Common use of Limited Warranty Clause in Contracts

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsTHE WEBSITE IS PROVIDED “AS IS” AND, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensEXCEPT FOR ANY WARRANTY, security interests or encumbrances by any party claiming byCONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, through or under SellerALL WARRANTIES IMPLIED OR OTHERWISE ARE EXCLUDED. SELLER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, THE OXFORD GROUP DOES NOT MAKE, AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES DISCLAIMS, ANY AND ALL OTHER ORAL REPRESENTATION OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTY, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, THE WARRANTIES OF DESIGNTIMELINESS, MERCHANTABILITY AND COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF ANY KIND WITH RESPECT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). SELLER WITHOUT LIMITATION OF THE FOREGOING, THE OXFORD GROUP EXPRESSLY DISCLAIMS ANY DOES NOT WARRANT THAT THE WEBSITE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE WEBSITE. CUSTOMER SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER THE PERFORMANCE OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase priceTHE WEBSITE. The foregoing sets forth Seller’s entire obligation Oxford Group makes no warranty or representation and liability to Customer gives no indemnity in respect of any third party's products, whether or not obtained from the ProductsOxford Group. The Oxford Group’s supply of any such third party-produced products may be subject to separate terms and conditions of the manufacturer or licensor, and Customer accepts which will be specified at the same as its entire right and sole remedy time of purchase in relation to such product. Any samples, training materials, descriptive material or advertising related to the Website, whether or not produced by the Oxford Group and any breach descriptions contained in or on the Oxford Group’s websites or in the Oxford Group’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Agreement or have any contractual force. Customer acknowledges that Customer has not relied on any statement, promise, representation, assurance or warranty made or given by Seller any member of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESthe Oxford Group or its agents which is not set out in the Agreement.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE ANDXXX/OR GROSS NEGLIGENCEXX XXXXX XXXXXXXXXX), STRICT XXXXXX LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller 8.1 Smart MLS warrants to Customer for a period of twelve (12) months following delivery only Firm that (a) it owns or otherwise has rights in the Products shall conform RETS Data and has the right to license the description and specificationsRETS Data as described in this Agreement. 8.2 SMART MLS MAKES NO WARRANTIES OR REPRESENTATIONS, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensEXPRESS OR IMPLIED, security interests or encumbrances by any party claiming byAS TO THE ABILITY TO ACCESS OR INTEGRATE RETS DATA. FURTHER, through or under SellerSMART MLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF RETS DATA. 8.3 THE WARRANTY SET FORTH IN SECTION 8.1 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY SMART MLS. SELLER SMART MLS MAKES NO WARRANTY TO ANY CONSULTANT. SMART MLS EXPRESSLY DISCLAIMS, AND FIRM HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND EXPRESSLY WAIVES, ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE ANY WARRANTIES OF DESIGNMERCHANTABILITY OF THE RETS DATA, MERCHANTABILITY INFORMATIONAL CONTENT OF THE RETS DATA OR PARTICIPANT DATA, OR FITNESS OF THE RETS DATA FOR FIRM’S PURPOSE OR SYSTEM INTEGRATION. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE RETS DATA, OR AGAINST INFRINGEMENT OF PROPRIETARY RIGHTS OF ANOTHER. SMART MLS DOES NOT WARRANT AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON REPRESENTATIONS THAT ACCESS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE RETS DATA AND/OR GROSS NEGLIGENCE), STRICT LIABILITYITS USE WILL BE UNINTERRUPTED OR ERROR- FREE, OR ANY OTHER CAUSE OF ACTIONTHAT ACCESS PROBLEMS, IF ANY, WILL BE CORRECTED BY IT OR BE CORRECTABLE. FIRM SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER BE SOLELY RESPONSIBLE FOR THE PRODUCTS TO WHICH SUCH SELECTION, USE, EFFICIENCY AND SUITABILITY OF ANY CONSULTANT AND SMART MLS SHALL HAVE NO LIABILITY RELATESTHEREFOR.

Limited Warranty. Seller Nasdaq warrants to Customer that it will calculate the Index in accordance with its then applicable method for a period calculation of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerIndex. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES LICENSEE'S SOLE REMEDY IN RESPECT EVENT OF A FAILURE OF THIS WARRANTY IS TO HAVE NASDAQ RECALCULATE THE INDEX FOR THE AFFECTED TIMES ACCORDING TO NASDAQ'S APPLICABLE METHOD FOR CALCULATION OF THE PRODUCTSINDEX AT THE AFFECTED TIME(S). IN THE EVENT THAT NASDAQ IS UNABLE OR UNWILLING TO RECALCULATE THE INDEX FOR AN AFFECTED PERIOD OF OVER SEVEN CONSECUTIVE BUSINESS DAYS, EXPRESS NASDAQ WILL REFUND TO THE LICENSEE THE PORTION OF FEES CALCULATED IN SECTION 11. THE CORPORATIONS DO NOT REPRESENT OR IMPLIEDWARRANT THAT THE INDEX OR THE MEANS BY WHICH NASDAQ CALCULATES THE INDEX IS FREE OF DEFECTS. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THE TIMELINESS, INCLUDINGSEQUENCE, WITHOUT LIMITATIONACCURACY OR COMPLETENESS OF THE CALCULATION OF THE INDEX, OR THAT THE INDEX WILL MEET LICENSEE'S REQUIREMENTS. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SELLER EXPRESSLY DISCLAIMS , ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OTHER WARRANTY OR NATURE EVEN IF SELLER HAS REASON TO KNOW OBLIGATION ON THE PART OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESCORPORATIONS.

Limited Warranty. Seller Scripps hereby represents and warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform subject to the description rights of the United States Government (i) it has sole right and specificationspower to enter into this Agreement and grant the rights and licenses granted herein; (ii) Scripps is and shall be the owner of the entire right, subject title, and interest in and to industry standard tolerances the Scripps Patent Rights; (iii) Scripps has not previously granted and variationswill not grant any rights in the Scripps Patent Rights that are inconsistent with the rights and licenses granted to Licensee herein; and (biv) Seller has good title to the Products free and clear best of liensits knowledge, security interests or encumbrances by any party claiming bythere are no claims of third parties that would call into question the rights of Scripps to grant to Licensee the rights contemplated hereunder. EXCEPT AS PROVIDED IN THIS SECTION 5, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES NEITHER PARTY MAKES ANY AND ALL OTHER ORAL WARRANTIES OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSCONDITIONS (EXPRESS, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE) WITH RESPECT TO THE SUBJECT MATTER HEREOF. SPECIFICALLY, SCRIPPS MAKES NO OTHER WARRANTIES CONCERNING SCRIPPS PATENT RIGHTS OR SCRIPPS TECHNOLOGY COVERED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE WARRANTIES ANY EXPRESS OR IMPLIED WARRANTY OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO SCRIPPS PATENT RIGHTS, SCRIPPS TECHNOLOGY OR ANY LICENSED PRODUCT. SELLER EXPRESSLY DISCLAIMS SCRIPPS MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF SCRIPPS PATENT RIGHTS, OR THAT ANY AND ALL LICENSED PRODUCT WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER INTELLECTUAL PROPERTY RIGHTS OF SELLER. Seller’s liability shall be limitedTHIRD PARTIES, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN OR THAT NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR THIRD PARTIES ARE IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/INFRINGING SCRIPPS PATENT RIGHTS OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID SCRIPPS TECHNOLOGY COVERED BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESTHIS AGREEMENT.

Limited Warranty. Subject to the limitations contained in Section 8 hereof and except as otherwise expressly provided herein, Seller warrants that at the time of delivery, the Pulp sold to Customer for a period of twelve (12) months following delivery only that (a) the Products shall Buyer will conform to the description and specifications required by the Pulp Supply Agreement. Seller reserves the right to source the Pulp from any source, whether or not owned by Seller or any of its affiliates, provided that it meets the required specifications. If Buyer notifies Seller in writing within thirty (30) days from the date of arrival of the Pulp at the delivery point applicable hereunder of any nonconformance of the Pulp with such specifications, subject Seller shall, at its option, either replace (solely upon the delivery terms otherwise applicable hereunder) that portion of the Pulp found by Seller to industry standard tolerances and variations; and be nonconforming, or refund to Buyer the purchase price or portion thereof actually received by Seller for the nonconforming portion of the Pulp. With the exception of the remedies specified in Section 3 relating to Pulp moisture/air-dry content, REPLACEMENT OR REFUND BY SELLER IS BUYER’S SOLE REMEDY FOR BREACH OF WARRANTY BY SELLER, AND BUYER ACKNOWLEDGES AND AGREES THAT NO CLAIMS MADE AFTER THE THIRTY (b30) Seller has good title to the Products free and clear of liensDAY TIME PERIOD REFERENCED IN THIS SECTION 7 WILL BE VALID OR RECOGNIZED. ACCEPTABLE DELIVERY WILL BE DEEMED TO HAVE BEEN MADE IF NO VALID CLAIM HAS BEEN MADE WITHIN SAID TIME PERIOD. THE LIMITED WARRANTY EXPRESSLY STATED IN THIS SECTION 7 IS THE ONLY WARRANTY MADE BY SELLER AND CAN BE AMENDED ONLY IN A WRITING SIGNED BY SELLER, security interests or encumbrances by any party claiming byAND SELLER DOES NOT MAKE, through or under Seller. SELLER AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES EXPRESSLY DISCLAIMS, ANY AND ALL OTHER ORAL OR WRITTEN REPRESENTATIONS AND WARRANTIES IN RESPECT OF THE PRODUCTSANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING BUT NOT LIMITED TO WARRANTIES OF DESIGN, OR AS TO MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller Chaos warrants that, as of the date on which the Product is delivered to Customer You and for a ninety (90) days thereafter or if the Subscription term is shorter, such shorter period (“Warranty Period”), the Product will provide the general features and functions described in the Documentation. Chaos’s and its Affiliates’ entire liability and Your exclusive remedy during the Warranty Period (“Limited Warranty”) will be, with the exception of twelve (12) months following delivery only any statutory warranty or remedy that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests cannot be excluded or encumbrances by any party claiming by, through or limited under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedlaw, at SellerChaos’s option, (i) to repair attempt to correct or replacement of non-conforming Products work around errors, if any, or (ii) to refund the fees, if any, paid by You and terminate this Agreement or the license specific to such Product. Such refund is subject to the return, during the Warranty Period, of the purchase priceChaos applicable policy further information of which may be received from Your Chaos Representative. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsTHE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. CHAOS DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. THIS LIMITED WARRANTY DOES NOT APPLY TO OFFERINGS NOT PART OF THE PRODUCT, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT WHICHCHAOS OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ITS AFFILIATES, AT THEIR SOLE DISCRETION, MAY PROVIDE FROM TIME TO TIME, AND WHICH ARE MADE AVAILABLE ON AN “AS-IS” BASIS WITHOUT ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WARRANTY OF ANY TYPE KIND INCLUDING, NOT LIMITED TO PRE-RELEASED SOFTWARE, UNSTABLE VERSIONS, BETA, TRIAL, EVALUATION, OR NATURE EVEN NOT-FOR-RESALE COPIES, ANY OFFERINGS MADE AVAILABLE BY CHAOS OR ITS AFFILIATES FOR FREE. THIS LIMITED WARRANTY IS VOID IF SELLER HAS REASON TO KNOW FAILURE IN PERFORMANCE OR DEFECT OF THE POSSIBILITY PRODUCT RESULTED FROM YOUR NEGLIGENCE, ABUSE, MISUSE, AMENDMENT OR ATTEMPTED AMENDMENT OF SUCH DAMAGESTHE PRODUCT FROM THIRD PARTY OTHER THAN CHAOS OR ITS AFFILIATES, ACCIDENT, IMPROPER OR UNAUTHORIZED USE OF THE PRODUCT OR MATERIAL BREACH OF THIS AGREEMENT. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED ALL WARRANTY CLAIMS MUST BE MADE WITHIN THE WARRANTY PERIOD TO THE PRODUCTSRESELLER FROM WHICH YOU ACQUIRED THE PRODUCT OR TO CHAOS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE ALONG WITH PROOF OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESACQUISITION.

