Common use of LIMITED WARRANTY AND REMEDIES Clause in Contracts

LIMITED WARRANTY AND REMEDIES. WE warrant that the SOFTWARE will perform in substantial compliance with the specifications set forth in the user manual provided with the SOFTWARE, provided that it is not modified and it is used on computer hardware and with an operating system for which it was designed. These warranties are limited to the 90-day period from YOUR original purchase of a license to the SOFTWARE. If YOU report in writing within 90 days of purchase a substantial defect in the SOFTWARE’s performance, WE will attempt to correct it or, at OUR option, authorize a refund of the amount YOU originally paid for YOUR license to the SOFTWARE. In order to qualify for a claim of defective SOFTWARE and request a refund, YOU must have worked with a technician to remedy the problem first via our helpdesk and deactivated the software from any and all computers. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR USER MANUAL. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR USER MANUAL, INCLUDING THEIR MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR USER MANUAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because software in general is inherently complex and may not be completely free of errors, WE are not responsible for any costs including, but not limited to, lost profits or revenue, loss of time or use of the SOFTWARE, loss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. In no event will the liability of Circle Systems exceed the amount paid for the license to the SOFTWARE.

LIMITED WARRANTY AND REMEDIES. WE warrant that Forbes Computer Systems Limited warrants the SOFTWARE will perform CD on which the program is furnished to be free from defects in substantial compliance materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. This warranty is limited to you and is not transferable with the specifications set forth in the user manual provided with the SOFTWARE, provided that it is not modified and it is used on computer hardware and with an operating system for which it was designed. These warranties are limited to the 90-day period from YOUR original purchase of a license to the SOFTWARE. If YOU report in writing within 90 days of purchase a substantial defect in the SOFTWARE’s performance, WE will attempt to correct it or, at OUR option, authorize a refund of the amount YOU originally paid for YOUR license to the SOFTWARE. In order to qualify for a claim of defective SOFTWARE and request a refund, YOU must have worked with a technician to remedy the problem first via our helpdesk and deactivated the software from any and all computersprogram. THE WARRANTIES AND REMEDIES FOREGOING WARRANTY DOES NOT EXTEND TO ANY DISKETTE THAT HAS BEEN DAMAGED AS A RESULT OF ACCIDENT, MISUSE, ABUSE, OR AS A RESULT OF SERVICE OR MODIFICATION BY ANYONE OTHER THAN FORBES COMPUTER SYSTEMS LIMITED. EXCEPT AS EXPRESSLY SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERSABOVE, ORAL OR WRITTENNO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR USER MANUAL. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE OR USER MANUALTHIS PROGRAM, INCLUDING THEIR MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, INTEGRATION, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSES, AND FORBES COMPUTER SYSTEMS LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. WE WILL YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. Forbes Computer Systems Limited and its suppliers do not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error-free. You also assume responsibility for the selection of the program to achieve your intended results, and for the installation, use, and results obtained from the program. YOUR SOLE REMEDIES AND FORBES COMPUTER SYSTEMS LIMITED AND ITS SUPPLIER'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT XXXX XXXXXX COMPUTER SYSTEMS LIMITED OR ITS SUPPLIER'S BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECTDAMAGES, INDIRECTINCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPECIALEXPENSES, INCIDENTALLOST PROFITS, LOST SAVINGS, OR CONSEQUENTIAL OTHER DAMAGES ARISING FROM OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR USER MANUAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because software in general is inherently complex and may not be completely free of errors, WE are not responsible for any costs including, but not limited to, lost profits or revenue, loss of time or use of the SOFTWARE, loss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. In no event will the liability of Circle Systems exceed the amount paid for the license to the SOFTWAREPROGRAM.

