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 EULA. 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. 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 TNT warrants that it has the right Software will perform with substantially the same features and authority to grant functionality of the License under Software currently installed at TNC's premises for a period of one (1) year from the Effective Date. If during this EULA. Veeam will defend ortime period the Software does not perform as warranted, TNT shall, at its option, settle any action against End User based upon a claim that its use undertake to correct the Software, replace such Software free of charge or, if neither of the Software infringes any patentforegoing is commercially practicable, copyright or other intellectual property right of a third partyterminate this Agreement and refund to TNC the License Fee. In addition, 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 TNT warrants that the Software, media on which the Software is distributed will be free from defects in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation materials and workmanship under normal use for a warranty period of ninety (90) days from the date Effective Date. TNT will replace any defective media returned to TNT within the ninety (90) day period. The foregoing are TNC's sole and exclusive remedies for breach of warranty. The warranty set forth above is made to and for the benefit of TNC only. The warranty will apply only if: (a) the Software is delivered to End User. In the event the Software fails in a material respect to operate has been properly used at all times and in accordance with the Documentation during the warranty period and Veeam is unable instructions as communicated in writing by TNT; (b) no modification, alteration or addition has been made 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 faultby persons other than TNT or TNT's authorized representative; and (c) TNC has not requested modifications, End User agrees alterations or additions to reimburse Veeam for its correction efforts in accordance with its then standard rates. The foregoing limited warranty will not apply if failure the Software that cause it to deviate substantially from the same features and functionality of the Software is the result of damage or misuse caused by End Usercurrently installed at TNC's premises. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVE, TNT MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE IS OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED 'AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDTO TNC UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY MAINTENANCE AND SUPPORT. TNT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTY THAT THE SOFTWARE IS FREE WARRANTIES OF DEFECTS, MERCHANTABLE OR FIT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SAID OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO ORAL EVENT WILL TNT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR WRITTEN INFORMATION INDIRECT, SPECIAL, INCIDENTAL OR ADVICE GIVEN CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF TNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TNT WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VEEAM DELAY IN DELIVERY OR ANY THIRD PARTYFURNISHING THE SOFTWARE OR SAID SERVICES. TNT'S LIABILITY FOR DAMAGES WILL NOT, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE EVENT, EXCEED THE SCOPE OF, THE LIMITED WARRANTYLICENSE FEE PAID BY TNC TO TNT UNDER THIS AGREEMENT. In no event will Veeam, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages The provisions of this Section 6 allocate risks under this Agreement between TNC and TNT. TNT's pricing reflects this allocation of risks and limitation of liability. No action arising out of any breach or claimed breach of this Agreement or transactions contemplated by this Agreement may be brought by either party more than one (1) year after the use cause of action has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when a party knew or inability reasonably should have known of the breach or claimed breach. No employee, agent, representative or affiliate of TNT has authority to use bind TNT to any oral representations or warranty concerning the Software. Any representation and warranty of TNT concerning the Software not in this Agreement will be valid only if (a) it is in writing dated after the Effective Date, including, without limitation, damages for lost profits, loss and (b) the writing is executed by an officer of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereofTNT.