Limited Warranty. Seller Proton warrants that the Systems sold and purchased ---------------- hereunder shall conform in all material respects to Customer the Specifications for a period one (1) year from the date of twelve Matheson's delivery of the Systems to its customers, so long as Xxxxxxxx has delivered the applicable Systems to such customer within three (123) months following of delivery only by Proton to Xxxxxxxx thereof (the foregoing, the "Warranty Period"). Matheson's exclusive remedy in the event that (a) the Products shall any System does not conform to the description foregoing warranty shall be repair or replacement, at Proton's sole option, of the subject System. The foregoing warranty shall be conditioned upon and specifications, subject to industry standard tolerances the end-user installing and variations; maintaining the Systems in accordance with all applicable manufacturer instructions and (b) Seller recommendations, and shall not be applicable to any System that has good title been damaged, misused, abused, altered, improperly installed or used in a manner contrary to the Products free and clear of liens, security interests manufacturer instructions or encumbrances by any party claiming by, through or under Sellerrecommendations. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND PROTON MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SYSTEMS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS SECTION. THE WARRANTIES STATED IN THIS SECTION ARE EXPRESSLY IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE WARRANTIES ANY EXPRESS OR IMPLIED WARRANTY OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER NEITHER PARTY SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARYINDIRECT OR CONSEQUENTIAL DAMAGES, PUNITIVE INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR SPECIAL DAMAGES BENEFITS, DIRECTLY OR INDIRECTLY, ARISING OUT OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON RELATING TO KNOW THIS AGREEMENT OR THE SUPPLY OF THE POSSIBILITY OF SUCH DAMAGESSYSTEMS OR SERVICES, INCLUDING REPAIRS, HEREUNDER. SELLER’S PROTON'S TOTAL LIABILITY (WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT, UNDER ANY WAY RELATED TO CIRCUMSTANCES, EXCEED (1) IN THE PRODUCTSCASE OF PRODUCTS LIABILITY CLAIMS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYTHE AMOUNT OF PROTON'S INSURANCE COVERAGE FOR SUCH CLAIMS, OR (2) IN THE CASE OF ANY OTHER CAUSE CLAIM OF ACTIONANY NATURE WHATSOEVER, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY AGGREGATE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPROTON HEREUNDER.

Limited Warranty. Seller TSRI hereby represents and warrants that it has full right and power to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsenter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensTECHNOLOGY, security interests or encumbrances by any party claiming byRESEARCH TOOLS, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES BIOLOGICAL MATERIALS OR ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSMATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF PATENT RIGHTS, OR THAT ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE PATENT RIGHTS, RESEARCH TOOLS OR BIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES DAMAGES FOR LOSS OF DESIGNPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, MERCHANTABILITY AND FITNESS OR FOR A PARTICULAR PURPOSEINJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. SELLER EXPRESSLY DISCLAIMS ANY AND TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE KIND RELATING TO THIS AGREEMENT OR NATURE EVEN IF SELLER ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER GROUNDS, AND REGARDLESS OF WHETHER A PARTY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SELLER’S TOTAL THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR OTHER LIMITATION OF LIABILITY ARISING OUT HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF ACTION, SHALL IN NO EVENT EXCEED RISK ALLOCATION BETWEEN THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPARTIES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsSUPPLIER WARRANTS FROM THE DATE OF DELIVERY FOR A PERIOD OF ONE YEAR, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerTHAT ALL PRODUCTS ARE FREE FROM MANUFACTURING DEFECTS WITHIN THE LIMITS OF THE APPLICABLE SPECIFICATIONS. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY THIS IS THE EXCLUSIVE WARRANTY MADE WITH RESPECT TO THE PRODUCTS AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSIMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING ALL WARRANTIES OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY CLAIM FOR A BREACH OF EXPRESS WARRANTY MUST BE MADE IN WRITING AND SIGNED WITHIN ONE YEAR OF THE DATE OF SHIPMENT OF THE PRODUCT. DAMAGES FOR BREACH OF WARRANTY SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT BY AN OFFICER OF SELLERSUPPLIER. Seller’s liability shall be limitedSUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY OTHER DIRECT, at Seller’s optionINDIRECT, to repair or replacement of CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR ANY LABOR EXPENDED IN REPLACING THE PRODUCT. If Buyer believes any Product is non-conforming Products or refund was shipped to Buyer in error, then Buyer shall give Supplier prompt written notice of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect alleged defect or error within 10 days of receipt of the ProductsProduct. Supplier’s sole obligation under the foregoing warranties shall be limited to replacing the non-conforming Product. At Supplier’s election, and Customer accepts Buyer shall return the same as its entire right and sole remedy in relation Product to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT Supplier (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCEat Supplier’s expense), STRICT LIABILITYmake the Product available for inspection by Supplier or its agents at Buyer’s place of business, OR ANY OTHER CAUSE OF ACTIONor destroy the Product (before or after the date of any inspection at Supplier’s expense). Buyer’s exclusive remedy for breach of any of such warranties will be enforcement of such obligation of Supplier. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from Supplier, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESincluding Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its authorized representative or modifications to or adaptations of the Product made by Buyer or others. Supplier shall not be liable on any claim for non-conforming Product that is not made within ten (10) days after such Product has been received by Buyer.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerNEW HAMPSHIRE INSURANCE COMPANY INC. SELLER HEREBY DISCLAIMS PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE PRODUCTSHP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, EXPRESS WHICHEVER IS LONGER FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. WE WILL ONLY UTILIZE HP REPLACEMENT PARTS WHICH WILL BE SUBJECT TO HP’S WARRANTY. NEW HAMPSHIRE INSURANCE COMPANY INC. DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE IS PROVIDED ‘AS IS’. IF NEW HAMPSHIRE INSURANCE COMPANY INC. RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, NEW HAMPSHIRE INSURANCE COMPANY INC. WILL, AT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS THAT PROVIE TO BE DEFECTIVE. THE ABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, NEW HAMPSHIRE INSURANCE COMPANY INC. SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SELLER EXPRESSLY DISCLAIMS Limitations of Liability and Remedies: FOR ANY BREACH OF THIS AGREEMENT BYNEW HAMPSHIRE INSURANCE COMPANY INC., CUSTOMER’S REMEDY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OUR LIABILITY WILL BE LIMITED TO A REFUND OF SELLERPRICE PAID FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIALPERFORMANCE DELAYS OR FOR NONPERFORMANCES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE INCLUDING WHEN PRODUCT OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGESPARTS ARE NOT AVAILABLE. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.EXTENT HP IS HELD

Limited Warranty. Seller Paradyne warrants to Customer that under normal use and conditions the Licensed Product will be free from significant defects in materials and workmanship for a period of twelve ninety (1290) months following delivery only days from the date of purchase by you from Paradyne or Paradyne's authorized reseller or distributor. Customer Remedies. Paradyne and its suppliers' entire liability and your exclusive remedy shall be, at Paradyne's option, (i) repair or replacement of the Licensed Product that fails to meet Paradyne's Limited Warranty, or (ii) return of the price paid. Paradyne and its suppliers shall have no responsibility, warranty or other obligation whatsoever as a result of (a) the Products shall conform to use of the description Licensed Product in a manner inconsistent with the accompanying manuals and specificationsthis License, subject to industry standard tolerances and variations; and (b) Seller has good title any modifications made to the Products free and clear Licensed Product, or (c) failure of liensthe Licensed Product as a result of accident, security interests abuse, or encumbrances by any party claiming by, through or under Sellermisapplication. SELLER HEREBY DISCLAIMS NO OTHER WARRANTIES. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND CUSTOMER HEREBY WAIVES ANY AND IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES. PARADYNE AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAND PARADYNE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF DESIGNOR SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SELLER EXPRESSLY DISCLAIMS MOREOVER, THE PROVISIONS SET FORTH ABOVE STATE THE ENTIRE RESPONSIBILITY OF PARADYNE AND ITS SUPPLIERS AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. LIMIT OF LIABILITY. UNDER NO CIRCUMSTANCES AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER UNDER NO THEORY OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT LIABILITY SHALL PARADYNE OR CIRCUMSTANCE WHATSOEVER SHALL SELLER ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION OR DATA, OR ANY CONSEQUENTIALOTHER SPECIAL, INDIRECT, INCIDENTAL, INDIRECTOR CONSEQUENTIAL DAMAGES, EXEMPLARYARISING IN ANY WAY OUT OF THE SALE, PUNITIVE LICENSE OR SPECIAL DAMAGES OF ANY TYPE USE OF, OR NATURE INABILITY TO USE, THE LICENSED PRODUCT, EVEN IF SELLER HAS REASON TO KNOW PARADYNE AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSMarketing & License Agreement Paradyne and NetScout Confidential page 21 NetScout and Paradyne Use Pursuant to Company Procedures 01/26/98 42 EXHIBIT D PRODUCT SUPPORT AND PRIORITIZATION GUIDELINES Paradyne will provide Tier 1 and Tier 2 Support for Customers in the same manner that it provides such support for its other similar products. NetScout will provide Tier 3 Support via telephone or electronic mail, WHETHER BASED IN CONTRACTfive (5) days per week, WARRANTYduring NetScout's normal business hours (8 am - 6 pm, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCEEST), STRICT LIABILITYand, OR ANY OTHER CAUSE OF ACTIONand via a paging service for after hours, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.weekend and holiday escalations. Paradyne shall provide NetScout feedback for any Licensed Product bugs and potential fixes to the bugs, which will be reviewed by NetScout and subsequently incorporated into the Licensed Product, as required. In the event Paradyne is unable to resolve a Customer's problem and NetScout Tier 3 Support is required, Paradyne will escalate the problem to NetScout per a Customer assigned priority level. NetScout will respond as follows:

