Common use of Limited Software Warranty Clause in Contracts

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for a period of ninety (90) days (the "Software Warranty Period") beginning upon the date of shipment, the Software will substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" in the documentation. Verso's sole and exclusive obligation, and Buyer's sole and exclusive remedy, for breach of the foregoing warranty shall be, at Verso's option, to (a) correct any reproducible error in the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by Buyer.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso 3.1. BSA warrants to Buyer that and represents for a period of ninety one (901) days year from the installation of BSA Software Product that: (i) such BSA Software Product will perform substantially in the "same manner as official demonstration versions and in accordance with BSA’s authorized online tutorials and videos that may have been made available as part of the sales and negotiation process leading up to this Agreement; and (ii) the BSA Software Product shall conform to the Documentation and be free of material defects in workmanship and materials. Any claim under this Limited Software Warranty Period"must be made within one (1) beginning upon year from the date installation of shipment, the applicable BSA Software will substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" Product. Customer’s exclusive remedy in the documentation. Verso's sole and exclusive obligation, and Buyer's sole and exclusive remedy, for event of a breach of the foregoing this warranty shall be, at Verso's option, be to (a) correct any reproducible error in the Software; (b) have BSA use reasonable efforts to repair or replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming SoftwareBSA Software Product so as to render it conforming to the warranty, or in the event that is not possible to render it conforming with reasonable efforts, to receive a refund of the amount paid for the BSA Software Product. 3.2. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES RELATING IN ANY WAY TO THE BSA SOFTWARE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THEIR FEATURES, ATTRIBUTES, FUNCTIONALITY, AND PERFORMANCE. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACYDEALING OR USAGE OF TRADE. NEITHER VERSO NOR ITS SUPPLIER BSA DOES NOT REPRESENT OR WARRANT THAT THE BSA SOFTWARE PRODUCTS WILL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT THE OPERATION OF THE BSA SOFTWARE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR OPERATE ERROR-FREE. BUYER ACKNOWLEDGES FREE OR UNINTERRUPTED, OR THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN ALL PROGRAMMING ERRORS IN THE EXPRESS WARRANTIES BSA SOFTWARE PRODUCT(S) CAN BE FOUND IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerORDER TO BE CORRECTED.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for For a period of ninety (90) days (the "Software Warranty Period") beginning upon from the date of shipmentthat Software is shipped to the End User, NetApp warrants that (i) the Software will substantially materially conform to its associated NetApp's then-current documentation when used in a computing environment and specifications for such Software; (including on computer hardware ii) the media containing the Software (but not the software itself) is free from physical defects; (iii) Dell will acquire good and with operating systemsmarketable title to the software and that all such software will be free and clear of all liens, claims, encumbrances and other restrictions; and (iv) specified as "compatible" NetApp has all the necessary rights and licenses to allow Dell to distribute and resell software without restriction or additional charge or liability to any third party; and provided, further, that in the documentation. Versocase of breach Dell's sole remedy and exclusive obligation, and BuyerNetApp's sole and exclusive remedy, liability for breach of the foregoing warranties in clauses (iii) or (iv) immediately above shall be indemnification pursuant to Section 12 below; and provided further that, except as provided in Section 5.a, in the case of breach of the warranty in clause (i), NetApp shall bewithin ninety (90) days (unless a fewer number of days is required and practical, on a mutually agreeable case by case basis) of Dell's request supply Software that materially conforms to NetApp's then-current documentation and specifications for such Software and in the case of breach of the warranty in clause (ii) NetApp shall, within ninety (90) days (unless a fewer number of days is required and practical, on a mutually agreeable case by case basis) of Dell's request, furnish replacement media containing the Software that is free from physical defects. Notwithstanding the foregoing, for a period of five (5) years after the delivery to Dell of Software previously