LIMITED WARRANTY AND REMEDIES. WE warrant Rocket Software warrants that it will use reasonable efforts to perform the SOFTWARE will perform in substantial compliance with the specifications set forth in the user manual provided with the SOFTWAREservices to conform to generally accepted industry standards, provided that it is that: (a) the Software has not modified been modified, changed, or altered by anyone other than Rocket Software; (b) the operating environment, including both hardware and it is used on systems software, meets Rocket Software’s recommended specifications; (c) the computer hardware is in good operational order and with is installed in a suitable operating environment; (d) Client promptly notifies Rocket Software or an operating system Authorized Rocket Software Partner of its need for which it was designedservice; (e) Client provides adequate troubleshooting information and access so that Rocket Software or an Authorized Rocket Software Partner can identify and address problems; and (f) all fees due to Rocket Software or an Authorized Rocket Software Partner have been paid. These warranties are limited to the 90-day period from YOUR original purchase of a license to the SOFTWARE. If YOU report in writing within 90 days of purchase a substantial defect in the SOFTWARE’s performance, WE will attempt to correct it or, at OUR option, authorize a refund of the amount YOU originally paid for YOUR license to the SOFTWARE. In order to qualify for a claim of defective SOFTWARE and request a refund, YOU must have worked with a technician to remedy the problem first via our helpdesk and deactivated the software from any and all computers. THE WARRANTIES AND REMEDIES SET FORTH ABOVE THERE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR USER MANUAL. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. WE MAKE NO OTHER WARRANTIESWARRANTIES OF ANY KIND, REPRESENTATIONS, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS MAINTENANCE AGREEMENT, AND THE SERVICES TO BE PROVIDED BY ROCKET SOFTWARE OR USER MANUALUNDER IT INCLUDING, INCLUDING THEIR MERCHANTABILITYBUT NOT LIMITED TO, SATISFACTORY QUALITY, NON-INFRINGEMENT ANY IMPLIED WARRANTIES OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL IN Client’s sole and exclusive remedy and Rocket Software’s only obligation under this warranty is to modify the program or redo the technical support services until the Software conforms to the most recent specifications produced by Rocket Software. CLIENT ACKNOWLEDGES AND AGREES THAT UNDER NO EVENT CIRCUMSTANCES SHALL ROCKET SOFTWARE BE LIABLE FOR ANY DIRECTLOSS, COST, EXPENSE, OR DAMAGE TO CLIENT IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE ANNUAL MAINTENANCE FEE. CLIENT ACKNOWLEDGES AND AGREES THAT ROCKET SOFTWARE SHALL NOT BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR USER MANUAL, EVEN IF WE HAVE ROCKET SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because software in general is inherently complex and may not be completely free of errorsCLIENT WILL INDEMNIFY, WE are not responsible for any costs includingDEFEND, but not limited to, lost profits or revenue, loss of time or use of the AND HOLD HARMLESS ROCKET SOFTWARE, loss of dataAND ITS EMPLOYEES, the cost of recovering software or dataAGENTS, the cost of substitute softwareAND CONTRACTORS, claims by third partiesAGAINST ANY LOSS, or similar costs. In no event will the liability of Circle Systems exceed the amount paid for the license to the DAMAGE, EXPENSE, OR COST, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM, DEMAND, PROCEEDING OR LAWSUIT RELATED TO CLIENT ’S UNAUTHORIZED USE OR MISUSE OF THE SOFTWARE.

LIMITED WARRANTY AND REMEDIES. WE warrant Dallas Semiconductor warrants that the SOFTWARE media containing the Software, if provided by Dallas Semiconductor, is free from defects in materials and workmanship under normal use for a period of 60 days from the date of delivery to You, the original recipient of the Software, as evidenced by a copy of your receipt. During the 60 day period, Dallas Semiconductor will perform in substantial compliance at its option, either replace the defective media or return the Licensee Fee paid for the Software included on the media not meeting this limited warranty. This is your sole remedy and Dallas Semiconductor’s only liability under this limited warranty. Except as provided above with the specifications set forth in the user manual provided with the SOFTWARE, provided that it is not modified and it is used on computer hardware and with an operating system for which it was designed. These warranties are limited respect to the 90-day period from media, TO THE EXTENT PERMITTED BY YOUR original purchase of a license to the SOFTWARE. If YOU report in writing within 90 days of purchase a substantial defect in the SOFTWARE’s performanceAPPLICABLE LAW, WE will attempt to correct it orNO OTHER WARRANTIES, at OUR option, authorize a refund of the amount YOU originally paid for YOUR license to the SOFTWARE. In order to qualify for a claim of defective SOFTWARE and request a refund, YOU must have worked with a technician to remedy the problem first via our helpdesk and deactivated the software from any and all computers. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, ORAL OR WRITTEN, EITHER EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR USER MANUAL. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE OR USER MANUALSOFTWARE, INCLUDING THEIR INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT (EXCEPT THAT IMPLIED WARRANTIES ON THE MEDIA WHICH ARE LIMITED IN DURATION TO THE SIXTY (60) DAY PERIOD DESCRIBED ABOVE). WE DALLAS SEMICONDUCTOR DOES NOT WARRANT THAT THE SOFTWARE OR ANY FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR ANY COMPONENT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. DALLAS SEMICONDUCTOR HAS NO OBLIGATION OR RESPONSIBILITY TO CORRECT ANY ERRORS OR DEFECTS IN THE SOFTWARE. THE ENTIRE LIABILITY OF DALLAS SEMICONDUCTOR UNDER THIS LICENSE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. TO THE EXTENT PERMITTED BY YOUR APPLICABLE LAW, IN NO EVENT WILL DALLAS SEMICONDUCTOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECTDAMAGES INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECTEXPENSES, SPECIALLOST PROFITS, INCIDENTALLOST SAVINGS, OR CONSEQUENTIAL OTHER DAMAGES ARISING FROM THE OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR USER MANUALSOFTWARE, EVEN IF WE HAVE DALLAS SEMICONDUCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE OR SUCH DAMAGE WAS DUE TO DALLAS SEMICONDUCTOR’S OWN NEGLIGENCE. Because Some states or provinces do not allow limitation of how long implied warranties last, and do not allow the exclusion or limitation of damages, so the above limitations may not apply to You. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. It is understood that Dallas Semiconductor has no obligation to continue to distribute the software in general is inherently complex or any component thereof, and may discontinue its availability as a standard product. You agree that iBUTTON™, TMEX™ and Touch Memory Executive™ Software are trademarks of Dallas Semiconductor in the United States and other foreign countries. You may not be completely free use the trademarks of errors, WE are not responsible for any costs including, but not limited to, lost profits Dallas Semiconductor in your software product name or revenue, loss of time trade name or use of the SOFTWARE, loss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. In no event will the liability of Circle Systems exceed the amount paid for the license to the SOFTWAREcompany name.