Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. 8.1 Seller warrants that, on or before Delivery, it will own the Engine, and that it will deliver good and marketable title, free and clear of all Liens (except for any arising by, through or under Buyer) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party after the Closing Date relating to claims arising prior to the Closing Date, except for any arising by, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USE, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT, OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE.

Limited Warranty and Disclaimer. 8.1 Seller a. Company warrants thatthat the elements of the Service provided by Company will substantially conform to this Agreement and any related documentation, on if such documentation is provided by Company. Licensee's sole and exclusive remedies and Company's entire obligations to Licensee, any User or before Delivery, it will own the Engine, and that it will deliver good and marketable title, free and clear of all Liens (except any other person or entity hereunder for any arising bybreach of this warranty, through shall be, at Company’s election, for Company to refund to Licensee 33% of the subscription fee paid directly to Company (i.e., not including any fees paid to Vendor) in the calendar year in which the breach first occurred. Company does not warrant the accuracy of any data or under Buyer) on information furnished to Licensee that is created from Licensee Data, Licensee Systems or Software, or any element of the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted Service provided by any third party after the Closing Date relating to claims arising prior to the Closing Date, except for any arising by, through or under BuyerVendor. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. b. EXCEPT AS SPECIFICALLY EXPRESSLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIESHEREIN, GUARANTEES OR REPRESENTATIONS OF COMPANY EXPRESSLY DISCLAIMS ANY KINDAND ALL REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WARRANTIES AND SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USE, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT, OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIESNATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR OTHERWISEFROM A COURSE OF DEALING OR USE OF TRADE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE COMPANY MAKES NO DIRECT WARRANTY OF ANY KIND TO ANY USER UNDER THIS AGREEMENT. c. WITHOUT LIMITING THE SCOPE OF SECTION 15.b ABOVE, COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) THE SOFTWARE OR SERVICES WILL MEET LICENSEE'S REQUIREMENTS; (ii) THE SOFTWARE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM VIRUSES, MALICIOUS CODE OR SECURITY EXPLOITS, OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE OR RELIABLE; OR (iii) ALL DEFICIENCIES IN THE SOFTWARE OR SERVICES CAN BE FOUND OR CORRECTED. FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. COMPANY WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS OR SOFTWARE PROBLEMS CAUSED BY ACTS WITHIN THE CONTROL OF LICENSEE OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC LICENSEE APPLICATIONS OR LICENSEE SYSTEMS WITH THE SOFTWARE OR SERVICES; (c) INABILITY OF LICENSEE OR ANY USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (e) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET. d. Without limiting the scope of 15.b and 15.c above, any elements of the Service provided by Vendor are subject solely to the Vendor’s warranties (if any) contained in the Vendor Terms.

Limited Warranty and Disclaimer. 8.1 Seller UST warrants thatto Customer, on or before Delivery, it will own the Engineoriginal purchaser, and to no other party, that it if any physical media included with the Product, as and when provided to Customer, will deliver good be free of physical defects in materials and marketable title, free and clear workmanship for a period of all Liens ninety (except for any arising by, through or under Buyer90) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party days after the Closing Date relating date that Customer initially acquire the Product. Customer’s exclusive remedy and UST’s sole liability for breach of this warranty is that UST will replace any defective media returned to claims arising prior UST within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the Closing Dateremainder of the original warranty period or twenty (20) days from the date we ship it to Customer, except for any arising bywhichever is longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND SAVE WITH RESPECT TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “UST PROVIDES THIS PRODUCT "AS IS” " AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE . SAVE AS FORESAID UST HEREBY EXCLUDES AND SELLER HEREBY DISCLAIMS ALL EXPRESS IMPLIED OR IMPLIED STATUTORY WARRANTIES OR REPRESENTATIONS INCLUDING BUT NOT LIIMITED TO ANY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, CONDITIONQUALITY, DESIGNNON-INFRINGEMENT, OPERATIONTITLE, WORKMANSHIPRESULTS, AS EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. UST DISCLAIM ALL LIABILITIES TO ABSENCE OF LATENT ANY PARTY FOR ANY DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER DEFECTSTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPUTER EQUIPMENT (HOSTED BY EITHER UST OR THE CUSTOMER OR ANY THIRD PARTY) WHERE UST PRODUCT IS DEPLOYED AND USED BY THE CUSTOMER, WHETHER COMPUTER PROGRAMS, DATA OR NOT DISCOVERABLE, AS PROPRIETARY MATERIAL OR ANY SERVICE OR ITEMS OBTAINED BY THE CUSTOMER. TO THE ABSENCE EXTENT THAT UST MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF ANY INFRINGEMENTAPPLICABLE LAW, THE SCOPE AND DURATION OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISEWARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Limited Warranty and Disclaimer. 8.1 Seller UST warrants thatto Customer, on or before Delivery, it will own the Engineoriginal purchaser, and to no other party, that it if any physical media included with the Product, as and when provided to Customer , will deliver good be free of physical defects in materials and marketable title, free and clear workmanship for a period of all Liens ninety (except for any arising by, through or under Buyer90) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party days after the Closing Date relating date that Customer initially acquire the Product. Customer’s exclusive remedy and UST’s sole liability for breach of this warranty is that UST will replace any defective media returned to claims arising prior UST within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the Closing Dateremainder of the original warranty period or twenty (20) days from the date we ship it to Customer, except for any arising bywhichever is longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND SAVE WITH RESPECT TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “UST PROVIDES THIS PRODUCT "AS IS” " AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE . SAVE AS FORESAID UST HEREBY EXCLUDES AND SELLER HEREBY DISCLAIMS ALL EXPRESS IMPLIED OR IMPLIED STATUTORY WARRANTIES OR REPRESENTATIONS INCLUDING BUT NOT LIIMITED TO ANY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, CONDITIONQUALITY, DESIGNNON-INFRINGEMENT, OPERATIONTITLE, WORKMANSHIPRESULTS, AS TO ABSENCE OF LATENT EFFORTS OR OTHER DEFECTS, WHETHER QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR NOT DISCOVERABLE, AS WILL FUNCTION WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE ABSENCE EXTENT THAT UST MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF ANY INFRINGEMENTAPPLICABLE LAW, THE SCOPE AND DURATION OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISEWARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Limited Warranty and Disclaimer. 8.1 Seller a. Company warrants thatthat the Service will substantially conform to this Agreement and any related documentation, on if provided by Company. Licensee's sole and exclusive remedies and Company's entire obligations to Licensee, any User or before Delivery, it will own the Engine, and that it will deliver good and marketable title, free and clear of all Liens (except any other person or entity hereunder for any arising bybreach of this warranty, through shall be, at Company’s election, for Company to refund to Licensee 33% of the Fees paid to Company in the calendar year in which the breach first occurred. Company does not warrant the accuracy of any data or under Buyer) on the Closing Date. Seller agrees information furnished to defendLicensee that is created from Licensee Data, hold harmless, and indemnify Buyer with respect to any claims of ownership Licensee Systems or Liens asserted by any third party after the Closing Date relating to claims arising prior to the Closing Date, except for any arising by, through or under BuyerSoftware. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. b. EXCEPT AS SPECIFICALLY EXPRESSLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIESHEREIN, GUARANTEES OR REPRESENTATIONS OF COMPANY EXPRESSLY DISCLAIMS ANY KINDAND ALL REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WARRANTIES AND SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USE, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT, OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIESNATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR OTHERWISEFROM A COURSE OF DEALING OR USE OF TRADE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE COMPANY MAKES NO DIRECT WARRANTY OF ANY KIND TO ANY USER UNDER THIS AGREEMENT. c. WITHOUT LIMITING THE SCOPE OF SECTION 15.b ABOVE, COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) THE SOFTWARE OR SERVICES WILL MEET LICENSEE'S REQUIREMENTS; (ii) THE SOFTWARE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM VIRUSES, MALICIOUS CODE OR SECURITY EXPLOITS, OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE OR RELIABLE; OR (iii) ALL DEFICIENCIES IN THE SOFTWARE OR SERVICES CAN BE FOUND OR CORRECTED. FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. COMPANY WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS OR SOFTWARE PROBLEMS CAUSED BY ACTS WITHIN THE CONTROL OF LICENSEE OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC LICENSEE APPLICATIONS OR LICENSEE SYSTEMS WITH THE SOFTWARE OR SERVICES; (c) INABILITY OF LICENSEE OR ANY USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (e) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

Limited Warranty and Disclaimer. 