Common use of Limited Warranty and Limitation of Liability Clause in Contracts

Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam warrants that it has 8.1. Unless otherwise specified in the right and authority to grant applicable warranty statement, the License under this XXXX. Veeam will defend or, Documentation or in any other media at its option, settle any action against End User based upon a claim that its use the time of shipment of the Software infringes any patent, copyright or other intellectual property right of a third partyby Motorola Solutions, and will indemnify End User against any amounts awarded against End User as a result for the warranty period specified therein, for the first 120 days after initial shipment of the claimSoftware to the End-User Customer, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam Motorola Solutions warrants that the Software, in its unmodified form as initially delivered or made available to End Userwhen installed and/or used properly, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days be free from the date the Software is delivered to End Userreproducible defects that materially vary from its published specifications. This warranty Motorola Solutions does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeamwarrant that End-User Customer’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure use of the Software is or the result of damage Products will be uninterrupted or misuse caused by End Usererror-free or that the Software or the Products will meet End-User Customer’s particular requirements. EXCEPT MOTOROLA SOLUTIONS’ TOTAL LIABILITY, AND END-USER CUSTOMER’S SOLE REMEDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA SOLUTIONS’ OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR PAYMENT OF END-USER CUSTOMER’S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO MOTOROLA SOLUTIONS FOR THE LIMITED WARRANTY SET FORTH ABOVE, SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE SOFTWARE IS PROVIDED 'EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST END-USER CUSTOMER; SUBSEQUENT TRANSFEREES MUST ACCEPT THE SOFTWARE “AS IS”, WITHOUT WARRANTY ” AND WITH NO WARRANTIES OF ANY KIND. MOTOROLA SOLUTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTSMERCHANTABILITY, MERCHANTABLE OR FIT NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO ORAL EVENT WILL MOTOROLA SOLUTIONS BE LIABLE FOR SPECIAL, INCIDENTAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTYCONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION BUT NOT LIMITED TO, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, OR SAVINGS, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY WAY INCREASE THE SCOPE OF, THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofREMEDY.

Limited Warranty and Limitation of Liability. Veeam warrants Licensor warrants, for your benefit alone, that it has the right and authority Licensed Program conforms in all material respects to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use USER MANUALS for the current version of the Software infringes any patentLicensed Program set forth. -------------------------------------------------------------------------------- Robocom Systems Inc. & Xxxxxxx International Holdings LTD Page 14 Distributor Agreement December, copyright or other intellectual property right 1995 -------------------------------------------------------------------------------- This warranty is expressly conditioned on your observance of a third partythe operating, security, and will indemnify End User against any amounts awarded against End User as a result of data-control procedures set forth in the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance 's Manual included with the Documentation Licensed Program. This warrantee is granted by the Licensor to the Licensee for a warranty period of ninety (90) days after acceptance by the Licensee. Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your requirements. The foregoing warranty shall apply only to the date most current version of the Software Licensed Program issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Licensed Program. As your exclusive remedy for any material defect in the Licensed Program for which Licensor is delivered responsible, Licensor shall attempt through reasonable effort to End Usercorrect or cure any reproducible defect by issuing corrected instructions, a restriction, or a bypass. Licensor shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Program if you have made any changes whatsoever to the Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and nature of such nonconformity or defect promptly upon discovery thereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. The cumulative liability of Licensor to you for all claims relating to the Licensed Program and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all license fees paid to Licensor hereunder. This warranty does limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. This limitation of liability shall not apply to Licenses under sections 4.0 and 5.0the indemnification provided in Section 6 hereof. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defectLicensor shall have no liability for loss of data or documentation, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User it being understood that you are responsible for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTYreasonable backup precautions. In no event will Veeam, its affiliates, resellers, or distributors or suppliers shall Licensor be liable for any indirectloss of profits; any incidental, special, incidental exemplary, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, damages; or any and all other commercial damages claims or lossesdemands brought against you, even if Licensor has been advised of the possibility thereofof such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.

Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXXLIMITED WARRANTY. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam Distributor warrants that the Software, in its unmodified form as initially delivered or made available to End User, Software Product will perform substantially in accordance with the Documentation for a warranty period of ninety its accompanying documents (90printed or electronic) days from on the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure receipt of the Software is the result Product and for an additional period of damage or misuse caused by End Usertwenty- four (24) months from that date. EXCEPT FOR THE THIS LIMITED WARRANTY SET FORTH ABOVE, IS THE SOFTWARE ONLY EXPRESS WARRANTY THAT IS PROVIDED 'TO YOU. You also have an implied warranty, BUT ONLY AS ISTO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (24 months), and only if an implied warranty is created by your state or other jurisdiction and federal or state law prohibits disclaimer of it (this implied warranty, if applicable, and the above limited warranty are, collectively, the “Limited Warranty”). AS TO ANY DEFECTS DISCOVERED AFTER THE 24 MONTH PERIOD, WITHOUT THERE IS NO WARRANTY OF ANY KIND. Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts, EXPRESS OR IMPLIEDso the above limitation may not apply to you. example Distributor: ATTN: Telephone: (insert name, title or department responsible for warranty obligations) LIMITATIONS ON REMEDIES AND DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth above. Except for any refund elected by Distributor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTSBUT NOT LIMITED TO INCIDENTAL, MERCHANTABLE INDIRECT OR FIT FOR A PARTICULAR PURPOSECONSEQUENTIAL DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTYSection 6 of this Agreement (see below) applies to this Limited Warranty and the terms of that section are made a part of this Limited Warranty by this reference. In no event will Veeam, its affiliates, resellers, Some states or distributors other jurisdictions do not allow the exclusion or suppliers be liable for any indirect, special, limitation of incidental or consequential damages arising out of damages, so the use of above limitation or inability exclusion may not apply to use the Softwareyou. This Limited Warranty gives you specific legal rights. You may have others, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofwhich vary from jurisdiction to jurisdiction.