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsTHE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensTO THE MAXIMUM EXTENT PERMITED UNDER APPLICABLE LAW, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY BLACKBOARD EXPRESSLY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, EXPRESS, IMPLIED OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSSTATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s optionTITLE, to repair or replacement of nonDATA ACCURACY, SATISFACTORY QUALITY, NON-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsINFRINGEMENT, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYQUIET ENJOYMENT. NEITHER BLACKBOARD NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS CUSTOMER MAY HAVE, OR ANY OTHER CAUSE THAT THE SERVICE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION. BLACKBOARD AND ITS LICENSORS MAKE NO GUARANTEE OF ACTIONACCESS TO OR OF ACCURACY OF THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE. In the event of the Service’s failure to comply with this Agreement, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESthe Customer’s sole remedy shall be to terminate the Agreement. The Customer acknowledges and agrees that the Service is not intended, nor designed, for use in high risk activities, or in any situation where failure of the Service could lead to death, personal injury, or damage to property, or where other damage could result if an error occurred and the parties further agree that, to the extent not prohibited by applicable law, Blackboard shall not be liable for any death, personal injury or damage to property. The Customer also acknowledges and agrees that the primary recourse of the Customer in the event of any actual or potential threat to person or property should be to contact First Responder Services and that the Service is not intended to replace First Responder Services, or to be used for communicating with, or replace notification to, or interoperate directly with, First Responder Services, which should have already been notified and deployed prior to using the Service.

Limited Warranty. Seller warrants to Customer for a period Limitation of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsLiability PERKINELMER GENETICS, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensINC., security interests or encumbrances by any party claiming byVIACORD, through or under Seller. SELLER HEREBY DISCLAIMS LLC, AND CUSTOMER HEREBY WAIVES ANY THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF SERVICE PROVIDERS, INCLUDING THE PRODUCTSORDERING PROVIDER AND ITS CONTRACTORS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR SPECIAL OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES OF ANY TYPE WERE FORESEEABLE AND WHETHER OR NATURE EVEN IF SELLER HAS REASON TO KNOW NOT PERKINELMER OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SELLERIN NO EVENT SHALL PERKINELMER’S TOTAL OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSSERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER BASED IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/NEGLIGENCE) OR GROSS NEGLIGENCE)OTHERWISE, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM PERKINELMER OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO XXX OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST PERKINELMER, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE PRODUCTS TO SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT PERKINELMER AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH SUCH LIABILITY RELATESMAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE TERMS OF WARRANTY PROVIDED FOR OR WITH SPECIFIC EQUIPMENT, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensLS NETWORKS DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED WILL MEET CUSTOMER NEEDS, security interests or encumbrances by any party claiming byPERFORM AT A PARTICULAR RATE OR WILL BE UNINTERRUPTED, through or under SellerERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. SELLER HEREBY DISCLAIMS ADVICE OR INFORMATION GIVEN BY LS NETWORKS OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF LS NETWORKS SERVICE AND CUSTOMER HEREBY WAIVES TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. LS NETWORKS AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL OTHER ORAL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR WRITTEN WARRANTIES IN RESPECT ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. SELLER EXPRESSLY DISCLAIMS CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ALL DATA AND INFORMATION TRANSFERRED UNDER THE SOLUTION IS DONE AT CUSTOMER’S SOLE RISK. IF ANY EQUIPMENT THAT CUSTOMER LEASES FROM LS NETWORKS AS PART OF THE SERVICE FAILS FOR REASONS OTHER THAN CUSTOMERS OWN NEGLIGENCE AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER LS NETWORKS DETERMINES SUCH EQUIPMENT TO BE DEFECTIVE, LS NETWORKS MAY ELECT TO REPAIR IT OR REPLACE THE EQUIPMENT WITH EQUIPMENT OF SELLERSIMILAR CAPABILITIES. Seller’s liability shall be limitedIF CUSTOMER DOES NOT RETURN THE DEFECTIVE EQUIPMENT WITHIN 14 DAYS AFTER RECEIPT OF ANY REPLACEMENT EQUIPMENT, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER CUSTOMER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES PAYMENT OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR OF THE PRODUCTS TO WHICH SUCH LIABILITY RELATESREPLACEMENT EQUIPMENT.

Limited Warranty. Seller warrants to Customer for a period of twelve SELLER WARRANTS THE GOODS AGAINST DEFECTS OF MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR NINETY (1290) months following delivery only that DAYS FROM THE DATE OF SHIPMENT (a) the Products shall conform to the description and specificationsTHE “LIMITED WARRANTY”). THE PARTIES HERETO EXPRESSLY AGREE THAT BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER SHALL BE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensAT SELLER’S OPTION, security interests or encumbrances by any party claiming byFOR THE REPLACEMENT OF DEFECTIVE GOODS OR A REFUND OF THE PRICE PAID THEREFORE. THE FOREGOING LIMITED WARRANTY DOES NOT COVER LABOR OR OTHER COSTS OR EXPENSES TO REMOVE OR INSTALL ANY DEFECTIVE OR REPLACED GOODS OR COSTS ASSOCIATED WITH REPAIRS PERFORMED BY ANYONE OTHER THAN SELLER OR ONE OF SELLER’S AUTHORIZED AGENTS. NOTWITHSTANDING THE LIMITED WARRANTY, through or under SellerGOODS WHICH MAY BE SOLD BY SELLER THAT ARE NOT MANUFACTURED BY SELLER ARE NOT WARRANTED BY SELLER, BUT ARE SOLD ONLY WITH THE WARRANTIES, IF ANY, OF THE MANUFACTURER THEREOF. SELLER HEREBY DISCLAIMS THE LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL BUYER AND CUSTOMER HEREBY WAIVES IS VOID IN CASES OF DAMAGE IN TRANSIT, NEGLIGENCE, ABUSE, ABNORMAL USAGE, MISUSE, ACCIDENTS OR IMPROPER MAINTENANCE. THE LIMITED WARRANTY DOES NOT COVER PARTS REPAIRED, MODIFIED OR ADJUSTED OUTSIDE OF SELLER’S FACILITIES. ANY AND UNAUTHORIZED REPAIR OR MODIFICATION OF THE GOODS VOIDS THE LIMITED WARRANTY. THE LIMITED WARRANTY IS IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATIONS AS TO THE CAPACITY OR PERFORMANCE OF THE GOODS SOLD HEREUNDER EXCEPT AS SET FORTH IN THE ACKNOWLEDGMENT’S SPECIFICATIONS, IF ANY, AND SUCH REPRESENTATIONS ARE EXPRESSLY CONDITIONED UPON THE CORRECTNESS OF THE DATA FURNISHED BY BUYER AND UPON THE GOODS BEING PROPERLY INSTALLED AND MAINTAINED. SELLER, IN ITS MANUFACTURE AND SALE OF THE GOODS, ASSUMES NO LIABILITY AS TO POSSIBLE INFRINGEMENT OF PATENTS BY VIRTUE OF THE USE OF SAID GOODS IN COMBINATION WITH OTHER PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT OR LOSSES SUSTAINED AS THE WARRANTIES RESULT OF DESIGNINJURY (INCLUDING DEATH) TO ANY PERSON, MERCHANTABILITY OR LOSS OR DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR PROCESSED BY THE USE OF THE GOODS) AND FITNESS FOR A PARTICULAR PURPOSE. BUYER SHALL INDEMNIFY SELLER EXPRESSLY DISCLAIMS ANY AND AGAINST ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED LIABILITY, LOSS, COST OR EXPENSE WHICH MAY BE SUSTAINED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ON ACCOUNT OF ANY TYPE SUCH LOSS, DAMAGE OR NATURE EVEN INJURY. LIABILITY OF SELLER TO BUYER, IF SELLER HAS REASON TO KNOW ANY HEREUNDER, FOR BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, OTHERWISE SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR OF THE PRODUCTS GOODS SOLD WITH RESPECT TO WHICH SUCH LIABILITY RELATESANY DAMAGES ARE CLAIMED.

