Common use of Limited Product Warranty Clause in Contracts

Limited Product Warranty. AIM warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user, that AIM-branded products purchased from AIM or Reseller will, for the period stated in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or by contacting your AIM representative, conform to the AIM written product specifications. It is the sole responsibility of the original purchaser or, for products purchased from a Reseller, the original end-user, to acquire up-to-date versions of the applicable AIM written product specifications. During the warranty period, AIM will, at its option: (1) replace any defective product with a comparable product, or (2) refund the amount you paid for any defective product, upon its return to AIM. The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligation, with respect to a breach of the warranty set forth above. In order to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.

Limited Product Warranty. AIM warrants 9.1.1 Subject to the original purchaser or, for products purchased from a Resellerthis Section 9.1.1 and Section 9.2 below, to the original end-user, that AIM-branded products purchased from AIM or Reseller willextent permitted under Applicable Law, for the period stated in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or by contacting your AIM representative, conform to the AIM written product specifications. It is the sole responsibility of the original purchaser or, for products purchased from a Reseller, the original end-user, to acquire up-to-date versions duration of the applicable AIM written product specifications. During the Iridex warranty period, AIM provided that details regarding such warranty period and detailed terms related to warranty shall be discussed and separately agreed (taking into consideration any holding periods relating to the Products) in writing by the Parties as soon as practicable after the Effective Date but in any event before March 31, 2021, Iridex warrants to Topcon that (i) the Products are free from defects in workmanship and materials and conform to Iridex’s specifications under normal use and care; (ii) the Products are free of defects in design; and (iii) upon initial delivery (and without limiting Topcon’s payment obligations hereunder), Topcon will receive good and valid title to the Products, free and clear of all security interests or liens of any kind. In the event that Iridex offers any additional extended warranty with respect to the Products without charge, Iridex shall provide such additional extended warranty available for the Products sold hereunder by Topcon. 9.1.2 Subject to the terms and conditions of this Agreement, Iridex shall be responsible for all costs and expenses relating to transporting, loading and unloading, customs, taxes, tariffs and duties, insurance, and any other similar financial contributions or obligations relating to any repairs, replacement parts or replacement Products carried out within the applicable warranty period. 9.1.3 Topcon (or its Affiliates or Subdistributors) may at its (or their) own expense provide a warranty to Customers and handle Customer warranty claims and returns for allegedly non-conforming Products in accordance with its own policies. If a Customer contacts Iridex with a warranty claim, Iridex shall refer such Customer to Topcon. 9.1.4 All Topcon warranty claims shall be made in accordance with Section 3.5 above. Subject to the foregoing and to Section 9.2 below, upon Topcon’s confirmation of Defects, Iridex will, at its option: , and upon reasonable prior written notice to and in consultation with Topcon (1including with respect to any charges below for which Topcon may seek reimbursement from Iridex), either (A) repair or replace the Product (and/or any defective product part or component thereof) at the cost of Iridex, including any reasonable applicable transportation and custom clearance charges actually paid by Topcon in accordance with a comparable productthis Agreement, or (2B) refund credit Topcon’s account for the amount you Product purchase price paid for therefor plus any defective productreasonable inspection, upon its return test and transportation and custom clearance charges actually incurred by Topcon as a result of such Defects in accordance with this Agreement. For clarity, this Section 9.1 shall not apply to AIM. The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligation, with respect to a breach of the warranty set forth above. In order to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURERExisting TMLS Inventory.