Limited Warranty and Limitation of Liability. Veeam warrants Licensor warrants, for your benefit alone, that it has the right and authority Licensed Program conforms in all material respects to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use USER MANUALS for the current version of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End UserLicensed Program set forth. This warranty does is expressly conditioned on your observance of the operating, security, and data-control procedures set forth in the User's Manual included with the Licensed Program. This warrantee is granted by the Licensor to the Licensee for a period of One Year (1) after acceptance by the Licensee. Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your requirements. The foregoing warranty will apply only to the most current version of the Licensed Program issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Licensed Program. As your exclusive remedy for any material defect in the Licensed Program for which Licensor is responsible, Licensor will attempt through reasonable effort to correct or cure any reproducible defect by issuing corrected instructions, a restriction, or a bypass. Licensor will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Program if you have made any changes whatsoever to the Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and nature of such nonconformity or defect promptly upon discovery thereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. The cumulative liability of Licensor to you for all claims relating to the Licensed Program and this Agreement, including any cause of action sounding in contract, tort, or strict liability, will not exceed the total amount of all license fees paid to Licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. This limitation of liability will not apply to Licenses under sections 4.0 and 5.0the indemnification provided in Section 6 hereof. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defectLicensor will have no liability for loss of data or documentation, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User it being understood that you are responsible for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTYreasonable backup precautions. In no event will Veeam, its affiliates, resellers, or distributors or suppliers Licensor be liable for any indirectloss of profits; any incidental, special, incidental exemplary, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, damages; or any and all other commercial damages claims or lossesdemands brought against you, even if Licensor has been advised of the possibility thereofof such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.

Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED '“AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam warrants Based on the information you provide through the Site, we will provide the Services in a good, xxxxxxx like and professional manner. As indicated in the Site, you are responsible for reviewing and revising any SDSs generated through the Site and are responsible for any final published or otherwise distributed SDSs. You agree that it has you shall indemnify and hold the right UL Companies harmless from and authority to grant the License under this XXXX. Veeam will defend oragainst any claims against such entities, at its optionwhich are in any way connected with any final, settle any action against End User based upon published or otherwise distributed SDS, unless a claim that its use results from the gross negligence or willful misconduct of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End UserUL Companies. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY STATED HEREIN, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY UL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTS, MERCHANTABLE OR FIT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY DELIVERABLE HEREUNDER. THE UL COMPANIES’ TOTAL LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE FEE PAID HEREUNDER FOR THE PARTICULAR SERVICE DIRECTLY INVOLVED. IN NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM EVENT WILL EITHER YOU OR ANY THIRD PARTYUL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATIONLIMITING THE GENERALITY OF THE FOREGOING, ANY VEEAM DISTRIBUTORS DAMAGE OR RESELLERSLOSS RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR FROM LOSS OF DATA, SHALL CREATE ANY WARRANTY IN ADDITION TOPROFITS, USE, BUSINESS, BUSINESS INFORMATION, OR IN ANY WAY INCREASE OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE SCOPE OFPOSSIBILITY OF SUCH DAMAGE, THE LIMITED WARRANTYHOWEVER CAUSED. In no event This limitation of liability will Veeamapply regardless of the form of action, its affiliateswhether in contract, resellerstort (including negligence), strict liability, or distributors or suppliers be liable for any indirectotherwise. ALTHOUGH THE SITE CONTAINS CERTAIN CONTENT RELATING TO LAWS AND REGULATIONS, specialSUCH CONTENT IS INTENDED TO BE A GENERAL INFORMATION RESOURCE AND REFERENCE TOOL, incidental or consequential damages arising out of the use of or inability to use the SoftwareAND IS NOT AN EXHAUSTIVE OR DETAILED ACCOUNT OF ALL POTENTIALLY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS, includingNOR SHOULD IT BE CONSTRUED AS SUCH. THE SITE SHOULD IN NO WAY BE CONSIDERED LEGAL ADVICE, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofINTERPRETATIVE COUNSEL OR OTHER PROFESSIONAL ADVICE. YOU ARE ENCOURAGED TO CONSULT WITH COUNSEL FOR LEGAL ADVICE REGARDING COMPLIANCE WITH ANY LAWS OR REGULATIONS DISCUSSED IN THE SITE.