Limited Warranty. Seller Claris warrants to Customer for a period of twelve ninety (1290) months following delivery only days from the initial Contract Date stated in the Claris Contract system that (a) the Products shall Software as provided by Claris will substantially conform to the description published specifications for the Software available from Claris. Claris entire liability and specificationsLicensee’s sole and exclusive remedy for any breach of the foregoing limited warranty will be, subject to industry standard tolerances and variations; and (b) Seller has good title to at the Products free and clear option of liensClaris, security interests replacement of the media, refund of the purchase price, or encumbrances by any party claiming by, through repair or under Sellerreplacement of the Software. SELLER HEREBY DISCLAIMS THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CLARIS AND CUSTOMER HEREBY WAIVES ANY CLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSAND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGNMERCHANTABILITY, MERCHANTABILITY SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedFURTHERMORE, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN THERE IS NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE POSSIBILITY SOFTWARE OR AGAINST INFRINGEMENT OF SUCH DAMAGESTHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. SELLERCLARIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S TOTAL LIABILITY ARISING OUT REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Claris DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLARIS, OR AN AUTHORIZED REPRESENTATIVE OF CLARIS SHALL CREATE A WARRANTY OR IN ANY WAY RELATED INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESLICENSEE.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) UNIVERSITY warrants that it has the Products shall conform lawful right to grant this license. This warranty does not include Patent Rights to the description and specificationsextent assigned, subject or otherwise licensed, by UNIVERSITY’s inventors to industry standard tolerances and variations; and third parties. (b) Seller has good title to the Products free The license granted herein are is provided “AS IS” and clear of liens, security interests without WARRANTY OF MERCHANTABILITY or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedUNIVERSITY makes no representation or warranty that the Licensed Product, at Seller’s option, to repair Licensed Method or replacement the use of non-conforming Products Patent Rights will not infringe any other patent or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER other proprietary rights. (c) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY, SUBLICENSEES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY TYPE OR NATURE KIND (INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF SELLER UNIVERSITY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ALSO, UNIVERSITY WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR IN ANY WAY RELATED TO PATENT RIGHTS TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYEXTENT ASSIGNED, OR ANY OTHER CAUSE OF ACTIONOTHERWISE LICENSED, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS UNIVERSITY’S INVENTORS TO WHICH SUCH LIABILITY RELATESTHIRD PARTIES. (d) Nothing in this Agreement shall be construed as: (i) a warranty or representation by UNIVERSITY as to the validity or scope of any Patent Rights; (ii) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (iii) an obligation to bring or prosecute actions or suits against third parties for patent infringement except as provided in Section 5.2 hereof; (iv) conferring by implication, estoppel or otherwise any license or rights under any patents of UNIVERSITY other than Patent Rights as defined in this Agreement, regardless of whether those patents are dominant or subordinate to Patent Rights; or (v) an obligation to furnish any know-how not provided in Patent Rights.

Limited Warranty. Seller TSRI hereby represents and warrants that it has full right and power to Customer for enter into this Agreement and to perform its obligations hereunder, that it has the right to grant the licenses hereunder, and that this Agreement does not conflict with any other agreement to which TSRI is a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests party or encumbrances by any party claiming by, through or under Sellerwhich TSRI may be bound. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES TSRI MAKES NO OTHER WARRANTIES CONCERNING LICENSED PATENT RIGHTS OR ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIEDMATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE ANY EXPRESS OR IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER , NON-INFRINGEMENT OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT THIRD PARTY RIGHTS OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF LICENSED PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT, LICENSED PROCESS OR LICENSED SERVICE WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission THIRD PARTIES, OR THAT ANY THIRD PARTIES ARE IN ANY WAY RELATED TO INFRINGING UPON ANY LICENSED PATENT RIGHTS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER LICENSED PATENT RIGHTS ARE SUITABLE FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESLICENSEE’S PURPOSES.

Limited Warranty. Seller warrants to Customer for a period of twelve COMPANY MAKES NO OTHER WARRANTIES EXCEPT THOSE STATED IN COMPANY’S LIMITED WARRANTY IN EFFECT ON THE DATE COMPANY ACCEPTS EACH APPLICABLE PURCHASE ORDER (12) months following delivery only that (a) the Products shall conform to the description and specifications“LIMITED WARRANTY”). THE LIMITED WARRANTY MAY BE FOUND IN THE APPLICABLE PRICE BOOK AND ON THE ALLEGION CUSTOMER WEBSITE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensWHICH TERMS ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE. COMPANY WILL MAIL CUSTOMER A HARD COPY OF THIS WARRANTY UPON CUSTOMER’S WRITTEN REQUEST. IN THE EVENT THAT CERTAIN DELIVERABLE WARRANTIES ARE NOT FURNISHED BY THE COMPANY TO CUSTOMER, security interests or encumbrances by any party claiming byCOMPANY WARRANTS ONLY TO CUSTOMER THAT THE DELIVERABLES WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 12 MONTHS FROM THE DATE OF SHIPMENT OF THE DELIVERABLES. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIRING OR REPLACING, through or under SellerAT COMPANY’S OPTION, THE DEFECTIVE DELIVERABLE, PROVIDED WRITTEN NOTICE OF THE DEFECT OR NONCONFORMANCE IS PROVIDED BY CUSTOMER WITHIN 30 DAYS OF DISCOVERY OF THE DEFECT OR NONCONFORMANCE. SELLER HEREBY COMPANY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE DELIVERABLES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF DESIGNNON-INFRINGEMENT, MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. (a) Seller warrants to Customer Buyer that for a period of twelve two years from the date of delivery of the goods or performance of service (12“Warranty Period”) months following delivery only that (a) the Products shall such goods and services will materially conform to Seller’s published specifications in effect as of the description date of manufacture and specifications, subject to industry standard tolerances will be free from material defects in material and variations; and workmanship. (b) Seller has good title to the Products free and clear of liensTHE WARRANTIES, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS OBLIGATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSLIABILITIES, EXPRESS OR IMPLIED, INCLUDINGAND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF BUYER SET FORTH IN THE AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE GOODS OR SERVIVCES PROVIDED UNDER THE AGREMEENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM THE NEGLIGENCE OF SELLER OR ANY MANUFACTURER OF AIRCRAFT INCORPORATING THE GOODS OR SERVICES; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY AIRCRAFT. (c) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the goods. Third Party Products are not covered by the warranty in Section 8(a), and for the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF DESIGNWITH RESPECT TO ANY THIRD PARTY PRODUCT. (d) Seller is not liable for breach of the warranty set forth in Section 8(a) unless: (i) Buyer gives written notice of the defect, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. reasonably described, to Seller within the Warranty Period and within ten days of the time when Xxxxx discovers or should have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving notice to examine the goods or services and Buyer (if Seller requests) returns such goods or services to Seller’s liability shall be limitedfacility at Seller’s cost for such examination; and (iii) Seller reasonably verifies Buyer’s claim that the goods or services are defective. (e) Seller is not liable for breach of the warranty set forth in Section 8(a): (i) if Buyer makes any use of the goods or services after giving notice; (ii) if the defect arises because of failure to follow Seller’s instructions as to storage, installation, use or maintenance of the goods; (iii) if the goods are altered or repaired without Seller’s prior written consent; or (iv) for defects caused by negligence, abuse or misuse of the goods, corrosion, fire, heat or normal wear and tear. (f) Subject to Sections 8(d) and (e), with respect to any such defective goods or services during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such goods (or the defective part) or reperform the services or (ii) credit or refund the price of such goods or services at the pro rata Price but, if Seller requests, Buyer shall, at Seller’s optionexpense, return such goods, or services if applicable, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. . (g) THE REMEDIES SET FORTH IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE SECTION 8(f) ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SELLER’S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR WARRANTY IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCESECTION 8(a), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform If you are obtaining access to the description System directly from the Company (and specificationsnot a Company Partner), subject then the Company warrants that, when used with a recommended hardware configuration, the System will perform in substantial conformance with the documentation supplied with the System. Your exclusive remedy under the preceding limited warranty is to industry standard tolerances and variations; and (b) Seller has good title report the noncompliance to the Products free Company, upon which the Company will use reasonable commercial efforts to correct the non-conformance so that the System substantially conforms to the foregoing warranty, or, if Company is not able to correct the non-conformance within thirty (30) days after receipt of your report, terminate your subscription and clear refund to you a pro rata portion of liensyour subscription fee for the unearned portion of your subscription to the System. Any misuse, security interests accident, abuse, modification or encumbrances by any party claiming by, through or under Sellermisapplication of the System will void the warranty above. SELLER HEREBY DISCLAIMS THIS REMEDY IS THE SOLE AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF THE PRODUCTS, EXPRESS OR IMPLIEDIMPLIED WARRANTIES WITH RESPECT TO THE SYSTEM. IF YOU ARE OBTAINING ACCESS TO THE SYSTEM FROM OR THROUGH A COMPANY PARTNER, INCLUDINGYOU MUST REPORT AND PROVIDE ANY WARRANTY CLAIMS DIRECTLY TO SUCH COMPANY PARTNER, AND YOU WAIVE ANY RIGHT TO MAKE ANY WARRANTY CLAIM DIRECTLY AGAINST THE COMPANY. EXCEPT AS EXPRESSLY STATED HEREIN, THE SYSTEM IS PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT LIMITATION, THE EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. SELLER EXPRESSLY DISCLAIMS ANY IN ADDITION, YOU ACKNOWLEDGE THAT THE INTEROPERABILITY OF THE SYSTEM WITH THIRD-PARTY SYSTEM OR DEVICES MAY BE DEPENDENT ON THE ACTIONS OF THIRD PARTIES THAT ARE BEYOND THE COMPANY’S CONTROL, AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERFOR WHICH THE COMPANY ASSUMES NO LIABILITY. Seller’s liability shall be limitedWe will have no responsibility for any harm to your computer system, at Seller’s optionloss or corruption of data, or other harm that results from your access to repair or replacement of non-conforming Products or refund use of the purchase priceSystem. The foregoing sets forth Seller’s entire obligation and liability Some states do not allow the types of disclaimers in this paragraph, so they may not apply to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESyou.