8.1 Seller warrants that, on or before Delivery, it will own the Engine, and that it will deliver good and marketable title, free and clear of all Liens (except for any arising by, through or under Buyer) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party after the Closing Date relating to claims arising prior to the Closing Date, except for any arising by, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, a. ALL PROTOTYPES ARE BEING SOLD ON AN PROVIDED “AS IS.” VITESSE MAKES NO WARRANTIES WITH RESPECT TO THE PROTOTYPES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. b. As Vitesse’s sole obligation and as Customer’s exclusive remedy for any defective or nonconformity of any Product, Customer shall have the right to return any defective or nonconforming Product to Vitesse within 30 days of receipt of such Product, and Vitesse shall, in its sole discretion, either replace or repair such Product within 30 days of receipt of the returned Product. As used herein, “WHERE ISdefective or nonconforming Product” AND WITH “ALL FAULTS” BASIS. means Products that do not meet the Final Specifications as mutually agreed upon between Customer and Vitesse. c. EXCEPT AS SPECIFICALLY PROVIDED SET FORTH IN THIS AGREEMENT SELLER MAKES NO SECTION 5(b), VITESSE DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES CONDITIONS OR REPRESENTATIONS OF ANY KIND, EITHER (EXPRESS OR IMPLIED, STATUTORY ORAL OR WRITTEN) WITH RESPECT TO ANY PRODUCT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT VITESSE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR OTHERWISE AND SELLER HEREBY IS IN FACT AWARE OF ANY SUCH PURPOSE) OR CONDITIONS OF TITLE OR NONINFRINGEMENT, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOMER’S ACTS OR OMISSIONS OR USAGE IN THE TRADE OR BY COURSE OF DEALING. VITESSE ALSO EXPRESSLY DISCLAIMS ALL ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER. ALL VITESSE’S WARRANTIES SHALL BE NULL AND VOID IF CUSTOMER OR REPRESENTATIONS ANYONE ELSE (i) ALTERS OR MODIFIES THE PRODUCT WITHOUT VITESSE’S PRIOR WRITTEN APPROVAL; (ii) DOES NOT USE THE PRODUCT IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATION OR OTHER INSTRUCTIONS; OR (iii) IF THE PRODUCT FAILS BECAUSE OF ANY KIND ACCIDENT, ABUSE OR NATURE WHATSOEVERMISAPPLICATION. d. VITESSE’S LIABILITY FOR ANY CLAIMS, INCLUDING MERCHANTABILITY, FITNESS FOR USE, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT LOSSES OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS DAMAGES ARISING UNDER THIS AGREEMENT WITH RESPECT TO THE ABSENCE OF PROTOTYPES OR THE PRODUCT SHALL NOT EXCEED THE AMOUNT THAT CUSTOMER HAS PAID VITESSE FOR THE SPECIFIC PROTOTYPE OR PRODUCT THAT CAUSED THE DAMAGE. NEITHER VITESSE NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY INFRINGEMENTOTHER PERSON OR ENTITY, OF IN CONTRACT, TORT OR OTHERWISE, FOR ANY PATENTCONSEQUENTIAL DAMAGES (INCLUDING, TRADEMARK WITHOUT LIMITATION, ANY DAMAGES TO DATA OR COPYRIGHT ANDSYSTEMS OR FOR LOST PROFITS) AND ANY INCIDENTAL, EXCEPT AS SPECIFICALLY PROVIDED IN SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM ANY MATTERS COVERED BY THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY WHETHER FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE BREACH OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW WARRANTY OR OTHERWISE, EVEN IF VITESSE OR CUSTOMER, AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limited Warranty and Disclaimer. 8.1 Seller warrants that, on or before Delivery, it will own In the Engine, and event that it will deliver good and marketable title, free and clear Customer elects to extend its license of all Liens (except for any arising by, through or under Buyer) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party Product after the Closing Date relating expiration of the Evaluation Period, STM warrants that for a period of sixty (60) days after the end of the Evaluation Period, the Product will perform substantially in accordance with the Documentation. STM’s and its licensors’ entire liability and Customer’s exclusive remedy under this warranty will be, at the sole option of STM and subject to claims arising prior applicable law, to replace the Product or to refund the purchase price and terminate Customer’s license to the Closing DateProduct. This limited warranty does not cover any modification of the Product by Customer. STM does not warrant in any form the results or achievements of the Product. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, except for any arising bySTM AND ITS LICENSORS MAKE AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warrantiesEXPRESS, service policies and guarantees (to the extent that they are assignable) it holds with regard to the EngineIMPLIED, with effect fromSTATUTORY, and simultaneously withOR OTHERWISE; AND STM AND ITS LICENSORS SPECIFICALLY DISCLAIM WITH RESPECT TO THE PRODUCT, Delivery. To the extent that such rights are not assignableANY CONDITIONS OF QUALITY, Buyer is hereby subrogated to all such rights of SellerAVAILABILITY, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice toRELIABILITY, and using reasonable efforts to obtain the consent ofSECURITY, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINELACK OF VIRUSES, INCLUDING THE COMPONENT PARTS THEREOF BUGS, OR ERRORS, AND THE RECORDS, ARE BEING SOLD ON AN “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO ANY IMPLIED WARRANTIES, GUARANTEES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ANY KINDTITLE, EITHER EXPRESS OR IMPLIEDQUIET ENJOYMENT, STATUTORY OR OTHERWISE AND SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVERQUIET POSSESSION, INCLUDING MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR USEA PARTICULAR PURPOSE. THE PRODUCT IS NOT DESIGNED, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT, OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTEDMANUFACTURED, OR ARISING FROM COURSE INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF PERFORMANCEWHICH COULD LEAD DIRECTLY TO DEATH, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFITPERSONAL INJURY, OR ANY OTHER INCIDENTAL SEVERE PHYSICAL OR CONSEQUENTIAL DAMAGESENVIRONMENTAL DAMAGE. CUSTOMER ASSUMES THE RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT AND HARDWARE TO ACHIEVE CUSTOMER’S INTENDED RESULTS, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIESFOR THE INSTALLATION OF, REMEDIES OR LIABILITIESUSE OF, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISEAND RESULTS OBTAINED FROM THE PRODUCT AND HARDWARE.

