Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. Pwnie Express warrants that, during the term of this Agreement, the Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, if the Sensor hardware is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the cost of repair or replacement as determined by Pwnie Express. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE SOFTWARE AND SENSORS ARE PROVIDED “AS IS”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR SENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT DOES PWNIE EXPRESS WARRANT THAT THE OPERATION OF ANY SOFTWARE OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR FREE.

Limited Warranty and Disclaimer. Pwnie Express warrants thatEnd User may have specific rights with respect to the laws of its state, during country or other jurisdiction. End User may also have rights with respect to the term Reseller from which End User purchased XXXX-Software. This XXXX does not change those rights if the laws of this Agreementsuch state, country or other jurisdiction do not permit the XXXX to do so. Notwithstanding the foregoing, the Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors parties agree as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a thirdfollows: XXXX-party without the written consent of Pwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, if the Sensor hardware is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the cost of repair or replacement as determined by Pwnie Express. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE SOFTWARE AND SENSORS ARE PROVIDED IS LICENSED “AS IS” AND “WITH ALL FAULTS”. LICENSEE ACKNOWLEDGES THAT , AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO REFUNDS SHALL BE DUE WARRANTIES OR OWED LICENSEE WITH RESPECT TO CONDITIONS OF ANY SOFTWARE KIND OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ALL OTHER WARRANTIESNATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON- INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OR SENSORSQUALITY OF DATA, INCLUDING AS WELL AS ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR THE ABSENCE OF ANY OTHER WARRANTIES WHATSOEVERDEFECTS THEREIN, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE WHETHER LATENT OR TRADE PRACTICEPATENT. IN NO EVENT XXXX CANNOT GUARANTEE AND DOES PWNIE EXPRESS NOT WARRANT THAT THE OPERATION OF ANY THE XXXX-SOFTWARE OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL WILL BE UNINTERRUPTED OR ERROR ERROR- FREE., OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE 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, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or to refund the license fees paid and terminate this XXXX. This limited warranty will not apply unless:

Limited Warranty and Disclaimer. Pwnie Express warrants that, during the term of this Agreement, the Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, Further if the Sensor hardware Hardware is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the cost of repair or replacement as determined by Pwnie Express. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE SOFTWARE AND SENSORS ARE PROVIDED “AS IS”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR SENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT DOES PWNIE EXPRESS WARRANT THAT THE OPERATION OF ANY SOFTWARE OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR FREE.

Limited Warranty and Disclaimer. Pwnie Express warrants that, during The Licensee hereby agrees sole responsible for selecting and installing the term of this Agreement, Application and that the Software and Sensors shall substantially conform to the applicable Pwnie Express documentationmay not satisfy all requirements or be free from defects. In the event of a breach of the foregoing limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, if the Sensor hardware is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the cost of repair or replacement as determined by Pwnie Express. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, RIEDEL SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE AND SENSORS ARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE APPLICATION IS PROVIDED “AS IS”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE ” WITHOUT ANY REPRESENTATION, WARRANTY OR OWED LICENSEE WITH RESPECT TO CONDITION BY RIEDEL OF ANY SOFTWARE KIND, EXPRESS OR SENSORS CONTEMPLATED BY THIS LIMITED IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR SENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES CONDITION OF MERCHANTABILITY, MECHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- PURPOSE OR TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIEDEL OR ITS RESPECTIVE EMPLOYEES, USAGE AGENTS, SUPPLIERS OR TRADE PRACTICEDISTRIBUTORS WILL CREATE A WARRANTY. RIEDEL DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN NO EVENT DOES PWNIE EXPRESS WARRANT THAT TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE OPERATION DURATION OF ANY SOFTWARE SUCH IMPLIED WARRANTIES OR SENSORS OR PROVISION CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ANY SOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR FREEDELIVERY. The provisions of this licence supersede all prior agreements and representations.

Limited Warranty and Disclaimer. Pwnie Express UST warrants thatto Customer, during the term original purchaser, and to no other party, that if any physical media included with the Product, as and when provided to Customer , will be free of physical defects in materials and workmanship for a period of ninety (90) days after the date that Customer initially acquire the Product. Customer’s exclusive remedy and UST’s sole liability for breach of this Agreementwarranty is that UST will replace any defective media returned to 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 Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach remainder of the foregoing limited warrantyoriginal warranty period or twenty (20) days from the date we ship it to Customer, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, if the Sensor hardware whichever is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the cost of repair or replacement as determined by Pwnie Expresslonger. EXCEPT FOR THE THIS EXPRESS WARRANTIES SET FORTH HEREIN, THE SOFTWARE LIMITED WARRANTY AND SENSORS ARE PROVIDED “AS IS”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE SAVE WITH RESPECT TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, UST PROVIDES THIS PRODUCT "AS IS" AND WITHOUT WARRANTY OF ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTIONKIND. PWNIE EXPRESS SAVE AS FORESAID UST HEREBY EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT STATUTORY WARRANTIES INCLUDING BUT NOT LIIMITED TO THE SOFTWARE OR SENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, 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 ANY PARTY FOR ANY DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPUTER EQUIPMENT (HOSTED BY EITHER UST OR THE CUSTOMER OR ANY OTHER WARRANTIES WHATSOEVERTHIRD PARTY) WHERE UST PRODUCT IS DEPLOYED AND USED BY THE CUSTOMER, INCLUDING THOSE ARISING FROM COURSE COMPUTER PROGRAMS, DATA OR PROPRIETARY MATERIAL OR ANY SERVICE OR ITEMS OBTAINED BY THE CUSTOMER. TO THE EXTENT THAT UST MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF DEALINGAPPLICABLE LAW, USAGE OR TRADE PRACTICE. IN NO EVENT DOES PWNIE EXPRESS WARRANT THAT THE OPERATION SCOPE AND DURATION OF ANY SOFTWARE OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL SUCH WARRANTY WILL BE UNINTERRUPTED OR ERROR FREETHE MINIMUM PERMITTED UNDER SUCH LAW.

Limited Warranty and Disclaimer. Pwnie Express warrants that, during the term of this Agreement, the Software and Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of a breach that Customer elects to extend its license of the foregoing limited warrantyProduct after the expiration of the Evaluation Period, Pwnie ExpressSTM warrants that for a period of sixty (60) days after the end of the Evaluation Period, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used Product will perform substantially in accordance with the Pwnie Express documentationDocumentation. FurtherSTM’s and its licensors’ entire liability and Customer’s exclusive remedy under this warranty will be, if at the Sensor hardware is lostsole option of STM and subject to applicable law, stolen, damaged to replace the Product or altered, as described above, to refund the purchase price and terminate Customer’s license to the Product. This limited warranty does not cover any modification of the Product by Customer. STM does not warrant in any form the results or is altered or damaged as a result achievements of user error or negligence as determined by Pwnie Express, Licensee will be responsible for the cost of repair or replacement as determined by Pwnie ExpressProduct. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE EXPRESS ABOVE LIMITED WARRANTY, STM AND ITS LICENSORS MAKE AND CUSTOMER RECEIVES NO WARRANTIES SET FORTH HEREINOR CONDITIONS, THE SOFTWARE AND SENSORS ARE PROVIDED “AS IS”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR OTHERWISE; AND STM AND ITS LICENSORS SPECIFICALLY DISCLAIM WITH RESPECT TO THE SOFTWARE PRODUCT, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR SENSORS, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWAREERRORS, AND SPECIFICALLY DISCLAIMS THE ANY IMPLIED WARRANTIES WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT IS NOT DESIGNED, NON- INFRINGEMENT MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY OTHER WARRANTIES WHATSOEVEREQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, INCLUDING THOSE ARISING PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. CUSTOMER ASSUMES THE RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT AND HARDWARE TO ACHIEVE CUSTOMER’S INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT DOES PWNIE EXPRESS WARRANT THAT THE OPERATION OF ANY SOFTWARE OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL BE UNINTERRUPTED OR ERROR FREEPRODUCT AND HARDWARE.

Limited Warranty and Disclaimer. Pwnie Express Cobham Gaisler warrants that, during that the term program portion of this Agreement, the Software 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 Sensors shall substantially conform to the applicable Pwnie Express documentation. In the event of Licensee’s exclusive remedy for a breach of the foregoing preceding limited warranty shall be, at Cobham Gaisler’s option, either (a) return of the license fee, or (b) providing a fix, patch, work-around, or replacement of the SOFTWARE that does not meet such limited warranty, Pwnie Express, at its sole option and expense, shall repair, replace and/or modify any defective Software or defective Sensors as Licensee’s sole remedy. Pwnie Express shall have no warranty obligations if the Software or Sensors have been modified by Licensee or a third-party without the written consent of Pwnie Express or have not been used in accordance with the Pwnie Express documentation. Further, if the Sensor hardware is lost, stolen, damaged or altered, as described above, or is altered or damaged as a result of user error or negligence as determined by Pwnie ExpressIn either case, Licensee will be responsible must return the SOFTWARE to Xxxxxx Xxxxxxx with a copy of the purchase receipt or similar document. Replacements are warranted for the cost remainder of repair the original warranty period or replacement as determined by Pwnie Express30 days, whichever is longer. EXCEPT FOR THE EXPRESS WARRANTIES AS EXPRESSLY SET FORTH HEREINABOVE, THE SOFTWARE AND SENSORS ARE PROVIDED “AS IS”. LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OTHER WARRANTIES OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE OR SENSORS CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. PWNIE EXPRESS DISCLAIMS ANY AND ALL OTHER WARRANTIESCONDITIONS, WHETHER EITHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, ARE MADE BY COBHAM GAISLER WITH RESPECT TO THE SOFTWARE OR SENSORSAND THE ACCOMPANYING DOCUMENTATION, AND COBHAM GAISLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT DOES PWNIE EXPRESS COBHAM GAISLER DO NOT WARRANT THAT THE OPERATION OF ANY FUNCTIONS CONTAINED IN THE SOFTWARE OR SENSORS OR PROVISION OF ANY SOFTWARE OR SENSORS SHALL WILL MEET LICENSEE’S REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE PROGRAM WILL BE CORRECTED. Licensee assumes the entire risk as to the results and performance of the SOFTWARE. Limitation of Liability. IN NO EVENT SHALL COBHAM GAISLER OR THEIR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF COBHAM GAISLER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COBHAM XXXXXXX BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF LICENSEE’S USE OF THE SOFTWARE. In no event will Cobham Gaisler or its licensors be liable to Licensee for damages in an amount greater than the fees paid for the use of the SOFTWARE.