Limited Product Warranty. AIM 5.1 Kegtron warrants that each Kegtron Smart Keg Monitor sold to Customer is free from defects in materials and workmanship, for a period of one (1) year from the date of shipment, and that each Kegtron Pro Smart Keg Monitor sold to Customer is free from defects in materials and workmanship, for a period of two (2) years from the date of shipment (“Warranty”). The Warranty is expressly limited to repair or replacement of the goods, or refund of the purchase price, at Kegtron’s sole option. The Warranty shall not cover damage or defects to the original purchaser orgoods caused by accident or misuse, for products purchased from a Reselleror caused by negligence or willful misconduct of Customer and/or its personnel or agents. 5.2 The foregoing limited warranty applies only to Customer and not to indirect purchasers or users or other third parties. No other warranties, to the original end-user, that AIM-branded products purchased from AIM or Reseller will, for the period stated in the applicable written product specifications other than as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or herein are made by contacting your AIM representative, conform to the AIM written product specifications. It is the sole responsibility of the original purchaser or, for products purchased from a Reseller, the original end-user, to acquire up-to-date versions of the applicable AIM written product specifications. During the warranty period, AIM will, at its option: (1) replace any defective product with a comparable product, or (2) refund the amount you paid for any defective product, upon its return to AIM. The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligation, Kegtron with respect to a breach its products. This warranty is not transferable except with the prior written consent of an authorized representative of Kegtron. Before returning product(s) under the Warranty, Customer must contact Xxxxxxx, provide the serial number(s) of the warranty set forth above. In order products(s) to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss or damage to the product during shippingbe returned, and any other taxes, fees obtain a Return Material Authorization (“RMA”) from Kegtron. Kegtron shall provide a shipping label or charges associated with transporting labels to Customer to allow the product to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you Customer to return defective productsproduct(s) to Kegtron at Kegtron’s expense. 5.3 EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION 7, you must do so within 7 days after you receive the replacement productsALL PRODUCTS, SERVICES, AND ANY OTHER MATERIALS PROVIDED BY KEGTRON ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AIM will charge you for replacement products if you fail to do soKEGTRON EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS LIMITED CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND THAT IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE EXPRESSLY SET FORTH IN THIS SECTION AND FURTHER ACKNOWLEDGES THAT IT HAS NOT PURCHASED PRODUCTS OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. SERVICES IN RELIANCE ON ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED OR REPRESENTATION BY ANY PERSON OR ENTITY EXCEPT FOR THE ORIGINAL MANUFACTURERWARRANTIES AND REPRESENTATIONS SPECIFICALLY SET FORTH HEREIN.

Limited Product Warranty. AIM warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user, that AIM-branded products purchased from AIM or Reseller will, for the period Except as explicitly stated in this Agreement and Section 4.2, Twist warrants that at the applicable written product specifications as set forth time of delivery and for a duration of [**] following such delivery, the Products listed in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or by contacting your AIM representative, Schedule A shall conform to the AIM written product specificationsSpecifications and shall be merchantable per Twist certificate of analysis. It This warranty is expressly made contingent upon proper use of Products in the sole responsibility application for which they were intended in accordance with any instructions for use included with the Product. Twist shall not be liable for any of the original purchaser orforegoing with respect to any product labeling provided or used by SOPHiA or for any noncompliance with the foregoing due to the handling, packaging, or installing of Product by SOPHiA in a manner inconsistent with Twist’s instructions. Twist warrants to SOPHiA (a) to have good title to the Products supplied under this Agreement, (b) Twist is responsible for products purchased its own Twist Manufacturing Technology as incorporated into the Products supplied under this Agreement pursuant to Section 4.3.3 and (c) Products supplied under this Agreement listed in Schedule A will comply with the applicable specifications agreed for them per a Twist certificate of analysis and detailed in a Sequence Submission (subject to Section 4.2) and be supplied with a manufacturer’s shelf life of a period of [**] from a Resellerdelivery to SOPHiA in accordance with sub-paragraph 4.2.1, and (b) the original end-user, to acquire Technical Documentation is up-to-date versions of the applicable AIM written product specificationsdate. During the warranty period, AIM will, at its option: The aforementioned is conditioned upon SOPHiA designating one (1) replace any defective product SOPHiA ordering personnel and coordinator at SOPHiA offices who must proactively run a query with Twist’s Supply Chain department prior to each applicable request and order to confirm in writing with Twist the feasibility of a comparable productparticular shipment shelf life or limited warranty (for avoidance of doubt, this shall not apply to orders retroactively, those placed via eCommerce, or those requested after-the-fact of an Order being placed with Twist or its personnel). Twist will make reasonable, good faith efforts to complete (2as a target date) refund within [**] where this Agreement is in force stability testing. Upon successful completion (as determined in good faith by Twist) of stability testing during that period, Twist shall offer [**]for Schedule A Products through an amendment or new agreement mutually agreed to by the amount you paid for any defective productparties. Regardless, upon its return SOPHiA can terminate this Agreement pursuant to AIM. The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligation, with respect Section 4.8.1 if Twist is unable to provide a breach of the warranty set forth above. In order to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days [**] after you receive the replacement products. AIM will charge you for replacement products if you fail to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURERsuch future stability testing.