Limited Warranty and Disclaimer. 8.1 Seller Cobham Gaisler warrants thatthat the program portion of the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of 90 days from the date of receipt. Xxxxxx Xxxxxxx’s entire liability and Licensee’s exclusive remedy for a breach of the preceding limited warranty shall be, on at Cobham Gaisler’s option, either (a) return of the license fee, or before Delivery(b) providing a fix, it will own patch, work-around, or replacement of the EngineSOFTWARE that does not meet such limited warranty. In either case, and that it will deliver good and marketable titleLicensee must return the SOFTWARE to Xxxxxx Xxxxxxx with a copy of the purchase receipt or similar document. Replacements are warranted for the remainder of the original warranty period or 30 days, free and clear of all Liens (except for any arising by, through or under Buyer) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party after the Closing Date relating to claims arising prior to the Closing Date, except for any arising by, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer whichever is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASISlonger. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES EXPRESSLY SET FORTH ABOVE, NO WARRANTIES, GUARANTEES OTHER WARRANTIES OR REPRESENTATIONS OF ANY KINDCONDITIONS, EITHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OTHERWISE, ARE MADE BY COBHAM GAISLER WITH RESPECT TO THE SOFTWARE AND SELLER HEREBY THE ACCOMPANYING DOCUMENTATION, AND COBHAM GAISLER EXPRESSLY DISCLAIMS ALL EXPRESS OR WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR REPRESENTATIONS CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR USEA PARTICULAR PURPOSE. COBHAM GAISLER DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, CONDITIONBE UNINTERRUPTED OR ERROR FREE, DESIGNOR THAT ALL DEFECTS IN THE PROGRAM WILL BE CORRECTED. Licensee assumes the Limitation of Liability. IN NO EVENT SHALL COBHAM GAISLER OR THEIR AGENTS BE LIABLE FOR ANY INDIRECT, OPERATIONSPECIAL, WORKMANSHIPCONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, AS TO ABSENCE WITHOUT LIMITATION, DAMAGES FOR LOSS OF LATENT BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER DEFECTSPECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER OR NOT DISCOVERABLEEVEN IF COBHAM GAISLER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, AS TO THE ABSENCE OF ANY INFRINGEMENT, OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR NO EVENT SHALL COBHAM XXXXXXX BE LIABLE FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, DIRECT DAMAGES ARISING BY LAW OR OTHERWISE.OUT OF

Limited Warranty and Disclaimer. 8.1 Seller UST warrants thatto Customer, on or before Delivery, it will own the Engineoriginal purchaser, and to no other party, that it if any physical media included with the Product, as and when provided to Customer , will deliver good be free of physical defects in materials and marketable title, free and clear workmanship for a period of all Liens ninety (except for any arising by, through or under Buyer90) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer with respect to any claims of ownership or Liens asserted by any third party days after the Closing Date relating date that Customer initially acquire the Product. Customer’s exclusive remedy and UST’s sole liability for breach of this warranty is that UST will replace any defective media returned to claims arising prior UST within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the Closing Dateremainder of the original warranty period or twenty (20) days from the date we ship it to Customer, except for any arising bywhichever is longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND SAVE WITH RESPECT TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties or other compensation by giving notice to, and using reasonable efforts to obtain the consent of, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN “UST PROVIDES THIS PRODUCT "AS IS” " AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE . SAVE AS FORESAID UST HEREBY EXCLUDES AND SELLER HEREBY DISCLAIMS ALL EXPRESS IMPLIED OR IMPLIED STATUTORY WARRANTIES OR REPRESENTATIONS INCLUDING BUT NOT LIIMITED TO ANY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, CONDITIONQUALITY, DESIGNNON-INFRINGEMENT, OPERATIONTITLE, WORKMANSHIPRESULTS, AS EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. UST DISCLAIM ALL LIABILITIES TO ABSENCE OF LATENT ANY PARTY FOR ANY DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER DEFECTSTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPUTER EQUIPMENT (HOSTED BY EITHER UST OR THE CUSTOMER OR ANY THIRD PARTY) WHERE UST PRODUCT IS DEPLOYED AND USED BY THE CUSTOMER, WHETHER COMPUTER PROGRAMS, DATA OR NOT DISCOVERABLE, AS PROPRIETARY MATERIAL OR ANY SERVICE OR ITEMS OBTAINED BY THE CUSTOMER. TO THE ABSENCE EXTENT THAT UST MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF ANY INFRINGEMENTAPPLICABLE LAW, THE SCOPE AND DURATION OF ANY PATENT, TRADEMARK OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISEWARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

