Common use of Limited Warranties and Disclaimers Clause in Contracts

Limited Warranties and Disclaimers. Tintri and its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN THE LIMITED WARRANTIES BY TINTRI, TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONS.

Limited Warranties and Disclaimers. Tintri ISO Office (Pty) Ltd warrants that: the Service will perform substantially in accordance with the User Manual and its agents, supplierswill be provided with reasonable care and skill. This warranty only applies so long as you use the Service in accordance with ISO Office’s (Pty) Ltd Use Manual; and during your Subscription Term it will use commercially reasonable efforts to ensure that the Service will meet the service level specified in any service level guidelines notified to you by the ISO Office (Pty) Ltd from which you purchased your Subscription. ISO Office (Pty) Ltd warrants that it owns the Software, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for that the Software was developed with reasonable care and skill by properly qualified personnel employing good quality materials, techniques, and standards ISO Office (Pty) Ltd does not warrants that ISO Office (Pty) Ltd: is as set forth not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (use of such communications facilities; and does not warrant and/or indemnify you against cyber-attacks, fraud, phishing, data breaches, data loss, data infringement or any other attack on your system or account that occurs as a result of your negligence or unauthorised access to your account by your user/s or a third party/s in relation to the “Limited Warranties”)Service and/or Use thereof. You agree to apply all reasonable security controls and measures when using the Service. OTHER THAN THE EXPRESS, which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN THE LIMITED WARRANTIES BY TINTRISTATED IN THIS CLAUSE 33, TINTRI ISO Office (Pty) Ltd AND ITS AGENTS, SUPPLIERS, SUPPLIERS AND LICENSORS DO NOT MAKE, AND HEREBY ISO OFFICE (PTY) LTDS EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT DISCLAIM TO THE PRODUCTSFULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL OTHER REPRESENTATIONS, EXPRESS WARRANTIES, CONDITIONS AND GUARANTEES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOTO ANY WARRANTIES, THE IMPLIED WARRANTIES CONDITIONS OR GUARANTEES (A) OF MERCHANTABILITYMERCHANTABILITY OR SATISFACTORY QUALITY, (B) OF FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, AND OR (C) OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION INFRINGEMENT OF THE PRODUCTS WILL BE UNINTERRUPTED PROPRIETARY OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND (D) ARISING FROM CUSTOM OR (C) MAKES TRADE USAGE OR BY ANY WARRANTIES COURSE OF PRIOR DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT THE UTILITY OF BUSINESS MANAGEMENT SOFTWARE DECREASES AS TO TECHNOLOGY EVOLVES AND THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSBUSINESS ENVIRONMENT CHANGES.

Limited Warranties and Disclaimers. Tintri Gigamon offers a Limited Hardware and Software Warranty for its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is Products as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ xxx.xxxxxxx.xxx/xxxxxxxx.xxx, a current copy of which is attached as Exhibit B hereto. (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN FOR THE LIMITED WARRANTIES WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY TINTRIAPPLICABLE LAW, TINTRI THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GIGAMON AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT DISCLAIM ALL WARRANTIES RELATING TO THE PRODUCTSPRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, . THE PRODUCTS ARE NOT FAULT-TOLERANT AND NONARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-INFRINGEMENTSAFE PERFORMANCE OR OPERATION. SOME JURISDICTIONS DO THE PRODUCTS ARE NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT FOR USE IN THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, CRITICAL COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR ERROR FREE. CUSTOMER ACKNOWLEDGES THATINDIRECT LIFE- SUPPORT SYSTEMS, IN CONNECTION WITH THE INSTALLATIONAIR TRAFFIC CONTROL, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA APPLICATION OR OTHER INFORMATION TRANSMITTED INSTALLATION WHERE FAILURE COULD RESULT IN CONNECTION WITH THE SOFTWAREDEATH, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATASEVERE PHYSICAL INJURY, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSPROPERTY DAMAGE. THESE LIMITATIONS APPLY EVEN IF GIGAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limited Warranties and Disclaimers. Tintri a. Vertex warrants (i) it will perform the Services consistently with generally-accepted industry practices and its agents, suppliers, and licensors make no representation (ii) the Services will conform to the descriptions of such Services published by Vertex or warranty with respect delivered to any Software under this Agreement. Any warranty You for the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE such purpose. b. THE EXPRESS WARRANTIES SET FORTH IN THE LIMITED WARRANTIES BY TINTRI, TINTRI THIS SECTION 19 ARE EXCLUSIVE AND ITS AGENTS, SUPPLIERSIN LIEU OF, AND LICENSORS DO NOT MAKEVERTEX EXPRESSLY DISCLAIMS, ALL OTHER REPRESENTATIONS AND HEREBY EXPRESSLY DISCLAIMWARRANTIES, ANY WARRANTY STATUTORY OR REPRESENTATION WITH RESPECT TO THE PRODUCTSOTHERWISE, WHETHER EXPRESS OR IMPLIED, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES TO BE PROVIDED PURSUANT TO THIS AGREEMENT OR TO VERTEX’S PERFORMANCE OF ANY SERVICES. THE SERVICES AND ALL RELATED DOCUMENTATION AND THE SUBSTANTIVE CONTENT PROVIDED IN THE ACCOUNTING CONSOLE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, AND NON-INFRINGEMENT). c. You acknowledge that the Services contain information provided to Vertex by taxing authorities and may produce results that are based on interpretations of federal, state, local and foreign laws and regulations. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMERYou will be solely responsible for determining Your desired results from the use of the Services and for evaluating all data and results generated by the Services. TINTRI AND ITS AGENTSVertex’s provision of the Services pursuant to an Order hereunder does not constitute legal or tax advice and You assume sole responsibility for the effect of the interpretations contained in the data and results generated by its use of the Services. Vertex will have no undisclosed knowledge of any inaccuracies in information provided to Vertex by a taxing authority. Upon receipt by Vertex of notification of an inaccuracy in such information, SUPPLIERSVertex will, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREEat no additional charge to You, correct such inaccuracy, unless such inaccuracy is reasonably deemed not to be material. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTSYou will provide written documentation of such inaccuracy if reasonably requested by Vertex. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWAREVertex will have no further obligation to You with regard to inaccuracies in the information provided by taxing authorities. d. You further acknowledge any substantive content provided in the Accounting Console Services is for information purposes only and not intended to be legal advice. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSVertex shall have no liability for any damages arising out of Your reliance on such substantive content.