accepted by Dell, NetApp shall develop corrections, patches or work-arounds ("Bug Fixes") to material errors in performance or operation of such Software (each a "Bug") within the "applicable Bug fix period" following (x) the discovery of the Bug by NetApp, or (y) the reporting of the Bug by Dell or End Users to NetApp. Initial response time shall be as per Attachment F. The "applicable Bug fix period" shall mean one (1) business day in the case of a Priority 1 Bug, seven (7) business days in the case of a Priority 2 Bug and an appropriate number of business days as determined on a case by case basis for other Bugs (as Priority 1 and 2 Bugs are defined in Attachment F). NetApp shall provide such Bug Fixes at Verso's optionno cost to Dell; provided, however, that Dell shall be charged separately by NetApp (on a mutually agreed upon time and materials basis) for Bug Fixes for Licensed Ported Software Materials necessitated by an error in or a deficiency in scope of the original specifications for such Licensed Ported Software Materials provided by Dell (a "Dell Bug"); provided, further, however, that NetApp agrees to notify Dell and correct the Dell Bug at no additional charge as requested by Dell if NetApp has knowledge of (or should reasonably have knowledge of) a Dell Bug during the development of the applicable Licensed Ported Software Materials, to (a) correct any reproducible error in avoid such Dell Bug from occurring. Software upgrades and enhancement/update subscriptions must be purchased separately after the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the 90 day warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by Buyerperiod.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for a period of ninety (90) days (the "Software Warranty Period") beginning upon the date of shipment, the Software will substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" in the documentation. Verso's 1 <PAGE> sole and exclusive obligation, and Buyer's sole and exclusive remedy, for breach of the foregoing warranty shall be, at Verso's option, to (a) correct any reproducible error in the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by Buyer. 3.

Limited Software Warranty. If Buyer has purchased the software directly from Verso5.1. Supplier warrants that, then Verso warrants to Buyer that for a period of ninety sixty (9060) days after the Software has been made available to Customer (the "Software “Warranty Period"”), (i) beginning upon the date of shipment, the Software will substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" Supplier’s then current published specifications set forth in the documentation. Verso's sole and exclusive obligationDocumentation provided to Customer with the Software, and Buyer's (ii) the CDs, tapes, diskettes or other media upon which Supplier delivers the Software to Customer will be free of defects in materials and workmanship under normal use. Supplier’s sole responsibility, and Customer’s exclusive remedy, in the event of a problem during the Warranty Period, is for breach Supplier to use commercially reasonable efforts to correct such problem, to replace defective media or to replace the Software with functionally equivalent Software. The above remedy is available only if Supplier is notified by Customer in writing promptly upon discovery of the foregoing warranty shall beproblem, at Verso's option, to and the Software has not been (a) correct altered, or modified by any reproducible error in the Softwareparty other than Supplier; (b) replace the Software with a substantially equivalent substitute that conforms subjected to the warranty set forth abovenegligence, or computer or electrical malfunction; or (c) refund to Buyer used, adjusted, or installed other than in accordance with instructions furnished by Supplier. Upon Supplier’s compliance with its obligations set forth in this subparagraph 5.1, Customer shall indemnify, defend and hold Supplier harmless of any claims, actions, causes of action, losses, damages, costs and expenses suffered or incurred by Supplier as a result of claims in connection with the fees actually paid by Buyer to Verso for use of any malfunctioning copy(ies) of the non-conforming Software. 5.2. THE EXPRESS FOREGOING WARRANTIES SET FORTH IN THIS SECTION 2 5 ARE EXCLUSIVE AND IN LIEU OF OF, AND SUPPLIER HEREBY DISCLAIMS ALL CLAIMS, ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE LICENSED PRODUCTS. EXCEPT FOR THE FOREGOING WARRANTIES, TITLECUSTOMER ACCEPTS THE SOFTWARE ON AN “AS IS” BASIS. SUPPLIER DOES NOT WARRANT OR REPRESENT THAT (a) THE SOFTWARE WILL MEET CUSTOMER’S NEEDS OR REQUIREMENTS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS(b) THE SOFTWARE WILL BE FREE FROM ERRORS, QUIET ENJOYMENTOMISSIONS, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT DEFECTS, (c) THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) SOFTWARE WILL BE UNINTERRUPTED UNINTERRUPTED, OR ERROR-FREE(d) DEFECTS IN THE SOFTWARE ARE CORRECTABLE OR WILL BE CORRECTED. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON FURTHERMORE, SUPPLIER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUPPLIER SHALL CREATE A WARRANTY OR IN ANY WAY AMEND THIS SECTION 5. THERE ARE NO WARRANTIES OTHER THAN OF THE EXPRESS WARRANTIES LICENSED PRODUCTS WHICH EXTEND BEYOND THOSE EXPRESSLY SET FORTH IN THIS SECTION 2 AND 5. WITHOUT LIMITATION OF THE FOREGOING, SUPPLIER MAKES NO REPRESENTATIONS OR WARRANTIES THAT NO WARRANTIES ARE MADE BY VERSO THE SOFTWARE IS IN COMPLIANCE WITH ANY FEDERAL, STATE OR ANY LOCAL LAWS, RULES OR REGULATIONS. THE PROVISIONS OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerTHIS SECTION 5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso warrants to Buyer that for For a period of ninety (90) 45 days (the "Software Warranty Period") beginning upon from the date of shipmentyou purchase this license to the Software, Gibraltar Software warrants that when properly installed and used under normal conditions, the Software will perform substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" in the documentationadvertised. Verso's sole and exclusive obligationUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GIBRALTAR SOFTWARE, and Buyer's sole and exclusive remedy, for breach of the foregoing warranty shall be, at Verso's option, to (a) correct any reproducible error in the Software; (b) replace the Software with a substantially equivalent substitute that conforms to the warranty set forth above; or (c) refund to Buyer the fees actually paid by Buyer to Verso for the non-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF ALL GIBRALTAR SOFTWARE MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, IN FACT OR STATUTORYIN LAW, REGARDING THE PRODUCTS INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. Gibraltar Software makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. Gibraltar Software makes no warranty that operation of the Software will be secure, TITLEerror free, NON-INFRINGEMENT or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. EXCEPT AS SET FORTH HEREIN, YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THIRD-THE SOFTWARE TO MEET YOUR REQUIREMENTS. GIBRALTAR SOFTWARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY RIGHTSFOR INDIRECT, QUIET ENJOYMENTCONSEQUENTIAL, AND ACCURACYSPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EITHER PARTY, EVEN IF SUCH PARTY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT TO THE EXTENT THAT THE OPERATION OF APPLICABLE JURISDICTION LIMITS A PARTY'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE PRODUCTS (INCLUDING THE SOFTWARE) WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerMAXIMUM EXTENT PERMITTED.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso Ericom represents and warrants to Buyer that for a the period of ninety ending thirty (9030) days (the "Software Warranty Period") beginning upon from the date Licensee receives Licensee’s initial copy of shipmentthe Program, (a) the media on which Ericom has supplied the Software will is not defective and the Software is properly recorded on it; and (b) the Software functions substantially conform to its associated documentation when used in a computing environment (including on computer hardware and with operating systems) specified as "compatible" described in the documentationaccompanying user manuals (“Operational Warranty”). Verso's sole and exclusive Ericom must receive written notice of an Operational Warranty breach within such thirty (30) day period. Ericom’s only obligation, and Buyer's sole and exclusive Licensee’s only remedy, for any breach of the foregoing warranty shall Operational Warranty will be, at Verso's optionEricom’s option and expense, to (a) correct any or provide a workaround for reproducible error errors in the SoftwareSoftware that caused the breach within a reasonable time, considering the severity of the error and its effect on Licensee; or (b) replace terminate the Agreement with respect to the defective Software, and refund the unused, prepaid fees for the defective Software during the then-current License Term, provided Licensee purges all copies of the Program from all computer systems on which it was stored. Notwithstanding the foregoing, the limited warranties set forth in this Section shall not apply to any non- conformance (i) that Ericom cannot recreate after exercising commercially reasonable efforts to do so; (ii) caused by misuse of the applicable Software or by using the Software in a manner that is inconsistent with a substantially equivalent substitute that conforms to the warranty set forth aboveAgreement; or (ciii) refund to Buyer the fees actually paid by Buyer to Verso for the nonarising from Software modifications by, or on behalf of, anyone other than Ericom. OTHER THAN