Limited Warranty and Limitation of Liability. Veeam warrants w xxxxxxx that it has the right and authority to grant the License under this EULAXXXX. 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. 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 EULAXXXX. 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 a) You may only use the Software and the Hardware after having read the instructions supplied with it has before you use it. If you have any difficulty using the right and authority Software and/or the Hardware, consult the instructions to grant the License under this EULA. Veeam will defend or, at its option, settle any action against End User based upon a claim that its check you are using it correctly. b) The use of the Software infringes any patentand the Hardware in a navigation system means that calculation errors can occur, 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 settlementfor instance caused by local environmental conditions and/or incomplete data. Veeam warrants TomTom cannot warrant that the TomTom Software, Hardware and/or Service operates error-free. c) TomTom warrants to you that the Hardware will be free from defects in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation workmanship and materials for a warranty period that is the shorter of ninety (90a) days two (2) years from the date that the Software Hardware was first purchased by you and (b) the period ending upon your breach of any term of the XXXX (“Warranty Period”). During the Warranty Period the Hardware will be repaired or replaced at TomTom’s option (“Limited Warranty”), without charge to you for either part or labor. This warranty covers the prompt replacement of the data carrier and the Hardware only. If the Hardware is delivered repaired after expiry or the end of the Warranty Period, the Warranty Period for the repair will expire six (6) months from the date of repair. This Limited Warranty does not apply to End User. In normal wear and tear, if the event the Software fails in a material respect Hardware is opened or repaired by someone not authorized by TomTom and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to operate in accordance heat and accident, abuse, non-compliance 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 instruc- tions supplied with the Software is End User’s faultand/or the Hardware, End User agrees to reimburse Veeam for its correction efforts in accordance with its then standard ratesneglect or misapplication. The foregoing limited warranty will Limited Warranty does not apply if failure cover physical damage to the surface of the Software Hardware. You cannot transfer this Limited Warranty to any other person. d) Some countries may not allow the exclusion or limitation of damages. If this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the result entire Limited Warranty, but rather the Limited Warranty shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations 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 each party shall be liable construed and enforced accordingly. e) Notwithstanding any damages that you might incur for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of TomTom and any of its suppliers under any provision of this XXXX and your exclusive remedy hereunder (except for lost profitsany remedy of repair or replacement elected by TomTom with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Software and/or the Hardware. f) Although suppliers of software or other data (“Suppliers”) are not a party to this XXXX and shall have no obligations hereunder, any such supplier is a third party ben- eficiary of the End User’s rights under this XXXX. Suppliers shall not, to the extent permitted by applicable law, in any way be liable for any damages, or loss of goodwillany kind, work stoppagewhether special, computer failure or malfunctiondirect, indirect, incidental, or any and all other commercial damages or lossesconsequential, even if advised arising from the use of the possibility thereofSoftware, the Hardware and/or the Service. Suppliers do not warrant, whether express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose of Supplier’s data used in the Software and/or the Hardware.

Limited Warranty and Limitation of Liability. Veeam Averroes warrants that it has the right and authority to grant the License under this EULAXXXX. 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 10.1. RiT warrants that it has the right and authority all Hardware sold to grant the License Distributor under this EULAAgreement 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 UserWarranty 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. Distributor shall be responsible to its customers for any and all warranties which it makes relating to Products and for ensuring that replacements and other adjustments required in connection with the said warranties are satisfactory. 10.2. THE SOLE REMEDIES FOR BREACH BY RiT OF ANY AND ALL WARRANTIES AND DIRSTIBUTOR’S SOLE REMEDIES, WHETHER IN CONTRACT OR IN TORT, ARISING FROM ANY PRODUCTS PROVIDED HEREUNDER, AND ANY OTHER PERFORMANCE BY RiT OR PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE EXPRESS REMEDIES PROVIDED HEREIN. IN NO ORAL EVENT SHALL RiT BE LIABLE FOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, THIRD-PARTY OR WRITTEN INFORMATION CONSEQUENTIAL DAMAGES OF ANY KIND, OR ADVICE GIVEN BY VEEAM FOR LOSS OF PROFITS ARISING OUT OF THE USE OF THE PRODUCTS, OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY VEEAM DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TOOTHERWISE ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER OR NOT RiT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT DEROGATION AND FOR SAKE OF CLARITY, RiT SHALL NOT BE LIABLE FOR ANY WAY INCREASE ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO THE SCOPE OF, USE OF THE LIMITED WARRANTYPRODUCT. 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 thereofIN NO EVENT SHALL RiT’S LIABILITY FOR DAMAGES OF ANY NATURE EXCEED AMOUNTS ACTUALLY PAID BY DISTRIBUTOR TO RiT FOR PRODUCTS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO RIT’s LIABILITY.

Limited Warranty and Limitation of Liability. Veeam Hystax warrants that it has the right and authority to grant the License under this EULAXXXX. 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. 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.