Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. 8.1 Licensor represents that for a period of one (1) year from execution of this License by Licensee that the Licensed Materials will substantially conform to Licensor’s published specifications for the Licensed Materials. Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach of the foregoing limited representation will be limited to error correction or replacement, or if neither is in Licensor’s opinion commercially feasible, termination of this License and refund of any license fee received by Licensor from Licensee for the Licensed Materials. 8.2 EXCEPT AS SPECIFICALLY STATED ABOVE, THE LICENSED MATERIALS LICENSED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Licensor does not warrant that the functions contained in any of the Licensed Materials will meet Licensee’s requirements, or that the operation of the Licensed Materials will be uninterrupted or error-free, or that defects in the Licensed Materials will be corrected. Furthermore, Licensor does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwise.

Limited Warranty and Disclaimer. 8.1 Each Licensor represents that warrants that, for a ------------------------------- period of one ninety (190) year days from execution the date of this License by Licensee that the Licensed Materials will substantially conform to Licensor’s published specifications for the Licensed Materials. Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach delivery of the foregoing limited representation will Licensor Licensed Products, (a) the Licensor's Licensed Products shall perform substantially in accordance with the documentation therefor, and (b) the media upon which the Licensor's Licensed Products are provided to the Licensee shall be limited free from defects in material and workmanship under normal use. This warranty covers only problems reported to error correction or replacement, or if neither is in Licensor’s opinion commercially feasible, termination of this License and refund of any license fee received by the Licensor from Licensee for during the Licensed Materials. 8.2 warranty period. WARRANTY DISCLAIMER: EXCEPT AS SPECIFICALLY EXPRESSLY STATED ABOVEHEREIN, THE EACH LICENSOR'S LICENSED MATERIALS LICENSED HEREUNDER PRODUCTS ARE PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSEDEXPRESS OR IMPLIED, IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. EACH LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE LICENSOR'S LICENSED PRODUCTS. The performance of each Licensor's Licensed Products varies with various manufacturers' equipment with which it is used. Each Licensor does not warrant that the Licensor's Licensed Products or the functions contained in any of the Licensor's Licensed Materials Products will meet the Licensee’s 's requirements, operate without interruption or that be error free. The exclusive remedy for breach by each Licensor of its limited warranty set forth above shall be replacement of any defective Licensor's Licensed Product or medium upon its return to the operation of Licensor within the Licensed Materials will be uninterrupted or error-free, or that defects in the Licensed Materials will be corrected. Furthermore, Licensor does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwisewarranty period.

Limited Warranty and Disclaimer. 8.1 Each Licensor represents that warrants that, for a period of one ninety (190) year days from execution the date of this License by Licensee that the Licensed Materials will substantially conform to Licensor’s published specifications for the Licensed Materials. Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach delivery of the foregoing limited representation will Licensor Licensed Products, (a) the Licensor's Licensed Products shall perform substantially in accordance with the documentation therefor, and (b) the media upon which the Licensor's Licensed Products are provided to the Licensee shall be limited free from defects in material and workmanship under normal use. This warranty covers only problems reported to error correction or replacement, or if neither is in Licensor’s opinion commercially feasible, termination of this License and refund of any license fee received by the Licensor from Licensee for during the Licensed Materials. 8.2 warranty period. WARRANTY DISCLAIMER: EXCEPT AS SPECIFICALLY EXPRESSLY STATED ABOVEHEREIN, THE EACH LICENSOR'S LICENSED MATERIALS LICENSED HEREUNDER PRODUCTS ARE PROVIDED “"AS IS” " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSEDEXPRESS OR IMPLIED, IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. EACH LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE LICENSOR'S LICENSED PRODUCTS. The performance of each Licensor's Licensed Products varies with various manufacturers' equipment with which it is used. Each Licensor does not warrant that the Licensor's Licensed Products or the functions contained in any of the Licensor's Licensed Materials Products will meet the Licensee’s 's requirements, operate without interruption or that be error free. The exclusive remedy for breach by each Licensor of its limited warranty set forth above shall be replacement of any defective Licensor's Licensed Product or medium upon its return to the operation of Licensor within the Licensed Materials will be uninterrupted or error-free, or that defects in the Licensed Materials will be corrected. Furthermore, Licensor does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwisewarranty period.