THE FOREGOING LIMITED WARRANTY AND FOR ANY WARRANTY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE PROGRAM AND ALL SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE. ERICOM AND ITS THIRD-conforming Software. THE EXPRESS WARRANTIES IN THIS SECTION 2 ARE IN LIEU OF PARTY LICENSORS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT ERICOM, IMPLIEDITS DEALERS, DISTRIBUTORS, AGENTS, OR STATUTORYEMPLOYEES MAY PROVIDE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING LIMITED WARRANTY, REGARDING AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. LICENSEE ACKNOWLEDGES THAT ERICOM DOES NOT WARRANT THAT (i) THE PRODUCTS INCLUDINGSOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, WITHOUT LIMITATION, (ii) THE PROGRAM DOES NOT INFRINGE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY THIRD- PARTY’S INTELLECTUAL PROPERTY RIGHTS, QUIET ENJOYMENT(iii) THE SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN ERICOM’S DOCUMENTATION, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING iv) THE SOFTWARE) ’S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. BUYER ACKNOWLEDGES FREE OR THAT IT HAS RELIED ON NO WARRANTIES ALL ERRORS WILL BE CORRECTED OR FREE OF VIRUSES OR OTHER THAN HARMFUL COMPONENTS, (v) THE EXPRESS WARRANTIES SOFTWARE WILL PROTECT AGAINST ALL SECURITY THREATS, INTERNET THREATS, OR OTHER THREATS OR INTERRUPTIONS, AND (vi) THE SOFTWARE’S FEATURES, CATEGORIES, AND FUNCTIONALITIES WILL BE AVAILABLE AT ALL TIMES IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerTHE FUTURE.

Limited Software Warranty. If Buyer has purchased the software directly from Verso, then Verso Neo Technology represents and warrants to Buyer Licensee that the Software when used for its intended purpose and in accordance with Neo Technology's instructions, will materially conform to Neo Technology's published specifications for a period of ninety (90) calendar days (the "Software Warranty Period") beginning upon from the date of shipment, Licensee is first permitted to access and use the Software will substantially conform to its associated documentation when used in a computing environment under Section 2(c) (including on computer hardware Delivery and with operating systemsAcceptance) specified as "compatible" in the documentationabove. Verso's sole and exclusive obligation, and BuyerLicensee's sole and exclusive remedy, and Neo Technology's sole and exclusive liability for any breach of the foregoing this warranty shall will be, at VersoNeo Technology's optionsole discretion, to (a) correct any reproducible error in either fix the Software to remedy the defect or refund the applicable Software license fees paid by Licensee for the Software; , in each case on condition that Licensee promptly notifies Neo Technology in writing of any alleged breach of this warranty within such ninety (b90) replace the Software with a substantially equivalent substitute that conforms calendar day period. This warranty is null and void to the extent the Software: (i) fails to conform with this warranty set forth aboveas a result of its use with any third party hardware or software; or (cii) refund to Buyer the fees actually paid by Buyer to Verso is used for the non-conforming Softwarean unintended purpose, is used other than in accordance with its published documentation or specifications, Disclaimer of Warranties. THE EXPRESS WARRANTIES EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 2 7 OR IN SECTION 13: (I) THE SOFTWARE AND SERVICES ARE IN LIEU PROVIDED TO LICENSEE ON AN "AS IS" BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (II) NEO TECHNOLOGY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS. WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS INCLUDINGOR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS. NEO TECHNOLOGY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET LICENSEE'S OR ITS END USERS' REQUIREMENTS, QUIET ENJOYMENT, AND ACCURACY. NEITHER VERSO NOR ITS SUPPLIER REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS (INCLUDING THE SOFTWARE) SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. BUYER LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT HAS RELIED THE USE OF THE SOFTWARE AND SERVICES AND ALL RESULTS OF SUCH USE IS SOLELY AT LICENSEE'S AND ITS END USERS' OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEO TECHNOLOGY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON NO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN SUCH EVENT, NEO TECHNOLOGY'S WARRANTIES OTHER THAN AND CONDITIONS WITH RESPECT TO THE EXPRESS WARRANTIES SOFTWARE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN THIS SECTION 2 AND THAT NO WARRANTIES ARE MADE BY VERSO OR ANY OF ITS SUPPLIERS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to Buyer, in which case the duration of the implied warranties is sixty (60) days from when the Product is received by BuyerSUCH JURISDICTION.