Limited Warranties and Disclaimers. Tintri Gigamon offers a Limited Hardware and Software Warranty for its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is Products as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ xxx.xxxxxxx.xxx/xxxxxxxx.xxx (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN FOR THE LIMITED WARRANTIES WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY TINTRIAPPLICABLE LAW, TINTRI THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GIGAMON AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT DISCLAIM ALL WARRANTIES RELATING TO THE PRODUCTSPRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, . THE PRODUCTS ARE NOT FAULT-TOLERANT AND NONARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-INFRINGEMENTSAFE PERFORMANCE OR OPERATION. SOME JURISDICTIONS DO THE PRODUCTS ARE NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT FOR USE IN THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, CRITICAL COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR ERROR FREE. CUSTOMER ACKNOWLEDGES THATINDIRECT LIFE-SUPPORT SYSTEMS, IN CONNECTION WITH THE INSTALLATIONAIR TRAFFIC CONTROL, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA APPLICATION OR OTHER INFORMATION TRANSMITTED INSTALLATION WHERE FAILURE COULD RESULT IN CONNECTION WITH THE SOFTWAREDEATH, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATASEVERE PHYSICAL INJURY, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSPROPERTY DAMAGE. THESE LIMITATIONS APPLY EVEN IF GIGAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limited Warranties and Disclaimers. Tintri and its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as We do not promise that your use of the date You accept FieldView Services will be uninterrupted or that the terms and conditions of this Agreement FieldView Services or otherwise install Climate Generated Works will meet your requirements, be accurate or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9)be error-free. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FIELDVIEW SERVICES AND ANY CLIMATE EQUIPMENT OR CLIMATE SOFTWARE OR CLIMATE GENERATED WORKS IS AT YOUR SOLE RISK. EXCEPT AS MAY BE EXPRESSLY MADE SPECIFIED IN SECTION 3.2, TO THE LIMITED WARRANTIES MAXIMUM EXTENT PERMITTED BY TINTRIAPPLICABLE LAW, TINTRI THE FIELDVIEW SERVICES, CLIMATE SOFTWARE, CLIMATE EQUIPMENT, AND CLIMATE GENERATED WORKS PERFORMED OR PROVIDED BY CLIMATE OR ITS AFFILIATES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CLIMATE AND ITS AGENTS, SUPPLIERS, AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION CONDITIONS WITH RESPECT TO THE PRODUCTSFIELDVIEW SERVICES, EXPRESS CLIMATE SOFTWARE, CLIMATE EQUIPMENT, AND CLIMATE GENERATED WORKS, EITHER EXPRESS, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OF ACCURACY, RELIABILIYOF QUIET ENJOYMENT, AND NONOF NONINFRINGEMENT OF THIRD-INFRINGEMENTPARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLIMATE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CLIMATE EQUIPMENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE FOREGOING ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSYOU.