Common use of Limited Warranty and Disclaimers Clause in Contracts

Limited Warranty and Disclaimers. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Seqrite warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) days from the date of payment as evidenced by a copy of the payment receipt. Seqrite's only obligation under this Agreement is, at Seqrite's option, to either (a) return payment as evidenced by a copy of the receipt or (b) replace the disk that does not meet Seqrite's limited warranty and which is returned to Seqrite with the copy of the receipt. Note: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreement. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Limited Warranty and Disclaimers. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Seqrite a. Limited Warranty: MixMode warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) 30 days from the date of payment delivery, the Product will materially perform in accordance with its specifications, if any, and is free of any computer viruses, time bombs, or other malicious routines, which could intentionally cause damage to or corrupt data, storage media or equipment. MixMode does not warrant third party software, and MixMode represents that it has no material knowledge that such software does not function properly, contains any computer virus, or infringes any third party intellectual property right. b. Remedy for Breach of Warranty: Except as evidenced by a copy specifically stated herein, MixMode’s sole liability and the MixMode’s exclusive remedy for breach of the payment receipt. Seqrite's only obligation under provisions of this Agreement issection shall be, at Seqrite's MixMode’s option, either to either (a) return payment as evidenced by a copy of the receipt repair or (b) replace the disk Product that does not meet Seqrite's limited the MixMode warranty and which is returned to Seqrite with MixMode. Any replacement Product will be warranted for the copy remainder of the receipt. Noteoriginal warranty period or 30 days, whichever is longer. c. Disclaimer: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 4, THE PRODUCT AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” and AND ON AN “AS AVAILABLE” without warranty of any kindBASIS. MIXMODE DISCLAIMS ALL WARRANTIES OF ANY KIND, expressed or impliedWHETHER EXPRESS OR IMPLIED, including but not limited to the implied warranties of merchantabilityRELATING TO THE PRODUCT AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT, fitnessINCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, usageFITNESS FOR A PARTICULAR PURPOSE, performanceTITLE, satisfactory qualityQUIET ENJOYMENT, integrationOR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable lawUSAGE, OR TRADE. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS MIXMODE DOES NOT WARRANT THAT THE LICENSED SOFTWARESOFTWARE OR ANY PORTION OF THE PRODUCT, OR UPGRADES ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCT, WILL MEET YOUR REQUIREMENTS BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MIXMODE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MIXMODE OR ANY MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT WILL CREATE ANY WARRANTY REGARDING THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S USE ANY PORTION OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATESPRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK, AND UPGRADES WILL BE ERROR-FREE THAT MIXMODE IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR UNINTERRUPTEDMOBILE DEVICE USED IN CONNECTION WITH THE PRODUCT) OR ANY LOSS OF DATA. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manualTHE LIMITATIONS, as updated from time to timeEXCLUSIONS, subject to the following and Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; iiAND DISCLAIMERS IN THIS SECTION 4 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this AgreementMIXMODE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MIXMODE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Limited Warranty and Disclaimers. Media Warranty As the only warranty under this Agreement, You understand and in the case of accident, abuse or misapplication, Seqrite warrants to the original Licensee only, acknowledge that the disk(s) on which AxSTREAM® software, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is recorded is free from defects in the materials and workmanship under normal use and licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service for a period of thirty results, or warrant or represent that all program errors can or will be corrected. a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE. c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO. e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) days from the date of payment as evidenced by a copy of the payment receipt. Seqrite's only obligation under this Agreement isDAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, at Seqrite's option, to either (a) return payment as evidenced by a copy of the receipt or (b) replace the disk that does not meet Seqrite's limited warranty and which is returned to Seqrite with the copy of the receipt. Note: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATESIF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manualYOU MAY HAVE OTHER RIGHTS AS WELL, as updated from time to time, subject to the following and Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this AgreementWHICH MAY VARY ACCORDING TO JURISDICTION. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Limited Warranty and Disclaimers. Media Warranty As the only warranty under this Agreement, and in the case of accident, abuse or misapplication, Seqrite a. Limited Warranty: MixMode warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) 30 days from the date of payment delivery, the Product will materially perform in accordance with its specifications, if any, and is free of any computer viruses, time bombs, or other malicious routines, which could intentionally cause damage to or corrupt data, storage media or equipment. MixMode does not warrant third party software, and MixMode represents that it has no material knowledge that such software does not function properly, contains any computer virus, or infringes any third-party intellectual property right. b. Remedy for Breach of Warranty: Except as evidenced by a copy specifically stated herein, MixMode’s sole liability and the MixMode’s exclusive remedy for breach of the payment receipt. Seqrite's only obligation under