Limited Product Warranty. AIM warrants 9.1 We warrant that our products (the “Hardware”) shall be free from defects in material and workmanship when utilized for its normal and intended use as set forth in the applicable user guide. Our warranty is valid for (1) year (except in the EU where a 24- month warranty is required under applicable law) from the date the Products are shipped to you (the original purchaser or, for products “Warranty Period”). This warranty extends to Hardware purchased directly from a Reseller, us or our authorized representatives and to the original end-useruser purchaser only (you) and is subject to the conditions and limitations contained herein. 9.2 The Hardware warranty is limited to furnishing labor and parts necessary to repair a Product (using new or refurbished parts) without charge to you, that AIM-branded products purchased from AIM or Reseller willif we cannot repair a Product to normal working condition, for we will provide a replacement Product of our choice of equal value, without charge to you. This limited warranty is available provided: (a) you promptly notify us (or our authorized representative) during the period stated Warranty Period of any defect in materials or workmanship in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx Product, including a detailed explanation of such defect; (b) you return the Product promptly to us (or by contacting your AIM our authorized representative), conform shipping and insurance prepaid, pursuant to a return maintenance authorization number (the AIM written product specifications. It is the sole responsibility “RMA”) obtained from us prior to shipment, subject to our RMA policy described below; and (c) our (or our authorized representative’s) examination of the original purchaser orProduct discloses to our satisfaction that such alleged defect actually exists and is covered under our limited warranty stated herein. 9.3 If the above requirements are met, for products purchased from we (or our authorized representative) shall in our sole discretion and within a Resellerreasonable amount of time, the original end-usermake such repairs as may be necessary, to acquire up-to-date versions of the applicable AIM written product specifications. During the warranty period, AIM will, at its option: (1) or replace any defective product with a comparable product, part in the Hardware or (2) refund replace the amount you Hardware. Return shipping and insurance will be paid by us. Repaired or replaced Hardware shall be covered for any defective product, upon its return to AIM. The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligation, with respect to a breach of the warranty set forth above. In order to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to do soremaining Warranty Period. THIS LIMITED WARRANTY COVERS NORMAL USESHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF OUR PRODUCTS WARRANTY. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE EXCEPT AS SET FORTH HEREIN, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTSANY PARTICULAR PURPOSE, OR WARRANTIES OF NON- INFRINGEMENT, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH THE COMBINATION SALE OR USE OF AIM BRANDED THE PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. OR FOR ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED CLAIM BY THE ORIGINAL MANUFACTURERA THIRD PARTY MADE DIRECTLY OR THROUGH YOU.

Limited Product Warranty. AIM LICENSOR warrants that during the Warranty Period the Licensed Software shall conform in all material respects to the original purchaser or, for products purchased from a Reseller, to the original end-user, that AIM-branded products purchased from AIM or Reseller will, for the period stated in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or by contacting your AIM representative, conform to the AIM written product specificationsLICENSOR'S Documentation. It is the sole responsibility LICENSOR does not warrant that operation of the original purchaser or, for products purchased from Licensed Software will be uninterrupted or error free. In the event of a Reseller, the original end-user, to acquire up-to-date versions breach of the applicable AIM written product specifications. During the warranty periodforegoing warranty, AIM willLICENSOR'S sole obligation, at its option: (1) replace any defective product with a comparable product, or (2) refund the amount you paid for any defective product, upon its return to AIM. The foregoing sets forth your and Customer's sole and exclusive remedy, for such breach shall be that LICENSOR shall make all commercially reasonable efforts to promptly correct the non-conforming Licensed Software without charge. Licensee expressly acknowledges and AIM’s sole and exclusive obligation, with respect to a breach agrees that the use of the warranty set forth aboveLicensed Software is at Licensee's sole risk. In order THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Product Representations. Customer shall deliver the Licensed Software to receive licensees with Licensor's then current license agreement generally accompanying the benefit Licensed Software, as it may be amended by Semotus from time to time. Customer shall make no, and shall indemnify Semotus for any claims arising out of, representations or warranties concerning quality, performance or other characteristics of the Product other than those which are consistent in all respects with, and do not expand the scope of, the warranties contained in the applicable license agreement. Customer agrees to conduct its business in a manner that reflects favorably at all times on the Licensed Software and the good name, goodwill and reputation of Semotus. Customer shall identify Semotus as the owner of the Licensed Software. Compliance with Laws. Customer shall comply with all applicable supranational, national, and local laws and regulations in performing its duties hereunder. Customer must obtain, at its own expense, all necessary registrations, licenses, permits and approvals as required by any government to import and/or export, promote, market and resell the Licensed Software, and Semotus shall provide any necessary information or supporting documentation upon Customer's reasonable written request to assist Customer with its obligations under this Section. Customer shall indemnify and hold harmless Semotus for any violation or alleged violation of this warrantySection. General Representations and Warranties. Each party has the corporate power and authority to enter into this Agreement, you must follow AIM’s warranty processes as described hereinand to perform its obligations hereunder. You are responsible for properly packaging any defective productThe execution and delivery by each party of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action by each party. This Agreement has been duly executed and delivered by each party and constitutes the valid and binding obligation of each party enforceable against it in accordance with its respective terms, paying all shipping costs, loss or damage subject to the product during shippingeffects of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally and any other taxes, fees or charges associated with transporting the product to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURERgeneral equitable principles.