Limited Warranty and Disclaimer. 8.1 Solely with respect to the Software for which Licensor represents that receives a license fee, Licensor warrants that, for a period of one (1) year from execution the Term of this License by Licensee that Agreement, the Licensed Materials Software will substantially conform contain the functionality described in the Documentation, and when properly installed on a computer meeting the specifications set forth in, and operated in accordance with, the Documentation, will substantially perform in accordance therewith (the “Limited Warranty”). The Limited Warranty will not apply and will become null and void if Licensee breaches any provision of this License Agreement, or if Licensee, or any other person provided access to the Software by Licensee, whether or not in violation of this Agreement: (i) installs or uses the Software on or in connection with any hardware or software not specified in the Documentation; (ii) modifies or damages the Software, or the media on which it is provided, including abnormal physical or electrical stress; or (iii) misuses the Software, including any use of the Software other than as specified in the Documentation. If any Software covered by the Limited Warranty fails to perform substantially in accordance with the Documentation, and such failure is not excluded from Limited Warranty, Licensor will, subject to Licensee’s promptly notifying Licensor in writing of such failure, at its sole option, either, at Licensor’s published specifications election: (i) repair or replace the Software, provided that Licensee provides Licensor with all information Licensor requests to resolve the reported failure, including sufficient information to enable the Licensor to recreate such failure; or (ii) refund the license fees paid for such Software, subject to Licensee’s ceasing all use of and, if requested by Licensor, returning to Licensor all copies of the Licensed MaterialsSoftware. The remedies set forth in this Section 5 are Licensee’s sole remedies and Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach of the foregoing limited representation will be limited to error correction or replacement, or if neither is in Licensor’s opinion commercially feasible, termination of under this License and refund of any license fee received by Licensor from Licensee for the Licensed Materials. 8.2 Agreement. EXCEPT AS SPECIFICALLY STATED ABOVEFOR THE LIMITED WARRANTY, LICENSOR PROVIDES THE LICENSED MATERIALS LICENSED HEREUNDER ARE PROVIDED SOFTWARE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EITHER EXPRESSEDLICENSOR, IMPLIED ON ITS OWN BEHALF, AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE THIRD PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENTWARRANTIES, MERCHANTABILITY CONDITIONS OR OTHER TERMS REGARDING MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. Licensor does not warrant that the functions contained in any of the Licensed Materials will meet Licensee’s requirementsWITHOUT LIMITATION TO THE FOREGOING, or that the operation of the Licensed Materials will be uninterrupted or error-freeLICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, or that defects in the Licensed Materials will be correctedAND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. FurthermoreIN ADDITION, Licensor does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctnessLICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, accuracy, reliability or otherwiseSYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.

Limited Warranty and Disclaimer. 8.1 Licensor Xilinx represents that for a period of one (1) year from execution acceptance of this License by Licensee that the Licensed Materials will substantially conform to LicensorXilinx’s published specifications for the Licensed Materials. LicensorXilinx’s sole liability and Licensee’s exclusive remedy with respect to breach of the foregoing limited representation will be limited to error correction or replacement, or if neither is in LicensorXilinx’s opinion commercially feasible, termination of this License and refund of any license fee received by Licensor Xilinx from Licensee for the Licensed Materials. 8.2 EXCEPT AS SPECIFICALLY STATED ABOVE, THE LICENSED MATERIALS LICENSED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Licensor Xilinx does not warrant that the functions contained in any of the Licensed Materials will meet Licensee’s requirements, or that the operation of the Licensed Materials will be uninterrupted or error-free, or that defects in the Licensed Materials will be corrected. Furthermore, Licensor Xilinx does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwise.