provisions of this Agreement issection shall be, at Seqrite's MixMode’s option, either to either (a) return payment as evidenced by a copy of the receipt repair or (b) replace the disk Product that does not meet Seqrite's limited the MixMode warranty and which is returned to Seqrite with MixMode. Any replacement Product will be warranted for the copy remainder of the receipt. Noteoriginal warranty period or 30 days, whichever is longer. c. Disclaimer: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 4, THE PRODUCT AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” and AND ON AN “AS AVAILABLE” without warranty of any kindBASIS. MIXMODE DISCLAIMS ALL WARRANTIES OF ANY KIND, expressed or impliedWHETHER EXPRESS OR IMPLIED, including but not limited to the implied warranties of merchantabilityRELATING TO THE PRODUCT AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT, fitnessINCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, usageFITNESS FOR A PARTICULAR PURPOSE, performanceTITLE, satisfactory qualityQUIET ENJOYMENT, integrationOR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable lawUSAGE, OR TRADE. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS MIXMODE DOES NOT WARRANT THAT THE LICENSED SOFTWARESOFTWARE OR ANY PORTION OF THE PRODUCT, OR UPGRADES ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCT, WILL MEET YOUR REQUIREMENTS BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MIXMODE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MIXMODE OR ANY MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT WILL CREATE ANY WARRANTY REGARDING THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S USE ANY PORTION OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATESPRODUCT IS AT CUSTOMER’S OWN DISCRETION AND RISK, AND UPGRADES WILL BE ERROR-FREE THAT MIXMODE IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR UNINTERRUPTEDMOBILE DEVICE USED IN CONNECTION WITH THE PRODUCT) OR ANY LOSS OF DATA. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manualTHE LIMITATIONS, as updated from time to timeEXCLUSIONS, subject to the following and Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; iiAND DISCLAIMERS IN THIS SECTION 4 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this AgreementMIXMODE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MIXMODE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Limited Warranty and Disclaimers. Media Warranty As 6.1. Convercent warrants that (i) the only warranty under this AgreementSoftware will substantially perform the functions set forth in the applicable portions of the Convercent User Guide (the “Specification”), (ii) Support shall conform to the applicable level in the Support Offering and that the Support Offering shall not materially degrade during the Term, (iii) it shall provide Services in a workmanlike and professional manner pursuant to the terms of the Agreement and any applicable Statement of Work, and (iv) Convercent shall use industry standard measures to prevent viruses from being released in the case Software. If Customer notifies Convercent in writing of accidentany failure in the Software, abuse Support or misapplication, Seqrite warrants Services to materially conform to the original Licensee onlywarranties outlined above, that the disk(s) on which the software is recorded is free from defects in the materials and workmanship under normal use and service for a period of thirty (30) days from the date of payment as evidenced by a copy of the payment receipt. Seqrite's only obligation under this Agreement isConvercent shall, at Seqrite's option, to either its option and expense: (a) return payment as evidenced by a copy of the receipt or repair, (b) replace or reperform, or (c) if unable to repair such nonconformance or replace or reperform, terminate the disk that does not meet Seqrite's limited warranty and which is returned to Seqrite with Agreement (or the copy applicable Order Form) and, upon cessation of use of the receiptSoftware by Customer, issue a pro rata refund of the fees paid for any non-conforming portion of the Software, Support or Services. Note: This media warranty does not apply remedy is conditioned upon Customer providing information necessary to customers who have downloaded assist Convercent in resolving the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is “AS IS” and “AS AVAILABLE” without warranty nonconformance, including a documented example of any kindnonconformance, expressed or impliedsufficient information to enable Convercent to re-create the nonconformance. This Section 6.1 is Customer’s sole and exclusive remedy under the warranties. 6.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, including but CONVERCENT DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS RELATING TO THE SOFTWARE, SUPPORT, OR SERVICES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE. CONVERCENT DOES NOT WARRANT OR REPRESENT THAT THE SOFTWARE, SUPPORT OR SERVICES WILL BE DELIVERED FREE OF ANY DELAYS, OMISSIONS, OR ERRORS . 6.3. Convercent is not limited to responsible for any delays, delivery failures, or other loss or damage resulting from the implied warranties transfer of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use data over communications networks and any other warranties facilities which are disclaimed to the fullest extent permissible pursuant to the applicable lawnot directly controlled by Convercent. Seqrite warrants Customer acknowledges that the Licensed Software, as delivered by Seqrite will conform Software and Services may be subject to the descriptions problems inherent in the user manualuse of such communications facilities. 6.4. HoweverIn the event of any loss or damage to Customer Content, Seqrite does not offer any warranty regarding Customer's sole and exclusive remedy shall be for Convercent to use reasonable commercial endeavors to restore the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and Seqrite expressly disclaims any and all liabilities arising lost or damaged Customer Content from the following circumstances: i. Incompatibility caused latest back-up of such Customer Content maintained by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects Convercent in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this Agreementaccordance with its archiving procedure. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Limited Warranty and Disclaimers. Media Warranty As the only warranty under this Agreement, You understand and in the case of accident, abuse or misapplication, Seqrite warrants to the original Licensee only, acknowledge that the disk(s) on which AxSTREAM® software, although functionally complete, is inherently complex and may not be completely free of errors. Although SoftInWay will make reasonable efforts to correct any material nonconformity between the AxSTREAM® software and its then-current documentation that you bring to SoftInWay’s attention with written, documented reports, the AxSTREAM® software is recorded is free from defects in the materials and workmanship under normal use and licensed "as is." SoftInWay has no obligation to correct any deficiencies that you may discover, nor does SoftInWay guarantee its service for a period of thirty results, or warrant or represent that all program errors can or will be corrected. (a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SOFTINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE AxSTREAM® SOFTWARE IS PROVIDED "AS IS" AND YOU ACCEPT THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTINWAY, ITS AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, TERMS AND CONDITIONS, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY, OR THE PARTIES’ COURSE OF DEALINGS OR OTHERWISE, REGARDING THE AxSTREAM® SOFTWARE, RELATED DOCUMENTATION AND OTHER MATERIALS AND SERVICES INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN THE SOFTWARE. (c) SOFTINWAY DOES NOT WARRANT THAT THE AxSTREAM® SOFTWARE SHALL PERFORM WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT IT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. (d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTINWAY OR ITS LICENSORS, THEIR RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, SHALL INCREASE THE SCOPE OF THE ABOVE REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN CONNECTION WITH THE AxSTREAM® SOFTWARE OR ANY SERVICE RELATED THERETO. (e) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS SUCH LIMITATIONS, ANY IMPLIED REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS ARE LIMITED IN DURATION TO THIRTY (30) days from the date of payment as evidenced by a copy of the payment receipt. Seqrite's only obligation under this Agreement isDAYS FROM THE DATE YOU PURCHASED THE AxSTREAM® SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, at Seqrite's option, to either (a) return payment as evidenced by a copy of the receipt or (b) replace the disk that does not meet Seqrite's limited warranty and which is returned to Seqrite with the copy of the receipt. Note: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATESIF LONGER.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manualYOU MAY HAVE OTHER RIGHTS AS WELL, as updated from time to time, subject to the following and Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this AgreementWHICH MAY VARY ACCORDING TO JURISDICTION. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Limited Warranty and Disclaimers. Media Warranty As This warranty is expressly conditioned on Customer’s compliance with the only warranty under this Agreementoperating, security, and data-control procedures set forth in the case of accident, abuse User’s Manual and Documentation as provided by Company. As Customer’s exclusive remedy for any material nonconformity or misapplication, Seqrite warrants to the original Licensee only, that the disk(s) on which the software is recorded is free from defects defect in the materials and workmanship under normal use and service Software for which Company is responsible, Company shall attempt through commercially reasonable efforts to correct or cure any reproducible defect by issuing corrected instructions, as restriction or a bypass. In the event Company is unable to correct or cure such nonconformity or defect after it has had a reasonable period of thirty (30) days from the date of payment as evidenced by time to do so Customer’s exclusive remedy shall be a copy refund of the payment receipt. Seqrite's only obligation under this Agreement is, at Seqrite's option, to either (a) return payment amount paid as evidenced by a copy the license fee for the defective or nonconforming module of the receipt or (b) replace Software during the disk that does not meet Seqrite's limited warranty and which is returned to Seqrite with the copy of the receiptthen current term. Note: This media warranty does not apply to customers who have downloaded the Seqrite software online though Seqrite or its partner websites. Performance Warranty This software provided by Seqrite is “EXCEPT AS IS” and “AS AVAILABLE” without warranty of any kindEXPRESSLY SET FORTH IN THIS PARAGRAPH, expressed or impliedCOMPANY AND ORACLE SHALL HAVE NO LIABILITY FOR THE SERVICES, including but not limited to the implied warranties of merchantabilityTHE ORACLE PROGRAM OR ANY OTHER SERVICES PROVIDED, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law. Seqrite warrants that the Licensed Software, as delivered by Seqrite will conform to the descriptions in the user manual. However, Seqrite does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. SEQRITE MAKES NO WARRANTIES OR CLAIMS INCLUDING ANY LIABILITY FOR NEGLIGENCE; COMPANY AND ORACLE DO NOT WARRANT THAT THE LICENSED SOFTWARESERVICE WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, OR UPGRADES THAT COMPANY WILL MEET YOUR REQUIREMENTS CORRECT ALL ERRORS OR THAT THE USE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE LICENSED SOFTWARESERVICE THAT ARISE FROM CUSTOMER CONTENT OR THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. COMPANY EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, OPERATIONIMPLIED, CONTENT UPDATESSTATUTORY OR OTHERWISE, AND UPGRADES WILL BE ERROR-FREE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE, OR UNINTERRUPTED. You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and Seqrite expressly disclaims any and all liabilities arising from the following circumstances: i. Incompatibility caused by any software and/or hardware components installed on your device; ii. Any actions initiated by you or by third parties which were beyond the control of Seqrite; iii. Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Seqrite, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; iv. The deficiencies, defects in your device and related infringements; v. Your violations of the terms and conditions described in the user manual or in this AgreementFITNESS FOR A PARTICULAR PURPOSE. vi. Inability of Seqrite support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.