Limited Product Warranty. AIM 5.1 Philips represents, undertakes and warrants to MedQuist that the original purchaser Licensed Product will perform substantially in conformance with the documentation accompanying such Licensed Product for a period of ninety (90) days from the date of shipment and acceptance of the Licensed Product and documentation by MedQuist. Philips does not, however, warrant that (a) the operation of such Licensed Product will be uninterrupted or error free; (b) the Licensed Product meets certain success rates or performance levels; nor (c) that the Licensed Product will meet the requirements of 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 products purchased 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. 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 are based on a Resellerper 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) Estimated Penetration of SR applied as a percentage of Pay-roll lines (A) 0 % 4 % 13 % 25 % 45 % Cost per Pay-roll line via Speech Recognition from MedQuist to PSP (equals revenue to PSP) * 500 Million Payroll Lines via Speech Recognition in a year at 0,012 US$ per Line (a new count starts each year as from Jan. 1st) and for each Payroll Line via Speech Recognition in such year ** 500 Million Lines at 0,010 US$ per Line 75% of 75% of 50% of 25% of Estimated Estimated Estimated Estimated Penetration (A) Penetration (A) Penetration (A) Penetration (A) x Total Volume x Total Volume x Total Volume x Total Volume No Guarantee. in Pay-roll lines in Pay-roll lines in Pay-roll lines in Pay-roll lines License fee is (both via Speech (both via Speech (both via Speech (both via Speech based on Recognition and Recognition and Recognition and Recognition and ACTUAL Pay- directly to directly to directly to directly to roll LINES via transcriptionist) transcriptionist) transcriptionist) transcriptionist) Speech Guaranteed in Year 2001 x in Year 2002 x in Year 2003 x in Year 2004 x Recognition x License Cost per line Cost per line Cost per line Cost per line Cost per line fees 0% formula (B) formula (B) formula (B) formula (B) formula (B) * less than ** more than ALL CHARGES FOR ADDITIONAL SERVICES (e.g. development, consultancy, training etc) will be on commercial Terms &Conditions to be negotiated in good faith 15 Man years of pre-committed payment at Philips’ internal, fully loaded cost basis. This payment is for three kind of services: 1) Development / Project Management / Consultancy for a MedQuist optimized Correction Editor. The current Correction Editor of Philips has been developed for European circumstances and may well need to be adapted to the original endspeed and customs (habits) of MedQuist transcriptionists who are used to using short-user, that AIMhand codes. (E.g. 1) if stopped at a mis-branded products purchased from AIM or Reseller will, for the period stated in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or recognized word by contacting your AIM representative, conform to the AIM written product specifications. It is the sole responsibility of the original purchaser or, for products purchased from a Resellerjust typing over this word, the original end-userword disappears, preventing the correctionist from first having to acquire up-to-date versions delete this word, or 2) if stopped at a certain word and a period is pressed on the keyboard then this period will follow this word and the next word will be capitalized; etc.). Philips will be actively involved in the design and specification phase, and undertake the development and testing of the applicable AIM modifications. The jointly to be agreed specifications will serve as the input for the jointly to be agreed project plan. In the project plan also the acceptance criteria must be defined. No later than June 2000 Xxxxx Xxxxxxxxx, product manager Professional Dictation will come to MedQuist to start the Specification Process. Philips will employ new and existing resources to this Project on a dedicated basis. 2) Consultancy Development / Project Management / Consultancy for Integration of SR into MedQuist IT infrastructure. Although this activity is under responsibility of MedQuist, a close (technical) co-operation is needed to make sure sound- and text-files are flowing from one database to the other. Also some customizations/adaptations are expected on the Speech Recognition system to accommodate the MedQuist system. No later than June 2000, Xxxxxx Xxx, Development Project Leader SpeechMagic and Xxxxx Xxxxxxxxx will come to MedQuist to start planning the integration process. 