Limited Warranty and Disclaimer. 8.1 Licensor represents A. Harmac warrants that all Products supplied will meet the Product Specifications for a period of one (1) year from such products as provided in writing by UNIVEC and agreed to by Harmac. Additionally, Harmac warrants that procedures as documented by Harmac Quality Assurance Specifications will be executed and that such execution of this License can be evidenced to UNIVEC's reasonable satisfaction. --------- * Confidential treatment has been sought by Licensee that the Licensed Materials will substantially conform to Licensor’s published specifications Company for the Licensed Materialsomitted portions and such material has been filed separately with the Commission. Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach of the MANUFACTURING AGREEMENT Page 3 Harmac Medical Products, Inc. & UNIVEC, Inc B. The foregoing limited representation will be limited to error correction or replacement, or if neither warranty is in Licensor’s opinion commercially feasiblelieu of all other warranties, termination of this License and refund of any license fee received by Licensor from Licensee for the Licensed Materials. 8.2 EXCEPT AS SPECIFICALLY STATED ABOVEexpressed or implied, THE LICENSED MATERIALS LICENSED HEREUNDER AND NO OTHER WARRANTIES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KINDGRANTED INCLUDING, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Licensor If the Product does not warrant conform to the warranty set forth herein, Harmac's sole liability and obligation shall be to replace the Product or refund the purchase price as Harmac may elect. Harmac's liability under the above warranty with respect to the Products or their use (including liability for negligence or otherwise) is limited exclusively to the remedies provided above and no other right or remedy will be available to UNIVEC or any other person. Harmac will in no event be liable to any person for any special, incidental or consequential damages to person or property arising from or under the above warranty or otherwise from or under the agreement, except to the extent mandated by applicable state law. C. UNIVEC shall have a period of thirty (30) days from the date of receipt to inspect and reject any shipment of Products on the grounds that it does not conform with the functions contained Product Specifications, provided UNIVEC confirms such non-compliance through generally acceptable quality control procedures. UNIVEC shall have the right to return any Product for which non-conformance to Product Specifications has been confirmed and receive, at its option, credit, replacement or refund. Products returned for failure to conform to the Specifications will not be accepted for credit unless the Products are returned in any accordance with Harmac's instructions accompanied by an explanation of the Licensed Materials will meet Licensee’s requirements, or that the operation nature of the Licensed Materials will be uninterrupted or error-free, or failure that defects in the Licensed Materials will be corrected. Furthermore, Licensor does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwiseis satisfactory to Harmac.

Limited Warranty and Disclaimer. 8.1 Licensor represents a) Hitek warrants that for Licensed Materials shall perform according to the specifications published by Hitek. Hitek warrants that Licensed Materials are free of virus, Trojan Horse, cancel bot, timebombs or other devices developed to disable or to erase, damage or corrupt software, hardware or data. Hitek warrants that if Licensee reports an Error associated with the Licensed Materials to Hitek in writing within a period of one hundred (1180) year days from execution of this License by Licensee that the Effective Date (the "Warranty Period"), then Hitek shall correct or provide a workaround for the Error or replace the Licensed Materials will with substantially conform to Licensor’s published specifications for the Licensed Materials. Licensor’s sole liability and Licensee’s exclusive remedy with respect to breach of the foregoing limited representation will be limited to error correction or replacementsimilar materials without such Error, or if neither is in Licensor’s the opinion of Hitek commercially feasible, termination of this License then Hitek may terminate the license granted to Licensee for such Licensed Materials and refund of any the license fee received by Licensor from Licensee Hitek for the such Licensed Materials. The foregoing describes the sole liability of Hitek and the exclusive remedy of Licensee with respect to any breach of the foregoing limited warranty. 8.2 b) EXCEPT AS SPECIFICALLY STATED ABOVEABOVE (5a), THE LICENSED MATERIALS LICENSED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Licensor Hitek does not warrant that the functions contained in any of the Licensed Materials will meet Licensee’s requirements, or that the operation of the Licensed Materials will be uninterrupted or error-free, or that defects in the Licensed Materials will be corrected. Furthermore, Licensor Hitek does not warrant or make any representations regarding use or the results of the use of the Licensed Materials in terms of correctness, accuracy, reliability or otherwise. c) Licensee acknowledges that use of the Licensed Materials in combination with other functionality, software or protocols may require licenses from third parties and Licensee accepts sole responsibility for obtaining such licenses. d) THE LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR FOR USE IN ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN LIFE-SUPPORT OR SAFETY