Limited Warranty. Seller Subject to the limitations of Section 9.3 below, University warrants to Customer that it will provide the Deliverables as described herein and will exercise reasonable skill, care and due diligence in the provision of the Deliverables. University warrants that all Materials provided under this Agreement shall be free from faulty workmanship for a period of twelve thirty (1230) months following days from delivery only that (a) of the Products shall conform to the description and specificationsMaterials. EXCEPT AS SPECIFIED ABOVE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensMATERIALS FURNISHED HEREUNDER ARE FURNISHED AS-IS, security interests or encumbrances by any party claiming byWHERE- IS, through or under SellerWITH NO WARRANTY WHATSOEVER. SELLER HEREBY DISCLAIMS THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND CUSTOMER HEREBY WAIVES ANY EXCLUSIVE WARRANTY GIVEN BY UNIVERSITY WITH RESPECT TO THE DELIVERABLES AND IS IN LIEU OF AND EXCLUDES ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO UNIVERSITY IN SPECIFICATIONS, DRAWINGS OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS CLIENT SHOULD DETERMINE INDEPENDENTLY WHETHER DELIVERABLES PROVIDED HEREUNDER ARE SUITABLE FOR THE PARTICULAR USE INTENDED BY CLIENT. THIS WARRANTY DOES NOT EXTEND TO ANY LOSSES OR DAMAGES DUE TO MISUSE, ACCIDENT, ABUSE, NEGLECT, NORMAL WEAR AND ALL TEAR, NEGLIGENCE (OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCETHAN UNIVERSITY’S), STRICT LIABILITYUNAUTHORIZED MODIFICATION OR ALTERATION, USE BEYOND RATED CAPACITY, UNSUITABLE POWER SOURCES OR ENVIRONMENTAL CONDITIONS, IMPROPER INSTALLATION, REPAIR, HANDLING, MAINTENANCE OR APPLICATION OR ANY OTHER CAUSE NOT THE FAULT OF ACTIONUNIVERSITY. TO THE EXTENT THAT CLIENT OR ITS AGENTS HAVE SUPPLIED SPECIFICATIONS, INFORMATION, REPRESENTATION OF OPERATING CONDITIONS OR OTHER DATA TO UNIVERSITY THAT IS USED IN: (i) THE SELECTION OF THE DELIVERABLES AND (ii) THE PREPARATION OF UNIVERSITY’S QUOTATION AND/OR SCOPE OF WORK, AND IN THE EVENT THAT ACTUAL OPERATING CONDITIONS OR OTHER CONDITIONS DIFFER FROM THOSE REPRESENTED BY CLIENT, ANY WARRANTIES OR OTHER PROVISIONS CONTAINED HEREIN, THAT ARE AFFECTED BY SUCH CONDITIONS, SHALL BE NULL AND VOID. CLIENT ASSUMES ALL OTHER RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE USE OF DELIVERABLES, EITHER ALONE OR IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESCOMBINATION WITH OTHER ITEMS.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) If you purchase a License and encounter a technical problem that defect in the Products Software itself caused (as determined by WAVES’ technical support in its sole discretion) and that WAVES’ technical support cannot resolve, then you may request to cancel and refund your purchase within ninety (90) calendar days from the date of the initial License purchase. No cancellations are possible after such ninety (90) day period. No other reasons for cancellation are possible. The refund shall conform be limited to the description amount received by WAVES at the time of the initial purchase, including any taxes. Any charges from third parties (including banks, credit card issuers, payment processors) will not be refunded. If you paid with funds in a currency different than those offered by WAVES website, then the refunded amount in your currency may differ from the original payment due to exchange rate fluctuations and specifications, subject to industry standard tolerances and variations; and (currency conversion charges levied by third parties. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. b) Seller has good title to the Products free and clear of liensOTHER THAN THE FOREGOING LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 15(a) AND FOR ANY WARRANTY TO THE EXTENT TO WHICH THE SAME CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, security interests or encumbrances by any party claiming byTHE SOFTWARE AND ALL SUPPORT SERVICES, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL ACCOMPANYING HARDWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OF IMPLIED BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE. WAVES AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL OTHER WARRANTIES. NO ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSINFORMATION OR ADVICE THAT WAVES, EXPRESS ITS DISTRIBUTORS, AGENTS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR EMPLOYEES GIVE SHALL CREATE A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF WARRANTY OR IN ANY WAY RELATED TO INCREASE THE PRODUCTSSCOPE OF THE WARRANTIES SET FORTH IN THIS AGREEMENT. YOU ACKNOLWEDGE THAT WAVES DOES NOT WARRANT THAT THE SOFTWARE (i) WILL MEET YOUR REQUIREMENTS, WHETHER BASED (ii) DOES NOT INFRINGE ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, (iii) WILL OPERATE IN CONTRACTCOMBINATION OTHER THAN AS SPECIFIED IN THE DOCUMENTATION, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/iv) OPERATION WILL BE UNINTERRUPTED OR GROSS NEGLIGENCE), STRICT LIABILITYERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR ANY OTHER CAUSE OF ACTION(v) FEATURES, SHALL CATEGORIES, AND FUNCTIONALITIES WILL BE AVAILABLE AT ALL TIMES IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESFUTURE.

Limited Warranty. Seller warrants that Products manufactured by it are, at the time of delivery to Customer for a period of twelve (12) months following delivery only Buyer, free from defects in material and workmanship, provided that no warranty is made with respect to: (a) the Products shall conform to the description and specifications, any product that has been subject to industry standard tolerances and variationsnegligence, accident, or improper storage; and (b) Seller any product that has good title been improperly installed or maintained; or (c) any product that has been operated beyond normal or recommended replacement intervals or wear limits. Seller’s obligation under this warranty is limited to the Products free replacement of, or at Seller’s option, the return of the purchase price of any Product which is returned to Seller or its designated representative (at Buyer’s expense) within one (1) year from the date of purchase and clear which, upon inspection by Seller, is found by Seller to be defective in material or workmanship. Seller shall not be responsible for the cost of lienslabor for removing any defective product or installing any replacement product. THE WARRANTIES, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS OBLIGATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSLIABILITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE RIGHTS, CLAIMS AND REMEDIES OF BUYER SET FORTH IN WRITING THESE TERMS ARE EXCLUSIVE AND SIGNED IN SUBSTITUTION FOR, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY AN OFFICER LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE PRODUCTS OR SERVICES PROVIDED UNDER ANY ORDER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARANTY OF SELLER. Seller’s liability shall be limitedMERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, at Seller’s optionCOURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsLIABILITY, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT RIGHT, CLAIM OR CIRCUMSTANCE WHATSOEVER SHALL REMEDY ARISING FROM THE NEGLIGENCE OF SELLER BE LIABLE FOR OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES MANUFACTURER OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO AIRCRAFT INCORPORATING THE PRODUCTS; AND ANY OBLIGATION, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESAIRCRAFT.

Limited Warranty. (a) Seller warrants to Customer Buyer that for a period of twelve one year from the date of delivery of the goods or performance of service (12“Warranty Period”) months following delivery only that (a) the Products shall such goods and services will materially conform to Seller’s published specifications in effect as of the description date of manufacture and specifications, subject to industry standard tolerances will be free from material defects in material and variations; and workmanship. (b) Seller has good title to the Products free and clear of liensTHE WARRANTIES, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS OBLIGATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSLIABILITIES, EXPRESS OR IMPLIED, INCLUDINGAND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF BUYER SET FORTH IN THE AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE GOODS OR SERVIVCES PROVIDED UNDER THE AGREMEENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM THE NEGLIGENCE OF SELLER OR ANY MANUFACTURER OF AIRCRAFT INCORPORATING THE GOODS OR SERVICES; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY AIRCRAFT. (c) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the goods. Third Party Products are not covered by the warranty in Section 8(a), and for the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF DESIGNWITH RESPECT TO ANY THIRD PARTY PRODUCT. (d) Seller is not liable for breach of the warranty set forth in Section 8(a) unless: (i) Buyer gives written notice of the defect, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. reasonably described, to Seller within the Warranty Period and within ten days of the time when Xxxxx discovers or should have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving notice to examine the goods or services and Buyer (if Seller requests) returns such goods or services to Seller’s liability shall be limitedfacility at Seller’s cost for such examination; and (iii) Seller reasonably verifies Buyer’s claim that the goods or services are defective. (e) Seller is not liable for breach of the warranty set forth in Section 8(a): (i) if Buyer makes any use of the goods or services after giving notice; (ii) if the defect arises because of failure to follow Seller’s instructions as to storage, installation, use or maintenance of the goods; (iii) if the goods are altered or repaired without Seller’s prior written consent; or (iv) for defects caused by negligence, abuse or misuse of the goods, corrosion, fire, heat or normal wear and tear. (f) Subject to Sections 8(d) and (e), with respect to any such defective goods or services during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such goods (or the defective part) or reperform the services or (ii) credit or refund the price of such goods or services at the pro rata Price but, if Seller requests, Buyer shall, at Seller’s optionexpense, return such goods, or services if applicable, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. . (g) THE REMEDIES SET FORTH IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE SECTION 8(f) ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SELLER’S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR WARRANTY IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCESECTION 8(a), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller A. The Contractor warrants to Customer that the work shall be free from any defects in workmanship for a period of twelve one hundred eighty (12180) months following delivery days from the Completion Date. If the Customer fails to make payment when due under this Contract, then the warranty set forth in this paragraph will terminate and become null and void. All parts and materials furnished shall bear only that (a) the Products shall conform warranty, if any, of the manufacturer. The Contractor does not make any warranties, express or implied, with respect to the description parts and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND materials. B. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE WARRANTIES WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedNO ORAL AGREEMENT, at Seller’s optionGUARANTEE, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsPROMISE, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and ConditionsREPRESENTATION OR WARRANTY SHALL BE BINDING. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER WILL THE CONTRACTOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, EXEMPLARY, PUNITIVE INCIDENTAL OR SPECIAL CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER THE CONTRACTOR HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF THE CONTRACTOR HAS KNOWLEDGE THAT FAILURE TO PERFORM COULD CAUSE CONSEQUENTIAL ECONOMIC LOSSES. SELLER’S TOTAL LIABILITY IN ANY EVENT CUMULATIVE DAMAGES FOR BREACH OF THIS CONTRACT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE CONTRACTOR UNDER THIS CONTRACT. THIS PARAGRAPH SHALL APPLY TO ALL ACTIONS RELATED TO THE GOODS AND SERVICES PROVIDED HEREUNDER, WHETHER BASED ON NEGLIGENCE, TORT, CONTRACT OR OTHER THEORIES. CUSTOMER ACKNOWLEDGES THAT THIS PARAGRAPH ALLOCATES THE RISK OF PRODUCT FAILURE BETWEEN THE CONTRACTOR AND CUSTOMER AND THAT THIS ALLOCATION IS REFLECTED IN THE PRICE PAID. NO ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.ACTION HAS

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS WE PROVIDE A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE PRODUCTSHP PRODUCT TO YOU OR FOR THE REMAINING TERM OF THIS AGREEMENT, EXPRESS WHICHEVER IS LONGER, FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. REPLACEMENT PARTS PROVIDED MAY BE WHOLE UNIT REPLACEMENTS OR BE NEW OR FUNCTIONALLY EQUIVALENT NEW IN PERFORMANCE AND RELIABILITY AND WARRANTED AS NEW. REPLACED PARTS BECOME THE PROPERTY OF HP UNLESS HP AGREES OTHERWISE IN WRITING AND YOU PAY ANY APPLICABLE CHARGES. WE DO NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE ARE PROVIDED ‘AS IS’. IF WE RECEIVE NOTICE OF DEFECTIVE HARDWARE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, WE WILL, AT OUR OPTION, REPAIR OR REPLACE THE REPLACEMENT PART(S) THAT PROVE TO BE DEFECTIVE. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER SOME STATES DO NOT ALLOW A LIMITATION ON IMPLIED WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER FOR CONSUMER PRODUCTS OR OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and ConditionsA CONSUMER’S STATUTORY RIGHTS. IN NO EVENT SUCH STATES SOME EXCLUSIONS OR CIRCUMSTANCE WHATSOEVER SHALL SELLER LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES THAT MAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IMPOSED BY LAW ARE LIMITED IN ANY WAY RELATED DURATION TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESAPPLICABLE WARRANTY PERIOD.