Limited Warranty and Disclaimer. 8.1 Seller warrants that, on or before Delivery, it will own the Engine, and that it will deliver good and marketable title, free and clear of all Liens (except for any arising by, through or under Buyer) on the Closing Date. Seller agrees to defend, hold harmless, and indemnify Buyer End User may have specific rights with respect to any claims the laws of ownership its state, country or Liens asserted by any third party after the Closing Date relating to claims arising prior other jurisdiction. End User may also have rights with respect to the Closing DateReseller from which End User purchased XXXX-Software. This XXXX does not change those rights if the laws of such state, except for any arising by, through or under Buyer. 8.2 Seller hereby assigns to Buyer all warranties, service policies and guarantees (to the extent that they are assignable) it holds with regard to the Engine, with effect from, and simultaneously with, Delivery. To the extent that such rights are not assignable, Buyer is hereby subrogated to all such rights of Seller, and Seller agrees to use reasonable efforts to give Buyer the benefit of any such warranties country or other compensation by giving notice to, and using reasonable efforts jurisdiction do not permit the XXXX to obtain do so. Notwithstanding the consent offoregoing, the applicable manufacturer for this purpose. Seller agrees to execute and deliver such further documents and instruments parties agree as Buyer may reasonably request to evidence the assignments and transfers contemplated hereby. 8.3 THE ENGINE, INCLUDING THE COMPONENT PARTS THEREOF AND THE RECORDS, ARE BEING SOLD ON AN follows: XXXX-SOFTWARE IS LICENSED “AS IS” AND “WHERE IS” AND WITH “ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT SELLER MAKES ”, AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS CONDITIONS OF ANY KIND OR NATURE WHATSOEVERNATURE, INCLUDING WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR USEA PARTICULAR PURPOSE, CONDITION, DESIGN, OPERATION, WORKMANSHIP, AS TO ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENTDEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF ANY PATENT, TRADEMARK THE XXXX-SOFTWARE WILL BE UNINTERRUPTED OR COPYRIGHT AND, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SELLER FURTHER DISCLAIMS ANY LIABILITY FOR OBLIGATIONS BASED IN TORT, INCLUDING STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTEDERROR- FREE, OR ARISING FROM COURSE OF PERFORMANCETHAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, COURSE OF DEALING OR USEAGE OF TRADE OR FOR ANY LOSS OF USE, REVENUE OR PROFITMANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY OTHER INCIDENTAL EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR CONSEQUENTIAL DAMAGESSEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will perform substantially in accordance with the Documentation. However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, AND BUYER HEREBY WAIVES ALL SUCH OTHER WARRANTIESat the sole option of XXXX and subject to applicable law, REMEDIES OR LIABILITIESto repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless: (i) XXXX-Software has been properly installed and used at all times in accordance with the Documentation, (ii) no modification, EXPRESS OR IMPLIEDdeletion or addition has been made other than by XXXX, ARISING BY LAW OR OTHERWISEand (iii) XXXX receives written notice of the non-conformity within the warranty period. Any third party software products that are provided by XXXX are provided pursuant to the terms of the applicable third party end user license agreement, and End User’s use of any such third party product constitutes End User’s agreement to comply with the terms of the applicable third party end user license agreement. XXXX assumes no responsibility for, and specifically disclaims any liability or obligation with respect to, any third party software products. All such third party software products are provided with the third party’s warranty and without any additional warranty of any kind, whether express or implied.