3) Start-up services. In addition to the normal 2/nd/ and 3/rd/ line support Philips will provide technical expertise on site during start-up time to minimize down-time risks. The best person(s) for this will be identified later. The 15 man-year is a minimum commitment to Philips to be invoked before December 2001. The commitment is on so called fully loaded cost basis. When resources are needed after or in addition to the 15 man-years having been spent (a monthly report on spent time will be provided to MedQuist) or after December 2001, whichever comes first, the cost for these additional services will be on Commercial Terms and Conditions to be negotiated. 1. Philips offers to MedQuist Support as described in this Schedule E. Philips agrees to make available Support for a period of one year from the date of discontinuation of a certain release of the Licensed Product. In case Philips opts not to continue offering such Support services, MedQuist will receive access to the source code for internal error correction purposes. Support shall include the following: (a) Supply of routine Patches, Maintenance Releases and Documentation updates and - corrections; (b) Problem diagnosis and resolution including Xxxxx 0 xxx Xxxxx 0 Xxxxxxx. 0. XxxXxxxx can only obtain Support services by payment of a quarterly fee described in Schedule D. 3. If MedQuist has paid for Support services pursuant to Schedule D: (a) Upon receiving notice from the appointed MedQuist internal Level 1 Support unit of a Problem, Philips shall verbally acknowledge receipt of such notice, and confirm the same by fax or e-mail within 24 hours thereafter. Such acknowledgment shall contain a unique number identifying the particular problem for tracking purposes. Philips shall provide MedQuist with a status of any Patch, bug or error logged for MedQuist provided that MedQuist identifies the particular Problem by the tracking number assigned to it by Philips. Each Problem logged for MedQuist shall remain open until closure notification is agreed to by MedQuist. (b) Philips shall provide prompt written product specifications. During notice to MedQuist of all defects, malfunctions, Patches, bugs, viruses, and/or other anomalies in the warranty periodLicensed Products which become known to Philips, AIM will, at its option: in case Philips believes that such conditions are likely to result in actual or potential degradation of the functionality or performance of the Licensed Products. (c) Philips shall make all reasonable efforts to provide a Patch for the Licensed Product(s) according to the following “restoration time” schedule: (1) replace any defective product with Severity 1 — within four (4) normal Business hours of receipt of notice of existence of a comparable product, or Problem by the appointed MedQuist internal Level 1 Support unit. (2) refund Severity 2 — within one (1) business day of receipt of notice of existence of Problem by the amount you paid for any defective productappointed MedQuist internal Level 1 Support unit. (3) Severity 3 and Severity 4 — if not a Minor Release, upon its return to AIM. The foregoing sets forth your sole within twenty (20) working days of acknowledging the receipt of the Problem the appointed MedQuist internal Level 1 Support unit and exclusive remedy, and AIM’s sole and exclusive obligation, with respect thereafter in all other instances resolved in a Major Release of the supported Licensed Product. (d) In the event Philips does not respond to a breach verifiable MedQuist reported Problem within the time schedule and guidelines, as provided for in this Schedule E or if MedQuist in MedQuist’s good faith determination, believes the progress of Philips in attempting to resolve the warranty set forth above. In order to receive the benefit of this warranty, you must follow AIM’s warranty processes as described herein. You are responsible for properly packaging any defective product, paying all shipping costs, loss Problem or damage in responding to the product during shippinginformation request is not being made in accordance with Philips’s Problem plan, and any other taxes, fees or charges associated with transporting then MedQuist may escalate the product Problem to AIM’s designated service facility. Purchasing additional products from AIM does not extend your warranty period for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURERa higher severity level.