Limited Warranty. (a) Seller warrants to Customer Buyer that for a period of twelve (12) months following delivery only from the date of shipment of the Goods, or, if installed, six (6) months from the date of installation, or, 1000 hours of use, whichever is earliest ("Warranty Period"), that such Goods will be free from defects in material and workmanship. (b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 9(a), SELLER MAKES NO CONDITION OR WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variationsCONDITION OR WARRANTY OF MERCHANTABILITY; and OR (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL CONDITION OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. (c) Products, component parts or equipment manufactured by a third party ("Third- Party Product") may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Goods. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability Third-Party Products are not covered by the warranty in Section 9(a) and any warranty for Third-Party Products shall be limitedlimited to that extended by the supplier of the Third-Party Products. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) CONDITION OR WARRANTY OF MERCHANTABILITY; (b) CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) CONDITION OR WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. (d) The Seller shall not be liable for a breach of the warranty set forth in Section 9(a) unless: (i) Buyer gives written notice of the defective Goods, as the case may be, reasonably described, to Seller within twenty (20) days of the time when Xxxxx discovers or ought to have discovered the defect; (ii) if applicable, Seller is given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 9(a) to examine such Goods and Xxxxx (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods are defective. (e) The Seller shall not be liable for a breach of the warranty set forth in Section 9(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller. (f) Subject to Section 9(d) and Section 9(e) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller’s option's expense, return such Goods to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. . (g) THE REMEDIES SET FORTH IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SECTION 9(f)) SHALL SELLER BE LIABLE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR LIMITED WARRANTY SET FORTH IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCESECTION 9(a), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller Licensor warrants to Customer that the Products sold hereunder shall be new and shall operate substantially in accordance with its user documentation for a period of twelve ninety (1290) months following delivery only days from the date of shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions regarding the return of such Product. Licensor's sole liability to Dell, and Dell's sole remedy, shall be, at Licensor's option, (i) repair or replacement of the Product which does not comply with this Limited Warranty, or (ii) return of the amount paid by Dell for the Product which does not comply with the Limited Warranty. In the event Licensor determines that (a) the Products Product is in compliance with this Limited Warranty, Dell shall conform to pay the description cost of all charges associated with the inspection and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear shipment of liens, security interests or encumbrances such Product by any party claiming by, through or under SellerLicensor. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND LICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, WITHOUT LIMITATIONSTATUTORY OR OTHERWISE, THE WARRANTIES AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SELLER EXPRESSLY DISCLAIMS THE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER BREACH OF SELLERANY WARRANTY. Seller’s liability shall be limitedNO CONSEQUENTIAL DAMAGES. LICENSOR WILL NOT, at Seller’s optionUNDER ANY CIRCUMSTANCES, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY CONSEQUENTIALOTHER SPECIAL, INCIDENTALINDIRECT OR CONSEQUENTIAL DAMAGES, INDIRECTREGARDLESS OF THE FORM OF ACTION ARISING OUT OF OR RELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER LICENSOR HAS REASON TO KNOW BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT DAMAGES AND NOTWITHSTANDING ANY FAILURE OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. All sales are final. Seller warrants that Goods manufactured by Seller and supplied hereunder and which not subject to Customer Specifications will be free from defects in materials and workmanship under normal conditions of use and service for a period of twelve (12) 24 months following delivery only from the date of shipment in the case of liftgates and a period of 12 months from the date of shipment in the case of separately sold liftgate components and other parts or products. Seller warrants that (a) the Products shall Goods manufactured by Seller and supplied hereunder and which are subject to Specifications will conform to the description Specifications at the time of shipment, but only to the extent Buyer has provided the Specifications to Seller prior to shipment and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Selleraccepted such Specifications in writing. THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES EXTENDED BY SELLER HEREBY DISCLAIMS WITH RESPECT TO THE GOODS AND CUSTOMER HEREBY WAIVES ANY AND ARE IN LIEU OF ALL OTHER ORAL WARRANTIES OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSOBLIGATIONS, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, OR CUSTOM OR TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN CONTRACTSPECIFICATIONS OR DRAWINGS, WARRANTY, TORT (INCLUDING NEGLIGENCE AND WHETHER OR NOT THE GOODS ARE SPECIFICALLY DESIGNED AND/OR GROSS NEGLIGENCE)MANUFACTURED FOR BUYER’S USE OR PURPOSE. THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF SELLER AND SHALL BE VALID ONLY WITH RESPECT TO SALES MADE BY SELLER IN THE CONTINENTAL UNITED STATES AND CANADA. THE WARRANTY MAY NOT BE TRANSFERRED BY, STRICT LIABILITYAND IS MADE ONLY TO, BUYER. Notwithstanding the foregoing, if any other warranty is imposed upon Seller by applicable law, that warranty shall be limited to the minimum period of time mandated by law. SELLER MAKES NO WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO SALES OR ORDERS FOR NON-STANDARD, SUB-GRADE GOODS OR PURCHASES THROUGH UNAUTHORIZED SALES CHANNELS. GOODS SOLD UNDER SUCH SALES OR ORDERS ARE FURNISHED “AS IS” AND “WITH ALL FAULTS.” THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY OTHER CAUSE WARRANTY HEREUNDER SHALL BE LIMITED, AT SELLER’S ELECTION, TO REPAIR OR REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.GOODS OR REPAYMENT OR CREDIT OF THE

Limited Warranty. Seller a. Each party represents and warrants to Customer for a period of twelve the other that it has full right, power and authority to enter into and perform its obligations under this Agreement, without any third party consents or conflicts with any other agreement. b. EXCEPT FOR (12i) months following delivery only that THE WARRANTIES EXPRESSLY SET FORTH ABOVE IN THIS SECTION, (aii) the Products shall conform to the description and specificationsPRODUCT SPECIFIC WARRANTIES EXPRESSLY SET FORTH IN A SCHEDULE HERETO AND (iii) ANY WARRANTY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensREPRESENTATION OR CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, security interests or encumbrances by any party claiming byEACH PARTY AND ITS LICENSORS, through or under Seller. SELLER HEREBY DISCLAIMS AFFILIATES, AGENTS, SUBCONTRACTORS AND CUSTOMER HEREBY WAIVES SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT . SELLER WITHOUT LIMITING THE FOREGOING, NS1 AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIMS DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT ANY NS1 PRODUCTS PROVIDED BY OR ON BEHALF OF NS1 WILL SATISFY CUSTOMER’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT-FREE OR UNINTERRUPTED, OR THAT ALL PRODUCT DEFECTS WILL BE CORRECTED. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE IN THIS SECTION AND ALL OTHER PRODUCT SPECIFIC WARRANTIES UNLESS EXPRESSLY MADE SET FORTH IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedA SCHEDULE HERETO, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE NS1 PRODUCTS, WHETHER BASED IN CONTRACTINCLUDING ALL CONTENT THEREIN, WARRANTYARE PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, TORT (INCLUDING NEGLIGENCE AND/PERFORMANCE, SUITABILITY, TIMELINESS, DURABILITY, INTEGRABILITY OR GROSS NEGLIGENCE)ACCURACY, STRICT LIABILITYAND CUSTOMER ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR SELECTION, OR ANY OTHER CAUSE USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESUSE THEREOF.

Limited Warranty. Seller Nasdaq warrants that it will calculate the Index in accordance with its then applicable method for calculation of the Index. LICENSEE'S SOLE REMEDY IN EVENT OF A FAILURE OF THIS WARRANTY IS TO HAVE NASDAQ RECALCULATE THE INDEX FOR THE AFFECTED TIMES ACCORDING TO NASDAQ'S APPLICABLE METHOD FOR CALCULATION OF THE INDEX AT THE AFFECTED TIME(S). IN THE EVENT THAT NASDAQ IS UNABLE OR UNWILLING TO RECALCULATE THE INDEX FOR AN AFFECTED PERIOD OF OVER SEVEN CONSECUTIVE BUSINESS DAYS, NASDAQ WILL REFUND TO THE LICENSEE THE PORTION OF FEES CALCULATED IN SECTION 11. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THAT THE INDEX OR THE MEANS BY WHICH NASDAQ CALCULATES THE INDEX IS FREE OF DEFECTS. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE CALCULATION OF THE INDEX, OR THAT THE INDEX WILL MEET LICENSEE'S REQUIREMENTS. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION ON THE PART OF THE CORPORATIONS. Nasdaq represents and warrants to Customer for a period of twelve (12) months following delivery only Licensee that (a) it owns the Products shall conform to the description Index and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products Marks free and clear of liens, security interests pledges or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Productsencumbrances, and Customer accepts the same as its entire right and sole remedy in relation that it has not granted any rights to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESperson that may conflict with the Licensee's rights as provided in this Agreement.