Limited Warranty and Limitation of Liability. Veeam Altair warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date after Licensee initially receives the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event that the Software fails will perform substantially as described in a material respect to operate in accordance with the then current Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Softwarethis Agreement. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS AGT AND ALTAIR DO NOT REPRESENT OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANT THAT THE SOFTWARE IS FREE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT IT WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. AGT AND ALTAIR EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF DEFECTSMERCHANTABILITY, MERCHANTABLE OR FIT NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE OR RESULTS OBTAINED FROM USE OF THE SOFTWARE RESTS WITH LICENSEE AND NOT AGT OR ALTAIR. AGT AND ALTAIR MAKE NO ORAL WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR WRITTEN INFORMATION ANY OTHER ASPECT OF ANY DESIGN, PROTOTYPE OR ADVICE GIVEN FINAL PRODUCT DEVELOPED BY VEEAM LICENSEE USING THE SOFTWARE. AGT, ALTAIR AND THEIR SUPPLIERS’ TOTAL LIABILITY TO LICENSEE UNDER THIS AGREEMENT WHETHER CREATED BY THE LAW OF CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES WHICH ARE PROVEN AND IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY LICENSEE UNDER THE THEN CURRENT TERM OF THE LICENSE. ALTAIR, ITS SUPPLIERS AND THE U.S. GOVERNMENT SHALL NOT BE LIABLE TO LICENSEE OR ANYONE ELSE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER (INCLUDING LOSS OF PROFITS OR DATA, DEFECTS IN DESIGN OR PRODUCTS CREATED USING THE SOFTWARE, OR ANY INJURY OR DAMAGE RESULTING FROM SUCH DEFECTS, SUFFERED BY LICENSEE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE ) EVEN IF THEY HAD BEEN ADVISED OF THE SCOPE OF, THE LIMITED WARRANTYPOSSIBILITY OF SUCH DAMAGES. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out The foregoing limitations of warranty and liability inure to the use benefit of or inability to use AGT's licensors having an interest in the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofpackage.

Limited Warranty and Limitation of Liability. Veeam Averroes warrants that it has the right and authority to grant the License under this XXXX. Veeam Averroes will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam Averroes is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam Averroes warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam Averroes is unable to correct the defect, VeeamAverroes’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam Averroes for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM Averroes OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM Averroes DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will VeeamAverroes, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam Except with respect to any Free, Trial, or Community Versions of the Software for which XXXX provides no remedies or warranties, EMMA warrants that it has (a) for a period of thirty (360) days following the right initial delivery of the Software to You (the “Warranty Period’), the Software will perform in conformity with its Documentation; and authority (b) any Support Services will be provided with reasonable skill and care conforming to grant the License under this generally accepted software industry standards. No oral or written information or advice given by XXXX, its Resellers, dealers, distributors, agents, representatives or employees shall create any warranty or in any way increase any warranty provided herein. Veeam will defend or• Your exclusive remedy for XXXX’s breach of 6.1 is that XXXX will, at its optionoption and at no cost to You, settle any action against End User based upon a claim provide remedial services necessary to enable the Software to conform to the warranty or refund amounts paid in respect of the defective Software or Support Services. XXXX’s warranty obligations will only extend to material errors that its use can be demonstrated to exist in an unmodified version of the Software infringes any patent, copyright except where the modifications were carried out by XXXX or other intellectual property right with its written approval and in respect of a third party, and will indemnify End User against any amounts awarded against End User as a result of alleged breaches for which XXXX has received written notice within the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License feeWarranty Period, if any, paid by End User for the Softwareapplicable. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. • EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEIN THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS PROVIDED '“AS IS”” AND EMMA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WITHOUT WARRANTY OF ANY KINDWHETHER EXPRESS, EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. XXXX DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTSDEFECTS OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, MERCHANTABLE INTENDED OR FIT LICENSED FOR A PARTICULAR PURPOSEUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. XXXX SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. • IN NO ORAL EVENT WILL EMMA, ITS AFFILIATES, RESELLERS, OR WRITTEN INFORMATION DISTRIBUTORS OR ADVICE GIVEN BY VEEAM SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR ANY THIRD PARTYCONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TOMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXX’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU OR RESELLER, IF ORDERED THROUGH A RESELLER, FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE IN ANY WAY INCREASE THE SCOPE OF, TWELVE MONTHS IMMEDIATELY PRIOR TO THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofDATE THE CAUSE OF ACTION AROSE.

Limited Warranty and Limitation of Liability. Veeam Except with respect to any Free, Trial, or Community Versions of the Software for which EMMA provides no remedies or warranties, EMMA warrants that it has (a) for a period of thirty (360) days following the right initial delivery of the Software to You (the “Warranty Period’), the Software will perform in conformity with its Documentation; and authority (b) any Support Services will be provided with reasonable skill and care conforming to grant the License under this XXXXgenerally accepted software industry standards. Veeam will defend orNo oral or written information or advice given by EMMA, its Resellers, dealers, distributors, agents, representatives or employees shall create any warranty or in any way increase any warranty provided herein. • Your exclusive remedy for EMMA’s breach of 6.1 is that EMMA will, at its optionoption and at no cost to You, settle any action against End User based upon a claim provide remedial services necessary to enable the Software to conform to the warranty or refund amounts paid in respect of the defective Software or Support Services. EMMA’s warranty obligations will only extend to material errors that its use can be demonstrated to exist in an unmodified version of the Software infringes any patent, copyright except where the modifications were carried out by EMMA or other intellectual property right with its written approval and in respect of a third party, and will indemnify End User against any amounts awarded against End User as a result of alleged breaches for which EMMA has received written notice within the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License feeWarranty Period, if any, paid by End User for the Softwareapplicable. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. • EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEIN THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS PROVIDED '“AS IS”” AND EMMA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WITHOUT WARRANTY OF ANY KINDWHETHER EXPRESS, EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. EMMA DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTSDEFECTS OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, MERCHANTABLE INTENDED OR FIT LICENSED FOR A PARTICULAR PURPOSEUSE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. EMMA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. • IN NO ORAL EVENT WILL EMMA, ITS AFFILIATES, RESELLERS, OR WRITTEN INFORMATION DISTRIBUTORS OR ADVICE GIVEN BY VEEAM SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR ANY THIRD PARTYCONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TOMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMMA’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU OR RESELLER, IF ORDERED THROUGH A RESELLER, FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE IN ANY WAY INCREASE THE SCOPE OF, TWELVE MONTHS IMMEDIATELY PRIOR TO THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofDATE THE CAUSE OF ACTION AROSE.