Limited Product Warranty. AIM 5.1 Philips represents, undertakes and warrants to MedQuist that the original purchaser Licensed Product will perform substantially in conformance with the documentation accompanying such Licensed Product for a period of ninety (90) days from the date of shipment and acceptance of the Licensed Product and documentation by MedQuist. Philips does not, however, warrant that (a) the operation of such Licensed Product will be uninterrupted or error free; (b) the Licensed Product meets certain success rates or performance levels; nor (c) that the Licensed Product will meet the requirements of 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, for products purchased from if unable to do so, will replace the nonconforming Licensed Product with a Reseller, functionally equivalent Licensed Product. 5.2 In order to obtain service under the original end-user, that AIM-branded products purchased from AIM or Reseller will, for the period stated in the applicable written product specifications as set forth in xxx.xxxxxxxxx.xxx/xxxxxxx_xxxx.xxx or by contacting your AIM representative, conform to the AIM written product specifications. It is the sole responsibility terms of the original purchaser orwarranty provided in Section 5.1 hereof, for products purchased from a Reseller, before the original end-user, to acquire up-to-date versions expiration of the applicable AIM written product specifications. During the appropriate warranty period, AIM will, at its option: (1) replace any MedQuist must notify Philips in writing of the defective product with a comparable product, or (2) refund non-conforming item. Philips reserves the amount you paid right to charge MedQuist for any and all costs incurred by Philips in connection with allegedly defective product, upon 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 return to AIM. receipt of an invoice therefor. 5.3 The foregoing sets forth your sole and exclusive remedy, and AIM’s sole and exclusive obligation, with respect to a breach warranty provided in Section 5.1 hereof shall not apply if failure of the Licensed Product covered by such warranty set forth aboveto 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”. In order to receive the benefit of this warrantyFURTHERMORE, you must follow AIM’s warranty processes 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. Initial Sign-up fee (15 man years, as described hereinhereinafter) 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 are based on a per use basis following the formula below. You Note: PAYROLL lines are responsible the lines that serve as basis to pay the transcriptionists (Payroll-Line is 65 black/white characters) Estimated Penetration of SR applied as a percentage of Pay-roll lines (A) 0 % 4 % 13 % 25 % 45 % Cost per Pay-roll line via Speech Recognition from MedQuist to PSP (equals revenue to PSP) * 500 Million Payroll Lines via Speech Recognition in a year at 0,012 US$ per Line (a new count starts each year as from Jan. 1st) and for properly packaging any defective producteach Payroll Line via Speech Recognition in such year ** 500 Million Lines at 0,010 US$ per Line Guaranteed License fees 0% 75% of Estimated Penetration (A) x Total Volume in Pay-roll lines (both via Speech Recognition and directly to trancriptionist) in Year 2001 x Cost per line formula (B) 75% of Estimated Penetration (A) x Total Volume in Pay-roll lines (both via Speech Recognition and directly to transcriptionist) in Year 2002 x Cost per line formula (B) 50% of Estimated Penetration (A) x Total Volume in Pay-roll lines (both via Speech Recognition and directly to transcriptionist) in Year 2003 x Cost per line formula (B) 25% of Estimated Penetration (A) x Total Volume in Pay-roll lines (both via Speech Recognition and directly to transcriptionist) in Year 2004 x Cost per line formula (B) No Guarantee. License fee is based on ACTUAL Pay-roll LINES via Speech Recognition x Cost per line formula (B) * less than ** more than ALL CHARGES FOR ADDITIONAL SERVICES ( e.g. development, paying all shipping costsconsultancy, loss or damage training etc) will be on commercial Terms &Conditions to the product during shippingbe negotiated in good faith 15 Man years of pre-committed payment at Philips’ internal, and any other taxes, fees or charges associated with transporting the product to AIM’s designated service facilityfully loaded cost basis. Purchasing additional products from AIM does not extend your warranty period This payment is for any previously purchased products. If AIM asks you to return defective products, you must do so within 7 days after you receive the replacement products. AIM will charge you for replacement products if you fail to do so. THIS LIMITED WARRANTY COVERS NORMAL USE. AIM DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF AIM BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-AIM BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-AIM BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.three kind of services: