, ) for any Product which has been returned to AOI Xalyo under the RMA procedure (as defined below) below at section 8) and which which, in the reasonable opinion of AOI Xalyo, is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written Xalyo specification applicable specification to the Product and has in fact failed under normal use on or before one twelve (112) year months from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, prototypes or Products used in field trials or qualification testingtrials, are not warranted. All third parties’ Products products (including software) sold by AOI Xalyo carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third partyBuyer. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI Xalyo reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacementreplace. The warranty provided herein shall extend apply to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product Products or parts thereof which has have been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is are used in hazardous activities. Customer Buyer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty Xalyo warrants that services will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.be

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOIPCT’s sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below and services as warranted below) made by AOI PCT and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s PCT’ sole option, for any Product which has been returned to AOI PCT under the RMA procedure (as defined below) and which in the reasonable opinion of AOI PCT is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written PCT specification applicable specification to the Product and has in fact failed under normal use on or before one ninety (190) year days from the date of original shipment of the Product. All Products which are experimental Products, prototypes, experimental, alpha, beta, field trial or unqualified Products used in field trials or qualification testing, are not warrantedsold “as-is” and without warranty of any kind. All third parties’ ' Products (including software) sold by AOI PCT carry only the such original manufacturer’s 's warranty as may be applicable to the Customer. AOI PCT will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI PCT reserves the right, at in its sole optiondiscretion, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any applicable Product (subject to the exclusions set forth herein) which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, repaired or reworked by any party other than PCT or its duly authorized agents, improperly stored or handled, used in conjunction with another product that is electronically or mechanically incompatible or of an inferior quality, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused abused, or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty PCT warrants that services will be honored for nor would any warranty still be available for any Product one year performed in a good and 30 days after workmanlike manner in accordance with standards reasonably applicable to the date of delivery unless the warranty claim is properly prepared and presentedservices, and has already been received by AOI will reperform any services which PCT determines are not in compliance with this warranty and which Customer brings to PCT’s attention, in writing, on or before thirty (30) days immediately following completion of the applicable service. This service warranty is the only warranty that timeapplies to the provision of contract manufacturing or build to print services to Customer. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has The warranties set forth herein are non-transferable. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR OTHER RELATED DOCUMENTATION (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.INCLUDING WITHOUT

Limited Product Warranty. Notwithstanding any provision to the contrary, AOI’s sole and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision ANDA Networks warrants that its products, at the time of shipment, are free from defects in materials and workmanship and will perform substantially in accordance with the user documentation relating to the contrary, AOI’s sole product specified when operated within the temperature and exclusive obligations to all other operating conditions set forth within the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed product specifications under normal use on or before one (1) year from for the date of original shipment Limited Warranty Period. Any OEM Products will be warranted in accordance with the terms and for the periods specified in the manufacturers’ warranties that accompany the OEM Products. Buyer acknowledges that it will instruct users and installers in the proper methods and procedures as disclosed in the accompanying documentation, including safety procedures and warning notices, and in accordance with accepted industry standards and practice. Any claim by Buyer under the Limited Product Warranty must be presented to ANDA Networks in writing within [*] of the Product. All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only expiration of the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third partyLimited Product Warranty period. Any Product repaired replacement Products may be new or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Productreconditioned. AOI ANDA Networks reserves the rightright to substitute equivalent Products for defective Products, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacementdiscretion. The warranty provided herein shall extend Limited Warranty will continue to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product apply to replaced or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed repaired Products for the Product specifications remainder of the original Limited Warranty Period or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar a period of ninety-days after the claimed defect shipment of replacement Products, whichever is discoveredlonger. No warranty This Limited Product Warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has voided if: (1) the seal or serial number on the Products have been subjected to misuse, neglect, or abuse not caused by AOI, tampered with; (2) the Product’s case has been repaired opened; (3) there has been any attempted or altered actual repair or modification of the Products by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified an ANDA Networks authorized service center or approved by AOI, provider; or (4) been if the Products are used by the Buyer other than as set forth in violation the applicable Product documentation and/or listed specifications or in the manner for which it was reasonably foreseeable they were intended. [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. In addition, other than in connection with a valid Product resale, this Limited Product Warranty is neither assignable nor transferable to any subsequent purchaser/licensee. Any such transfer will void the warranty. If ANDA determines that such Product does not operate substantially in accordance with the specifications, the liability of ANDA Networks hereunder for any product which is returned by Buyer during the applicable warranty period is solely and exclusively limited to, at ANDA Networks’ option, replacement, repair, or credit at the original purchase price. Any replaced Hardware manufactured by ANDA Networks will be warranted for the remainder of the approved written instructions or specifications furnished to Customeroriginal Limited Warranty Period. For OEM Products, or (5) been subjected to improper temperature, humidity or other environmental conditionsANDA Networks assumes no responsibility for product warranties, and such action is the cause of the damage or malfunctionwill have no liability for any remedies. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowEXCEPT AS SET FORTH HEREIN, ANDA NETWORKS MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS. ANDA NETWORKS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, CONDITION, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO BUYER. IN NO EVENT SHALL ANDA NETWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, DAMAGE TO EQUIPMENT, OR THE LIKE), REGARDLESS OF WHETHER THE CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANDA NETWORKS OR ITS AGENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limited Product Warranty. Notwithstanding any provision to 7.1. Phenix warrants the contrary, AOI’s sole Product against defects in materials and exclusive obligations to the Customer for any Product made by AOI and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s sole option, for any Product which has been returned to AOI under the RMA procedure (as defined below) and which in the reasonable opinion of AOI is determined to be defective in workmanship, material, or not in compliance with the mutually agreed written applicable specification and has in fact failed workmanship under normal use on or before one for a period of ONE (1) year YEAR from the date of original shipment from Phenix ("Warranty Period") to the Customer OR 100,000 cuts (as read by software and/or external counting mechanism). Should a Product defect arise and a valid claim be received by Phenix during the Warranty Period, Phenix will, at its option, repair or replace the defective Product at no charge to the Customer, provided that the Customer return the Product during the Warranty Period, with transportation and customs charges prepaid, to Phenix’s service center at 0000 X. 00xx Xxx, Xxxxx 0, Xxxxxxx, Xxxxxxx 00000. Prior to return, the Customer must contact Phenix by e-mail at xxxxx@xxxxxxxx.xxx for authorization to return a Product under this warranty. Phenix may use remanufactured, refurbished or serviceable used parts and modules in making warranty repairs. Repaired or replaced Products will be covered for the remainder of the ProductWarranty Period. All Products which are experimental ProductsThis warranty does not apply: (a) to damage caused by accident, prototypesabuse, misuse, use in hazardous activities, mishandling, flood, fire, earthquake or other external causes; (b) to damage caused by improper installation, misapplication, or Products used operating the Product for uses outside of its intended purpose; (c) to a Product that has been modified to significantly affect functionality or capability without the prior written permission of Phenix; or (d) to consumable parts, such as batteries, unless damage has occurred due to a defect in field trials materials or qualification testing, are not warrantedworkmanship 7.2. All third parties’ ' Products (including software) sold by AOI Phenix carry only the original manufacturer’s 's warranty applicable to the Customer. AOI Phenix will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intent, neglected, improperly installed or otherwise abused or is used in hazardous activities. 7.3. Customer must claim under the warranty in writing not later than thirty (30) calendar 30 days after the claimed defect is discovered. No warranty will be honored for nor would any warranty still be available for any Product one year and 30 days after the date of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that time. The Customer must make all claims under this warranty and no claim will be accepted from any third party. 7.4. This warranty does Any Product which has been returned to Phenix but which is found to meet the applicable specification for the Product and not extend defective in workmanship and material, shall be subject to Product(s) a reasonable examination charge which may be charged to the extent such Product(s) has (1) been subjected Customer. Where any Product is returned without an itemized statement of claimed defects, Phenix will not evaluate the Product but will return it to misusethe Customer at the Customer's expense. 