Limited Warranty and Limitation of Liability. Veeam warrants Licensor warrants, for your benefit alone, that it has the right and authority Licensed Program conforms in all material respects to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use USER MANUALS for the current version of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End UserLicensed Program set forth. This warranty does is expressly conditioned on your observance of the operating, security, and data-control procedures set forth in the User's Manual included with the Licensed Program. This warrantee is granted by the Licensor to the Licensee for a period of One Year (1) after acceptance by the Licensee. Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your requirements. The foregoing warranty will apply only to the most recent version of the Licensed Program issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Licensed Program. As your exclusive remedy for any material defect in the Licensed Program for which Licensor is responsible, Licensor will attempt through reasonable effort to correct or cure any reproducible defect by issuing corrected instructions, a restriction, or a bypass. Licensor will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Program if you have made any changes whatsoever to the Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and nature of such nonconformity or defect promptly upon discovery thereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABLITY OR FITNESS FOR A PARTICULAR USE. The cumulative liability of Licensor to you for all claims relating to the Licensed Program and this Agreement, including any cause of action sounding in contract, tort, or strict liability, will not exceed the total amount of all license fees paid to Licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. This limitation of liability will not apply to Licenses under sections 4.0 and 5.0the indemnification provided in Section 6 hereof. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defectLicensor will have no liability for loss of data or documentation, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User it being understood that you are responsible for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTYreasonable backup precautions. In no event will Veeam, its affiliates, resellers, or distributors or suppliers Licensor be liable for any indirectloss of profits; any incidental, special, incidental exemplary, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, damages; or any and all other commercial damages claims or lossesdemands brought against you, even if Licensor has been advised of the possibility thereofof such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached -------------------------------------------------------------------------------- RIMS.2001 Computer End User License Page 39 International Distribution Agreement November 1996 -------------------------------------------------------------------------------- or have proven ineffective.

Limited Warranty and Limitation of Liability. Veeam warrants w xxxxxxx that it has the right and authority to grant the License under this XXXX. Veeam will w ill defend or, at its option, settle any action against End User based upon a claim that its use of the Software Softw are infringes any patent, copyright or other intellectual property right of a third party, and will w ill indemnify End User against any amounts awarded aw arded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants w xxxxxxx that the Software, in its unmodified form as formas initially delivered or made available to End User, will perform substantially w ill performsubstantially in accordance with the Documentation for a warranty w arranty period of ninety (90) days from the fromthe date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software Softw are fails in a material respect to t o operate in accordance with the Documentation during the warranty w arranty period and Veeam is Veeamis unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole sol e and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard ratesSoftw are. The foregoing limited warranty w arranty will not apply if failure of the th e Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED '"AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will w ill Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the SoftwareSoftw are, including, without limitation, damages for lost profits, loss of goodwill, work w ork stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXXLIMITED WARRANTY. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam Distributor warrants that the Software, in its unmodified form as initially delivered or made available to End User, Software Product will perform substantially in accordance with its accompanying documents (printed or electronic) on the Documentation date of receipt of the Software Product and for a warranty an additional period of ninety twenty- four (9024) days months from that date. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY THAT IS PROVIDED TO YOU. You also have an implied warranty, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (24 months), and only if an implied warranty is created by your state or other jurisdiction and federal or state law prohibits disclaimer of it (this implied warranty, if applicable, and the date above limited warranty are, collectively, the “Limited Warranty”). AS TO ANY DEFECTS DISCOVERED AFTER THE 24 MONTH PERIOD, THERE IS NO WARRANTY OF ANY KIND. Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. example To the extent allowed by applicable law, this Limited Warranty is only made to you, the first licensed user of the Software is delivered to End UserProduct, and there are no third party beneficiaries of this Limited Warranty. This warranty Limited Warranty is not intended for and does not apply to Licenses under sections 4.0 anyone else (except as required by law), including anyone to whom you make any authorized transfer of this Agreement. YOUR EXCLUSIVE REMEDY. Distributor’s and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive its suppliers’ (including Delta Controls) entire liability and End User’s sole and your exclusive remedy shall be, at Distributor’s option, (a) for Distributor to provide commercially reasonable technical support efforts to repair any defects, or (b) replace the Software Product, or (c) refund the license fee you paid for the Software Product which is returned to Distributor with a copy of your receipt. You may exercise this remedy without charge, except that you are responsible for any expenses you may incur. Any replacement software will be a refund warranted for the remainder of the License feeoriginal warranty period or thirty (30) days, if anywhichever is longer. To exercise your remedy, paid contact: Distributor: ATTN: (insert name, title or department responsible for warranty obligations) Telephone: LIMITATIONS ON REMEDIES AND DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth above. Except for any refund elected by End User for the Software. In the event a reported problem with the Software is End User’s faultDistributor, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF YOU ARE NOT ENTITLED TO ANY KIND, EXPRESS OR IMPLIEDDAMAGES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTSBUT NOT LIMITED TO INCIDENTAL, MERCHANTABLE INDIRECT OR FIT FOR A PARTICULAR PURPOSECONSEQUENTIAL DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTYSection 6 of this Agreement (see below) applies to this Limited Warranty and the terms of that section are made a part of this Limited Warranty by this reference. In no event will Veeam, its affiliates, resellers, Some states or distributors other jurisdictions do not allow the exclusion or suppliers be liable for any indirect, special, limitation of incidental or consequential damages arising out of damages, so the use of above limitation or inability exclusion may not apply to use the Softwareyou. This Limited Warranty gives you specific legal rights. You may have others, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofwhich vary from jurisdiction to jurisdiction.

Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam For so long as the Licensee is an active account, Licensor warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use performance of the Licensed Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result to conform in all material respects to the specifications for the current version of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Licensed Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does is expressly conditioned on your observance of the operating, security, and data-control procedures set forth in the User’s Manual included with the Licensed Software. Licensor is not responsible for obsolescence of the Licensed Software that may result from changes in your requirements. The foregoing warranty shall apply only to Licenses under sections 4.0 the most current version of the Licensed Software issued by Licensor as delivered from the client server. Licensor is responsible to make available the most recent version of the Licensed Software accessible and 5.0resident on the client server. As your exclusive remedy for any material defect in the Licensed Software for which Licensor is responsible, Licensor shall attempt through reasonable effort to correct or cure any reproducible defect by issuing corrected instructions, a restriction, or a bypass. In the event the Software fails in Licensor does not correct or cure such nonconformity or defect after it has had a material respect reasonable opportunity to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defectdo so, Veeam’s sole and exclusive liability and End User’s sole and your exclusive remedy shall be a the refund of the License feeamount paid as the license fee for the defective or nonconforming module of the Licensed Software. Licensor shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Software if you have made any changes whatsoever to the Licensed Software, if anythe Licensed Software has been misused or damaged in any respect, paid by End User for or if you have not reported to Licensor the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure existence and nature of the Software is the result of damage such nonconformity or misuse caused by End Userdefect promptly upon discovery thereof. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVEIN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY EXISTENCE OF ANY KIND, EXPRESS LATENT OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF PATENT DEFECTS, MERCHANTABLE ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FIT FITNESS FOR A PARTICULAR PURPOSEUSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTYThe cumulative liability of Licensor to you for all claims relating to the Licensed Software and this Agreement, INCLUDINGincluding any cause of action sounding in contract, WITHOUT LIMITATIONtort, ANY VEEAM DISTRIBUTORS OR RESELLERSor strict liability, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTYshall not exceed the total amount of all license fees paid to Licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. This limitation of liability shall not apply to the indemnification provided in Section 6 hereof. In no event will Veeam, its affiliates, resellers, or distributors or suppliers shall Licensor be liable for any indirectloss of profits; any incidental, special, incidental exemplary, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, damages; or any and all other commercial damages claims or lossesdemands brought against you, even if Licensor has been advised of the possibility thereofof such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. You may have additional rights under certain laws (e.g., consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If such laws apply, our exclusions or limitations do not apply to you.

Limited Warranty and Limitation of Liability. Veeam warrants that it has Subject to the right exceptions listed in Section 3(e) and authority the limitations and disclaimers set forth below, Olympus's sole warranty and representation to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of Customer is the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails Services shall be performed in a material respect to operate in accordance with the Documentation during the warranty period good and Veeam is unable to correct the defectworkmanlike manner. OLYMPUS MAKES NO AND DISCLAIMS ALL OTHER REPRESENTATIONS, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License feeGUARANTIES, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY CONDITIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER, WHETHER EXPRESS OR IMPLIEDIMPLIED OR ARISING UNDER ANY STATUTE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT ORDINANCE, COMMERCIAL USAGE OR OTHERWISE, WITH RESPECT TO THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTYSERVICES PROVIDED HEREIN AND THE PRODUCTS AND MATERIALS PROVIDED IN CONNECTION WITH SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS WARRANTY OR RESELLERSREPRESENTATION AS TO THE MERCHANTABILITY OF THE SERVICE, SHALL CREATE ANY WARRANTY IN ADDITION TOPRODUCTS AND MATERIALS, OR THEIR FITNESS FOR A PARTICULAR PURPOSE, OR RELATING TO THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT, OR ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES HEREIN. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL OLYMPUS BE LIABLE TO THE CUSTOMER OR ANY WAY INCREASE THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, OR LIABILITIES TO OTHER PARTIES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, OR BY THE SCOPE OFNEGLIGENCE OF THE SERVICE PROVIDER OR OTHERWISE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT OLYMPUS’S LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY IS LIMITED TO THE PERFORMANCE OF THE SERVICES PROVIDED BY THIS AGREEMENT OR THE FAIR MARKET VALUE THEREOF. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER. THE CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE. IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW, THEY ARE LIMITED IN DURATION TO THE LIMITED LENGTH OF THIS WARRANTY. In no event will VeeamOLYMPUS DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES WILL OPERATE ERROR-FREE OR UNITERRUPTED, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofOR THAT THE SERVICES AND THE PRODUCTS AND MATERIALS PROVIDED IN CONNECTION WITH SUCH SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS.

Limited Warranty and Limitation of Liability. Veeam warrants that it has the right and authority to grant the License under this XXXXEULA. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam (a) Limited Warranty and Customer Remedies. Software FX warrants to the person or entity that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon first purchases a claim that its license for use of the Software infringes any patent, copyright or other intellectual property right pursuant to the terms of a third party, and will indemnify End User against any amounts awarded against End User as a result of this Software License Agreement that (i) the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, Software will perform substantially in accordance with the any accompanying Documentation for a warranty period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX's and its suppliers' entire liability and your exclusive remedy shall be, at Software FX's option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Software FX's Limited Warranty and which is delivered returned to End UserSoftware FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Evaluation and/or Pre-release Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates(b) No Other Warranties and Disclaimer. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End UserTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SOFTWARE FX OR ITS SUPPLIER'S BREACH OF WARRANTY. SOFTWARE FX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY SET FORTH ABOVEWARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SOFTWARE IS PROVIDED 'AS IS”FX AND ITS SUPPLIERS MAKE NO WARRANTIES, WITHOUT WARRANTY OF ANY KINDCONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE FX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTSMERCHANTABILITY, MERCHANTABLE OR FIT FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTYTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION WHICH VARY FROM STATE/JURISDICTION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam warrants Based on the information you provide through the Site, we will provide the Services in a good, xxxxxxx like and professional manner. As indicated in the Site, you are responsible for reviewing and revising any SDSs generated through the Site and are responsible for any final published or otherwise distributed SDSs. You agree that it has you shall indemnify and hold the right UL Companies harmless from and authority to grant the License under this XXXX. Veeam will defend oragainst any claims against such entities, at its optionwhich are in any way connected with any final, settle any action against End User based upon published or otherwise distributed SDS, unless a claim that its use results from the gross negligence or willful misconduct of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End UserUL Companies. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY STATED HEREIN, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY UL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTS, MERCHANTABLE OR FIT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY DELIVERABLE HEREUNDER. THE UL COMPANIES’ TOTAL LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE FEE PAID HEREUNDER FOR THE PARTICULAR SERVICE DIRECTLY INVOLVED. IN NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM EVENT WILL EITHER YOU OR ANY THIRD PARTYUL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATIONLIMITING THE GENERALITY OF THE FOREGOING, ANY VEEAM DISTRIBUTORS DAMAGE OR RESELLERSLOSS RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR FROM LOSS OF DATA, SHALL CREATE ANY WARRANTY IN ADDITION TOPROFITS, USE, BUSINESS, BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, HOWEVER CAUSED. This limitation of liability will apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. ALTHOUGH THE SITE CONTAINS CERTAIN CONTENT RELATING TO LAWS AND REGULATIONS, SUCH CONTENT IS INTENDED TO BE A GENERAL INFORMATION RESOURCE AND REFERENCE TOOL, AND IS NOT AN EXHAUSTIVE OR DETAILED ACCOUNT OF ALL POTENTIALLY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS, NOR SHOULD IT BE CONSTRUED AS SUCH. THE SITE SHOULD IN NO WAY BE CONSIDERED LEGAL ADVICE, INTERPRETATIVE COUNSEL OR OTHER PROFESSIONAL ADVICE. YOU ARE ENCOURAGED TO CONSULT WITH COUNSEL FOR LEGAL ADVICE REGARDING COMPLIANCE WITH ANY WAY INCREASE LAWS OR REGULATIONS DISCUSSED IN THE SCOPE OFSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT (INCLUDING THE DATA USE TIER DISCLOSURE), THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofUL COMPANIES DISCLAIM ANY RESPONSIBILITY RELATED TO A WERSCMART RECIPIENTS USE OR DISEMINATION OF YOUR INFORMATION IN VIOLATION OF ANY CONSENT PROVIDED BY A SUPPLIER THROUGH THE WERSCMART PLATFORM.

Limited Warranty and Limitation of Liability. Veeam VAR warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date after Licensee initially receives the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event that the Software fails will perform substantially as described in a material respect to operate in accordance with the then current Documentation during the warranty period and Veeam is unable to correct the defectthis Agreement. AGT, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS ALTAIR AND ITS VARS DO NOT REPRESENT OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY WARRANT THAT THE SOFTWARE IS FREE WILL MEET LICENSEE’S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. AGT, ALTAIR AND ITS VARS EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF DEFECTSMERCHANTABILITY, MERCHANTABLE OR FIT NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE OR RESULTS OBTAINED FROM USE OF THE SOFTWARE RESTS WITH LICENSEE AND NOT AGT, ALTAIR OR ITS VARS. AGT, ALTAIR AND ITS VARS MAKE NO ORAL WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR WRITTEN INFORMATION ANY OTHER ASPECT OF ANY DESIGN, PROTOTYPE OR ADVICE GIVEN FINAL PRODUCT DEVELOPED BY VEEAM LICENSEE USING THE SOFTWARE. AGT, ALTAIR AND ITS VARS AND THEIR SUPPLIERS’ TOTAL LIABILITY TO LICENSEE UNDER THIS AGREEMENT WHETHER CREATED BY THE LAW OF CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES WHICH ARE PROVEN AND IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY LICENSEE UNDER THE THEN CURRENT TERM OF THE LICENSE. ALTAIR AND ITS VARS, ITS SUPPLIERS AND THE U.S. GOVERNMENT SHALL NOT BE LIABLE TO LICENSEE OR ANYONE ELSE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING HEREUNDER (INCLUDING LOSS OF PROFITS OR DATA, DEFECTS IN DESIGN OR PRODUCTS CREATED USING THE SOFTWARE, OR ANY INJURY OR DAMAGE RESULTING FROM SUCH DEFECTS, SUFFERED BY LICENSEE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE ) EVEN IF THEY HAD BEEN ADVISED OF THE SCOPE OF, THE LIMITED WARRANTYPOSSIBILITY OF SUCH DAMAGES. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out The foregoing limitations of warranty and liability inure to the use benefit of or inability to use AGT's licensors having an interest in the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofpackage.

Limited Warranty and Limitation of Liability. Veeam 10.1. RiT warrants that it has the right and authority all Hardware sold to grant the License Distributor under this XXXXAgreement will be free from defects in materials and workmanship under normal use and service for a period of twelve (12) months from the date of the respective invoice (the “Warranty Period”). Veeam will defend orRiT will, at its option, settle either repair or replace the Hardware, which RiT determines to be defective in materials or workmanship, provided that Distributor immediately notifies RiT in writing of any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third partysuch defect, and will indemnify End User against any amounts awarded against End User as a result of provided further that such notice is given within the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0Warranty Period. In the event that RiT requests the Software fails return of the Hardware for the purpose of its repair, Distributor shall deliver the defective Hardware to RiT’s premises, at Distributor’s expense. Replacement shall in all case mean making the replacement Hardware available to the Distributor at RiT’s warehouse (Ex-Works). It is clarified that the Warranty Period will not be extended in the event that a material respect to operate in accordance with the Documentation during the warranty period and Veeam repair or a replacement of Hardware is unable to correct the defect, Veeam’s sole and exclusive liability and End Userperformed within such Warranty Period. Distributor’s sole and exclusive remedy shall with respect to defective Hardware will be a refund of the License feelimited to such repair or replacement. This limited warranty does not cover damage due to external causes including accident, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts usage not in accordance with its then standard ratesProduct’s instructions, vandalism, misuse, abuse, neglect, accident or improper handling, maintenance, operation, storage or testing, or alterations, modifications, adjustments or repairs made by persons other than RiT’s authorized service personnel. The foregoing limited warranty will Software is provided to Distributor in an “as is” condition. RiT SHALL HAVE NO LIABILITY TOWARDS DISTRIBUTOR OR ANY ON OF ITS CUSTOMERS, FOR ANY ERRORS, MALFUNCTIONS OR DEFECTS RESULTING FROM OR RELATED TO THE USE OF THE SOFTWARE. RiT does not apply if failure warrant that the operation of the Hardware or Software is the result of damage will be uninterrupted or misuse caused by End Usererror free. EXCEPT FOR THE LIMITED WARRANTY EXPRESS WARRANTIES SET FORTH ABOVEIN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KINDAND RiT HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN OR ARISING BY PERFORMANCE, CUSTOM OR USAGE IN THE TRADE, WITH RESPECT TO THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY LIMITATION, THE IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTS, MERCHANTABLE OR FIT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, Distributor shall be responsible to its affiliates, resellers, or distributors or suppliers be liable customers for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all warranties which it makes relating to Products and for ensuring that replacements and other commercial damages or losses, even if advised of adjustments required in connection with the possibility thereofsaid warranties are satisfactory.

Limited Warranty and Limitation of Liability. Veeam warrants Based on the information you provide through the Site, we will provide the Services in a good, xxxxxxx like and professional manner. As indicated in the Site, you are responsible for reviewing and revising any Safety Data Sheet generated through the Site and are responsible for any final published or otherwise distributed Safety Data Sheets. You agree that it has you shall indemnify and hold the right UL Companies harmless from and authority to grant the License under this XXXX. Veeam will defend oragainst any claims against such entities, at its optionwhich are in any way connected with any final, settle any action against End User based upon published or otherwise distributed Safety Data Sheet, unless a claim that its use results from the gross negligence or willful misconduct of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End UserUL Companies. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY STATED HEREIN, THE SOFTWARE IS PROVIDED 'AS IS”, WITHOUT WARRANTY UL I&I DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION LIMITATION, ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTS, MERCHANTABLE OR FIT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY DELIVERABLE HEREUNDER. THE UL COMPANIES’ TOTAL LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE FEE PAID HEREUNDER FOR THE PARTICULAR SERVICE DIRECTLY INVOLVED. IN NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM EVENT WILL EITHER YOU OR ANY THIRD PARTYUL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATIONLIMITING THE GENERALITY OF THE FOREGOING, ANY VEEAM DISTRIBUTORS DAMAGE OR RESELLERSLOSS RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR FROM LOSS OF DATA, SHALL CREATE ANY WARRANTY IN ADDITION TOPROFITS, USE, BUSINESS, BUSINESS INFORMATION, OR IN ANY WAY INCREASE OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE SCOPE OFPOSSIBILITY OF SUCH DAMAGE, THE LIMITED WARRANTYHOWEVER CAUSED. In no event This limitation of liability will Veeamapply regardless of the form of action, its affiliateswhether in contract, resellerstort (including negligence), strict liability, or distributors or suppliers be liable for any indirectotherwise. ALTHOUGH THE SITE CONTAINS CERTAIN CONTENT RELATING TO LAWS AND REGULATIONS, specialSUCH CONTENT IS INTENDED TO BE A GENERAL INFORMATION RESOURCE AND REFERENCE TOOL, incidental or consequential damages arising out of the use of or inability to use the SoftwareAND IS NOT AN EXHAUSTIVE OR DETAILED ACCOUNT OF ALL POTENTIALLY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS, includingNOR SHOULD IT BE CONSTRUED AS SUCH. THE SITE SHOULD IN NO WAY BE CONSIDERED LEGAL ADVICE, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofINTERPRETATIVE COUNSEL OR OTHER PROFESSIONAL ADVICE. YOU ARE ENCOURAGED TO CONSULT WITH COUNSEL FOR LEGAL ADVICE REGARDING COMPLIANCE WITH ANY LAWS OR REGULATIONS DISCUSSED IN THE SITE.