Limited Warranty. Seller warrants to Customer for a period of twelve ILLUMINA REPRESENTS AND WARRANTS THAT EACH SERVICE WILL FUNCTION, IN ALL MATERIAL RESPECTS, SUBSTANTIALLY IN ACCORDANCE WITH THE APPLICABLE DOCUMENTATION FOR A PERIOD OF SIX MONTHS FOLLOWING THE EFFECTIVE DATE. IF A SERVICE FAILS TO FUNCTION AS WARRANTED, CUSTOMER AGREES TO INFORM ILLUMINA IN WRITING (12INCLUDING SOLELY BY EMAIL) months following delivery only that (a) the Products shall conform to the description and specificationsAND ILLUMINA WILL USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE REPORTED ISSUE. IF ILLUMINA IS UNABLE TO CORRECT THE ISSUE WITHIN 30 DAYS FROM THE DATE CUSTOMER REPORTS THE ISSUE TO ILLUMINA, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS CUSTOMER MAY TERMINATE THIS AGREEMENT AND ILLUMINA WILL REFUND THE FEES PRE-PAID BY CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT TO ILLUMINA FOR ACCESS TO SUCH SERVICE FROM THE TERMINATION DATE THROUGH THE END OF THE PRODUCTSTERM, EXPRESS UNLESS SUCH ISSUE WAS CAUSED BY CUSTOMER’S ABUSE OF THE SERVICE OR IMPLIEDDUE TO CUSTOMER’S INABILITY TO ACCESS THE INTERNET OR DUE TO FACTORS BEYOND ILLUMINA’S REASONABLE CONTROL (I.E., INCLUDING, AND WITHOUT LIMITATION, NATURAL DISASTER, WAR, ACTS OF TERRORISM, OR A POWER OR NETWORK FAILURE EXTERNAL TO DATA CENTERS USED IN THE WARRANTIES PROVISION OF DESIGNTHE SERVICE, MERCHANTABILITY INCLUDING AT CUSTOMER’S SITE OR BETWEEN CUSTOMER’S SITE AND ILLUMINA DATA CENTERS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 5, ILLUMINA AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES OR ANY DATA OR CONTENT AVAILABLE IN THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. SELLER EXPRESSLY DISCLAIMS NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ILLUMINA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERNEW WARRANTIES. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW XXXXXXXX DOES NOT WARRANT THAT THE OPERATION OF THE POSSIBILITY OF SUCH DAMAGESSERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. SELLER’S TOTAL LIABILITY ARISING OUT OF CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT INTENDED BY ILLUMINA, AND HAVE NOT BEEN DESIGNED BY ILLUMINA, TO BE USED FOR PATIENT CARE PURPOSES, INCLUDING WITHOUT LIMITATION, USE IN DIAGNOSING OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.TREATING PATIENTS. “

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerNEW HAMPSHIRE INSURANCE COMPANY INC. SELLER HEREBY DISCLAIMS PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE PRODUCTSHP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, EXPRESS WHICHEVER IS LONGER FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. WE WILL ONLY UTILIZE HP REPLACEMENT PARTS WHICH WILL BE SUBJECT TO HP’S WARRANTY. NEW HAMPSHIRE INSURANCE COMPANY INC. DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE IS PROVIDED ‘AS IS’. IF NEW HAMPSHIRE INSURANCE COMPANY INC. RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, NEW HAMPSHIRE INSURANCE COMPANY INC. WILL, AT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS THAT PROVIE TO BE DEFECTIVE. THE ABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, NEW HAMPSHIRE INSURANCE COMPANY INC. SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SELLER EXPRESSLY DISCLAIMS Limitations of Liability and Remedies: FOR ANY BREACH OF THIS AGREEMENT BYNEW HAMPSHIRE INSURANCE COMPANY INC., CUSTOMER’S REMEDY AND ALL OUR LIABILITY WILL BE LIMITED TO A REFUND OF PRICE PAID FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. WE WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S.) AND OTHER WARRANTIES UNLESS EXPRESSLY MADE DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES PAID BY CUSTOMER THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN WRITING THIS AGREEMENT ARE CUSTOMER'S SOLE AND SIGNED BY AN OFFICER OF SELLEREXCLUSIVE REMEDIES. Seller’s liability shall be limitedEXCEPT AS INDICATED ABOVE, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT WILL NEW HAMPSHIRE INSURANCE COMPANY INC., HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR CIRCUMSTANCE WHATSOEVER SHALL SELLER SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIALLOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, OTHER DAMAGE WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYTORT, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESOTHERWISE.

Limited Warranty. Seller 10.1. Gigamon warrants to Customer Distributor that the Products will be free from defects in materials and workmanship under normal use for a period of twelve (12) months following delivery only that (a) 1 year. Warranty includes 1st year Maintenance. Warranty period to commence upon shipment from the Products shall conform to the description and specificationsDistributer. All ship dates by serial number reported each month in Point of Sale Report. 10.2. EXCEPT AS STATED ABOVE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensTHE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EITHER EXPRESS OR IMPLIEDIMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and ConditionsRIGHTS OR REMEDIES. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER WILL GIGAMON or DISTRIBUTOR BE LIABLE FOR ANY CONSEQUENTIALDAMAGES, INCIDENTALINCLUDING, INDIRECTWITHOUT LIMITATION, EXEMPLARYINCIDENTAL AND CONSEQUENTIAL DAMAGES AND DAMAGES FOR LOST DATA OR PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER GIGAMON HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT SHALL GIGAMON’S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE PURCHASE PRICE ACTUALLY AMOUNTS PAID BY CUSTOMER DISTRIBUTOR FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPRODUCTS. 10.3. ALL CLAIMS OF ANY TYPE BY PURCHASER AGAINST GIGAMON MUST BE BROUGHT WITHIN THE APPLICABLE STATUTE OF LIMITATIONS OR BE FOREVER BARRED. THE REMEDIES EXPRESSED IN THIS CONTRACT ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE.

Limited Warranty. Seller warrants to Customer for Armor represents that it will provide the Services in a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to professional manner in accordance with industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Sellerstandards. SELLER HEREBY ARMOR DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGRELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SELLER EXPRESSLY ARMOR SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, ARMOR MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING, AND WILL HAVE NO LIABILITY WITH RESPECT TO, THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH THE INTERNET, THE INFRASTRUCTURE PLATFORM, OR THE SERVERS UPON WHICH THE SERVICES ARE PROVIDED. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE FIREWALL, PASSWORD AND OTHER SECURITY MEASURES TO PROTECT YOUR SYSTEMS, DATA AND APPLICATIONS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR BY OTHER MEANS. IN ADDITION, YOU ACKNOWLEDGE THAT THIS AGREEMENT CONVEYS NO WARRANTIES, EXPRESS OR IMPLIED, BY ANY THIRD-PARTY VENDORS OF SOFTWARE PRODUCTS MADE AVAILABLE TO YOU BY ARMOR AND THAT THOSE VENDORS DISCLAIM ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedLIABILITY, at Seller’s optionWHETHER DIRECT, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT INDIRECT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF ARISING FROM THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESSERVICES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS TIC PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE PRODUCTSHP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, EXPRESS WHICHEVER IS LONGER FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. TIC WILL ONLY UTILIZE HP REPLACEMENT PARTS WHICH WILL BE SUBJECT TO HP’S WARRANTY. TIC DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE IS PROVIDED ‘AS IS’. IF TIC RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, TIC WILL, AT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS THAT PROVIE TO BE DEFECTIVE. THE ABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, TIC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SELLER EXPRESSLY DISCLAIMS Limitations of Liability and Remedies: FOR ANY BREACH OF THIS AGREEMENT BY TIC, CUSTOMER’S REMEDY AND ALL TIC'S LIABILITY WILL BE LIMITED TO A REFUND OF PRICE PAID FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. TIC WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S.) AND OTHER WARRANTIES UNLESS EXPRESSLY MADE DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES PAID BY CUSTOMER THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN WRITING THIS AGREEMENT ARE CUSTOMER'S SOLE AND SIGNED BY AN OFFICER OF SELLEREXCLUSIVE REMEDIES. Seller’s liability shall be limitedEXCEPT AS INDICATED ABOVE, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT WILL TIC, HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR CIRCUMSTANCE WHATSOEVER SHALL SELLER SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIALLOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, OTHER DAMAGE WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYTORT, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESOTHERWISE.

Limited Warranty. Determination of the suitability of the Product(s) supplied hereunder for the uses and applications contemplated by Xxxxx and others shall be the sole responsibility of Buyer, which is relying on its own skill and judgment in the selection of the Product(s) and for the determination of the efficacy and effect of the Product(s) in Buyer’s products, usage and applications. All warranties by Seller warrants pertaining to Customer for a period of twelve (12the Product(s) months following delivery only that are expressed in this paragraph. (a) Seller warrants that the Products shall conform Product, on the date of production, will comply in all material respects to the description and specifications, subject to industry standard tolerances and variations; and Specifications set forth on Exhibit A. (b) Seller has good title warrants that to the best of its knowledge the Products free do not infringe any valid and clear issued patent in the country of liensmanufacture. In the event of notification of breach of this warranty, security interests Seller may at its election and as Xxxxx’s sole remedy either thereafter provide Buyer with non-infringing Products or encumbrances by any party claiming by, through terminate the contract or under Seller. work out an alternative solution which is mutually satisfactory to both parties. (c) SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL MAKES NO OTHER ORAL OR WRITTEN EXPRESS WARRANTIES; THERE ARE NO IMPLIED WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF DESIGNLIMITATION TITLE, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, Buyer acknowledges that any product literature or studies related to repair or replacement the Product(s) made available to Buyer by Seller are provided for the general convenience of non-conforming Products or refund Buyer and do not constitute a warranty of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect performance, suitability or efficacy of the ProductsProduct(s) when used by Buyer. (d) BUYER ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM (I) THE USE OF SAID PRODUCT IN NO EVENT MANUFACTURING PROCESSES OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIALIN COMBINATION WITH OTHER SUBSTANCES, INCIDENTALOR OTHERWISE, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW (II) THE HANDLING AND DISPOSAL OF THE POSSIBILITY OF SUCH DAMAGESPRODUCT, AND (III) RAW MATERIAL FURNISHED BY THE BUYER. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSBuyer acknowledges that Seller has not and will not substantially participate in the design of Buyer’s product nor in the integration of the Product(s) into the design of Buyer’s products, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESusages or applications.

Limited Warranty. Seller warrants to Customer for a period Notwithstanding any other provision of twelve (12) months following delivery only that (a) the Products shall conform this Agreement to the description and specificationscontrary, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensStallionRents agrees at its own expense to: A. STALLIONRENTS WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY. STALLIONRENTS WARRANTS THAT THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. B. EXCEPT AS EXPRESSLY SET FORTH UNDER THE TERMS OF THIS AGREEMENT, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY STALLIONRENTS DISCLAIMS ALL REPRESENTATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE SERVICES AND EQUIPMENT, WITHOUT LIMITATIONITS DURABILITY, THE WARRANTIES OF DESIGNCONDITION, MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST STALLIONRENTS AND ITS AFFILIATES. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT THE EQUIPMENT IS FREE FROM DEFECTS OR CONTAMINANTS. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES STALLIONRENTS AND ITS AFFILIATES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF STALLIONRENTS’ OBLIGATIONS HEREIN. C. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, STALLIONRENTS SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, STALLIONRENTS SHALL RE-PERFORM THE SERVICES WITHIN THIRTY (30) DAYS AFTER THE SERVICES WERE PERFORMED. D. StallionRents warrants that the use or sale of Equipment or Services will not infringe on any valid United States patents of others, as of the date of delivery of the Equipment or performance of the Services, by reason of the use or sale of such Equipment or Service per se, and hereby agrees to hold Customer harmless against any judgment for damages for infringement of any such valid United States patent, in and when used in accordance with this Agreement and provided that Customer promptly notifies StallionRents in writing upon receipt of any claim for infringement, or upon the filing of a suit for infringement, and shall afford StallionRents full opportunity to answer such claims or suit, control the defense of such suit and settle or compromise same in StallionRents’ sole discretion. StallionRents does not warrant that Equipment or Services made or provided under special order will not infringe any third party’s patents or proprietary rights, and Customer shall bear sole responsibility for assuring that such Equipment or Services do not so infringe and shall protect, defend, indemnify and hold harmless StallionRents and StallionRents’ Group from any such claims. E. THIS LIMITED EXPRESS WARRANTY, AND THE STATED REMEDIES FOR BREACH THEREOF, SHALL BE IN LIEU OF, AND CUSTOMER HEREBY WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES UNLESS EXPRESSLY MADE IN WRITING FOR GOOD AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedWORKMANLIKE PEROFRMANCE, at Seller’s optionMERCHANTABILITY, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT SUITABILITY OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FITNESS FOR ANY CONSEQUENTIALPARTICULAR PURPOSE, INCIDENTALNON-INFRINGEMENT, INDIRECTAND THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, EXEMPLARY, PUNITIVE A COURSE OF DEALING OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESTRADE USAGE.