7.5. TO THE EXTENT PERMITTED BY LAW, neglectTHIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, or abuse not caused by AOIREMEDIES, (2) been repaired or altered by anyone other than AOI without AOI’s approvalAND CONDITIONS, (3) been installed improperly by personnel not certified or approved by AOIWHETHER ORAL OR WRITTEN, (4) been used in violation of the approved written instructions or specifications furnished to CustomerSTATUTORY, or (5) been subjected to improper temperatureEXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, humidity or other environmental conditionsPHENIX SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, and such action is the cause of the damage or malfunctionINCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowIF PHENIX CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY PHENIX IN ITS SOLE DISCRETION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOI’s MEMSCAP's sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below and services as warranted below) made by AOI MEMSCAP and sold hereunder are to repair returned Product or provide a replacement Product, at AOI’s MEMSCAP's sole option, for any Product which has been returned to AOI MEMSCAP under the RMA procedure (as defined below) and which in the reasonable opinion of AOI MEMSCAP is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written MEMSCAP specification applicable specification to the Product and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products Products, which are experimental Products, prototypes, prototypes or Products used in field trials or qualification testingtrials, are not warranted. All third parties’ ' Products (including software) sold by AOI MEMSCAP carry only the original manufacturer’s 's warranty applicable to the Customer. AOI MEMSCAP will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI MEMSCAP reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings or which are inconsistent with its design intentratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar days after the claimed defect is discovered. No warranty MEMSCAP warrants that services will be honored for nor would any warranty still be available for any Product one year performed in a good and 30 days after workmanlike manner in accordance with standards reasonably applicable to the date of delivery unless the warranty claim is properly prepared and presentedservices, and has already been received by AOI will reperform any services which MEMSCAP determines are not in compliance with this warranty which Customer brings to MEMSCAP's attention, in writing, on or before that timethirty (30) days immediately following completion of the applicable service. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(s) to the extent such Product(s) has (1) been subjected to misuse, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure below.

Limited Product Warranty. Notwithstanding any provision to the contrarycontrary (but subject to the operation of any law to the extent it cannot be excluded), AOITANOS’s sole and exclusive obligations to the Customer for any Product made by AOI TANOS and sold hereunder are to repair returned Product or provide a replacement Product, at AOITANOS’s sole option, for any Product which has been returned to AOI TANOS under the RMA RA procedure (as defined below) and which in the reasonable opinion of AOI TANOS is determined to be defective in workmanship, material, material or not in compliance with the mutually agreed written applicable specification and has in fact failed under normal use on or before one Specifications at the time the Products are released to Customer at TANOS’s facility (1) year from the date of original shipment of the Product“Release Date”). All Products which are experimental Products, prototypes, or Products used in field trials or qualification testing, are not warranted. All third parties’ Products (including software) sold by AOI carry only the original manufacturer’s warranty applicable to the Customer. AOI will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product. AOI TANOS reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes as of the Release Date and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, repaired or reworked (by any party other than TANOS or its authorized agents), improperly stored or handled, used in applications which exceed the Product specifications conjunction with another product, or ratings or which are inconsistent with its design intentused in any applications, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) calendar 30 days after the claimed defect is discovered. No warranty TANOS warrants that services will be honored for nor would performed in a good and workmanlike manner in accordance with standards reasonably applicable to the services, and will re-perform any services which TANOS determines are not in compliance with this warranty still be available for any Product one year and which Customer brings to TANOS’s attention, in writing, on or before 30 days after immediately following completion of the date applicable service. This service warranty is the only warranty that applies to the provision of delivery unless the warranty claim is properly prepared and presented, and has already been received by AOI before that timecontract manufacturing. The Customer must make all claims under this warranty these warranties and no claim will be accepted from any third party. This warranty does not extend to Product(sThe warranties set forth herein are non-transferable. NOTWITHSTANDING ANY PROVISION OF THESE TERMS OR OTHER RELATED DOCUMENTATION (INCLUDING WITHOUT LIMITATION ANY SPECIFICATIONS) to the extent such Product(s) has (1) been subjected to misuseTO THE CONTRARY, neglect, or abuse not caused by AOI, (2) been repaired or altered by anyone other than AOI without AOI’s approval, (3) been installed improperly by personnel not certified or approved by AOI, (4) been used in violation of the approved written instructions or specifications furnished to Customer, or (5) been subjected to improper temperature, humidity or other environmental conditions, and such action is the cause of the damage or malfunction. Customer is responsible for shipping and shipping expenses related to any warranty claims per the RMA procedure belowTHE PROVISIONS OF WARRANTIES SET FORTH HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECTIVE OR NONCONFORMING PRODUCTS OR SERVICES.