Limited Warranty and Limitation of Liability. Veeam Licensor warrants that it has the right and authority to grant the License under this XXXX. Veeam will defend or, at its option, settle any action against End User based upon a claim that its use of hat (i) the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation any accompanying documentation for a warranty period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at Software FX’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Licensor’s limited warranty and which is delivered returned to End UserLicensor with a copy of your receipt. This limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Evaluation and/or Pre-release Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard ratesNo Other Warranties and Disclaimer. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End UserTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR OR ITS SUPPLIER’S BREACH OF WARRANTY. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY SET FORTH ABOVEWARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE SOFTWARE IS PROVIDED 'AS IS”EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, WITHOUT WARRANTY OF ANY KINDLICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTSMERCHANTABILITY, MERCHANTABLE OR FIT FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/XXXXXXXXXXXX.XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO ORAL EVENT SHALL LICENSOR OR WRITTEN INFORMATION ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERSDAMAGES FOR LOSS OF BUSINESSPROFITS, SHALL CREATE ANY WARRANTY IN ADDITION TOBUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY WAY INCREASE CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULASHALL BE LIMITED TO THE SCOPE OFAMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, THE LIMITED WARRANTYthe above limitation may not apply to you. In no event will Veeamsuch states and jurisdictions, its affiliates, resellers, Licensor’s liability shall be limited to the greatest extent permitted by law and the limitations or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the use course of or inability business. The disclaimer and limited liability above are fundamental to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any this XXXX between Licensor and all other commercial damages or losses, even if advised of the possibility thereofYou.

Limited Warranty and Limitation of Liability. Veeam Hystax warrants that it has the right and authority to grant the License under this XXXX. Veeam Hystax will defend or, at its option, settle any action against End User based upon a claim that its use of the Software infringes any patent, copyright or other intellectual property right of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam Hystax is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam Hystax warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. This warranty does not apply to Licenses under sections 4.0 and 5.0. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam Hystax is unable to correct the defect, VeeamHystax’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. In the event a reported problem with the Software is End User’s fault, End User agrees to reimburse Veeam Hystax for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure of the Software is the result of damage or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED '‘AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM HYSTAX OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM HYSTAX DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will VeeamHystax, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.

Limited Warranty and Limitation of Liability. Veeam warrants a. Limited Warranty and Customer Remedies. Provided that an accurate assessment of the end user’s network environment has been performed and it has been determined that the right and authority to grant end user’s network meets the License under this XXXX. Veeam will defend or, Minimum Network Requirements at its option, settle any action against End User based upon a claim that its use the time of the Software infringes any patent, copyright or other intellectual property right installation of a third party, and will indemnify End User against any amounts awarded against End User as a result of the claim, provided Veeam is promptly notified of the assertion of the claim and has control of its defense or settlement. Veeam warrants that the Software, in its unmodified form as initially delivered ESI warrants and represents to the person or made available entity that first purchases the Software pursuant to End User, the Software License Agreement that (i) the Software will perform substantially in accordance with the any accompanying Documentation for a warranty period of ninety one (901) days year from the date of the ESI invoice for the Software is delivered (the “Software Limited Warranty Period”), and (ii) any Software Assurance and Software License Agreement Support provided by ESI shall be substantially as described in Section 6 of this Software License Agreement. The Minimum Network Requirements include Latency of 150ms or less; Jitter of 10ms or less; Packet Loss of 1% or less and adequate bandwidth to End Usersupport the end user’s total network loads during periods of peak demand. This warranty does Software Limited Warranty Period may be extended by purchasing the optional Software Assurance and Support Plan. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to Licenses under sections 4.0 and 5.0you. In To the event extent allowed by applicable law, implied warranties on the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Veeam is unable to correct the defect, Veeam’s sole and exclusive liability and End User’s sole and exclusive remedy shall be a refund of the License feeSoftware, if any, paid are limited to one (1) year or the duration of the optional extended Software Assurance and Support Plan purchased by End User for the Softwareyou, whichever is longer. In the event a reported problem with ESI’s entire liability and your exclusive remedy shall be, at ESI’s option, either (i) repair or (ii) replacement of the Software that does not meet ESI’s Limited Warranty. This Limited Warranty is End User’s fault, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply void if failure of the Software is the result of damage due to accident, abuse, misapplication, abnormal use, Trojan horse, virus or misuse caused by End User. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEother malicious external code, THE SOFTWARE IS PROVIDED 'AS IS”third party software not obtained from ESI, WITHOUT WARRANTY OF ANY KINDequipment failure, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VEEAM OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out inadequacy of the use network environment supporting the Software or any other cause or causes beyond the reasonable control of or inability ESI. Any replacement Software will be warranted, to use the same extent provided in this Section 3.a. for the original Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised the remainder of the possibility thereoforiginal Software Limited Warranty Period or the optional extended Software Assurance and Support Plan period, if applicable.