Limited Warranty. Seller TSRI hereby represents and warrants that it has full right and power to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsenter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensTECHNOLOGY, security interests or encumbrances by any party claiming byRESEARCH TOOLS, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES BIOLOGICAL MATERIALS OR ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSMATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF PATENT RIGHTS, OR THAT ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE PATENT RIGHTS, RESEARCH TOOLS OR BIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. IN NO EVENT SHALL [***] BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES DAMAGES FOR LOSS OF DESIGNPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, MERCHANTABILITY AND FITNESS OR FOR A PARTICULAR PURPOSEINJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. SELLER EXPRESSLY DISCLAIMS ANY AND TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE KIND RELATING TO THIS AGREEMENT OR NATURE EVEN IF SELLER ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER GROUNDS, AND REGARDLESS OF WHETHER A PARTY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SELLER’S TOTAL THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR OTHER LIMITATION OF LIABILITY ARISING OUT HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF ACTION, SHALL IN NO EVENT EXCEED RISK ALLOCATION BETWEEN THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPARTIES.

Limited Warranty. Seller a. Each party represents and warrants to Customer for a period of twelve the other that it has full right, power and authority to enter into and perform its obligations under this Agreement, without any third party consents or conflicts with any other agreement. b. EXCEPT FOR (12i) months following delivery only that THE WARRANTIES EXPRESSLY SET FORTH ABOVE IN THIS SECTION, (aii) the Products shall conform to the description and specificationsPRODUCT SPECIFIC WARRANTIES EXPRESSLY SET FORTH IN AN ORDER FORM OR SCHEDULE HERETO AND (iii) ANY WARRANTY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensREPRESENTATION OR CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, security interests or encumbrances by any party claiming byEACH PARTY AND ITS LICENSORS, through or under Seller. SELLER HEREBY DISCLAIMS AFFILIATES, AGENTS, SUBCONTRACTORS AND CUSTOMER HEREBY WAIVES SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SELLER WITHOUT LIMITING THE FOREGOING, NS1 AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIMS DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT ANY NS1 PRODUCTS PROVIDED BY OR ON BEHALF OF NS1 WILL SATISFY CUSTOMER’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT-FREE OR UNINTERRUPTED, OR THAT ALL PRODUCT DEFECTS WILL BE CORRECTED. EXCEPT FOR THE WARRANTIES EXPRESLY SET FORTH ABOVE IN THIS SECTION AND ALL OTHER PRODUCT SPECIFIC WARRANTIES UNLESS EXPRESSLY MADE SET FORTH IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedORDER FORM OR SCHEDULE HERETO, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE NS1 PRODUCTS, WHETHER BASED IN CONTRACTINCLUDING ALL CONTENT THEREIN, WARRANTYARE PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, TORT (INCLUDING NEGLIGENCE AND/PERFORMANCE, SUITABILITY, TIMELINESS, DURABILITY, INTEGRABILITY OR GROSS NEGLIGENCE)ACCURACY, STRICT LIABILITYAND CUSTOMER ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR SELECTION, OR ANY OTHER CAUSE USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESUSE THEREOF.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) UNIVERSITY warrants that it has the Products shall conform lawful right to the description and specifications, subject to industry standard tolerances and variations; and grant this license. (b) Seller has good title to the Products free The license granted herein is provided “AS IS” and clear of liens, security interests without WARRANTY OF MERCHANTABILITY or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedUNIVERSITY and VA make no representation or warranty that the Licensed Product, at Seller’s option, to repair Licensed Method or replacement the use of non-conforming Products Patent Rights will not infringe any other patent or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER other proprietary rights. (c) NEITHER UNIVERSITY NOR THE VA WILL BE LIABLE FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OR PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT OR ANY INDIRECT, INCIDENTAL, INDIRECT, EXEMPLARYCONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, AFFILIATES OR DEVELOPMENT PARTNERS ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY TYPE OR NATURE KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF SELLER UNIVERSITY OR THE VA HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS. (d) Nothing in this Agreement shall be construed as: (i) a warranty or representation by UNIVERSITY or VA as to the validity or scope of any Patent Rights; (ii) a warranty or representation that anything made, WHETHER BASED IN CONTRACTused, WARRANTYsold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (iii) an obligation to bring or prosecute actions or suits against third parties for patent infringement except as provided in Paragraph 5.2 hereof; (iv) conferring by implication, TORT estoppel or otherwise any license or rights under any patents of UNIVERSITY or the U.S. Government other than Patent Rights as defined in this Agreement, regardless of whether those patents are dominant or subordinate to Patent Rights; or (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESv) an obligation to furnish any know-how not provided in Patent Rights.

Limited Warranty. Seller warrants This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Product under normal use that may exist at the time when it is sold by Segway, and the Limited Warranty by Segway shall not apply to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform any defect, defective condition and/or damages to the description Product that is caused by another person or you after it is sold by Segway. The Limited Warranty does not apply to normal wear and specificationstear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, subject Segway and/or other Segway Parties (as applicable) in its sole discretion will repair or replace defective Product in accordance with this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is purchased from an authorized retailer of the Product. This warranty gives you specific legal rights, and if you are a consumer in the United States of America, you may also have other rights which vary from State to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensState. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, security interests or encumbrances by any party claiming byACCESSORIES, through or under SellerAND SERVICE REPAIR. SELLER HEREBY DISCLAIMS SEGWAY AND CUSTOMER HEREBY WAIVES ANY AND SEGWAY PARTIES DISCLAIM ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF THE PRODUCTSALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION TO THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SELLER EXPRESSLY DISCLAIMS THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN OFFICER OF SELLERIMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Seller’s liability shall be limited(TO NEW JERSEY CONSUMERS, at Seller’s option, to repair THIS PARAGRAPH SHALL NOT APPLY TO YOU.) The parts repaired or replacement of non-conforming Products or refund replaced under the Limited Warranty are covered only for the remainder of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect warranty period of the ProductsProduct. Warranty services will be made at no charge to you for labor and parts. Unless explicitly informing you otherwise in writing, warranty services will be provided by an authorized service provider of the Product that is an independent contractor. For warranty services, parts replaced by Segway will be retained by and Customer accepts become the same as property of Segway. Segway’s online services are available at xxxx://xxx.xxxxxx.xxx/support/after-sale-service-polices/. During your use of the Product, if you believe the Product or its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditionscomponent is defective and/or does not work correctly. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIALPLEASE IMMEDIATELY STOP USING THE PRODUCT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW AND STORE THE PRODUCT PROPERLY. YOUR CONTINUED USE OF THE POSSIBILITY OF PRODUCT UNDER SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF CIRCUMSTANCE MAY CAUSE SEVERE BODILY INJURY OR IN ANY WAY RELATED EVEN DEATH TO YOURSELF, THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OTHERS AND/OR GROSS NEGLIGENCE)CAUSE PROPERTY DAMAGES. Thereafter, STRICT LIABILITYplease immediately contact Xxxxxx at xxxxxxxxxxxxxxxx@xxxxxx.xxx. Segway’s technical support personnel are available to assist you online or over the phone in diagnosing the defect, OR ANY OTHER CAUSE OF ACTIONand if any, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.and providing further instructions. In the event the warranty services are required, please prepare for the following materials including (i) proof of the original purchase of the Product from Segway Dealers,

Limited Warranty. Seller warrants This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Product under normal use that may exist at the time when it is sold by Segway, and the Limited Warranty by Segway shall not apply to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform any defect, defective condition and/or damages to the description Product that is caused by another person or you after it is sold by Segway. The Limited Warranty does not apply to normal wear and specificationstear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, subject Segway and/or other Segway Parties (as applicable) in its sole discretion will repair or replace defective Product in accordance with this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is purchased from an authorized retailer of the Product. This warranty gives you specific legal rights, and if you are a consumer in the United States of America, you may also have other rights which vary from State to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensState. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, security interests or encumbrances by any party claiming byACCESSORIES, through or under SellerAND SERVICE REPAIR. SELLER HEREBY DISCLAIMS SEGWAY AND CUSTOMER HEREBY WAIVES ANY AND SEGWAY PARTIES DISCLAIM ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF THE PRODUCTSALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION TO THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SELLER EXPRESSLY DISCLAIMS THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF SELLERWARRANTY. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIALWARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, INCIDENTALRESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, INDIRECTTHE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, EXEMPLARYWHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON SO THE ABOVE LIMITATION MAY NOT APPLY TO KNOW OF THE POSSIBILITY OF SUCH DAMAGESYOU. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED (TO THE PRODUCTSNEW JERSEY CONSUMERS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCETHIS PARAGRAPH SHALL NOT APPLY TO YOU.), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller Biomatrix represents and warrants that each Product and Extended Product supplied to Customer for a period of twelve Wyeth hereunder shall: (12i) months following delivery only that (a) the Products shall conform to the description applicable Product Specifications; and (ii) be manufactured, labeled, packaged and specifications, subject to industry standard tolerances tested (while in the possession or control of Biomatrix) in accordance with applicable laws and variations; and (b) Seller has good title regulations in the respective countries in Territory relating to the Products free manufacture, labeling, packaging and clear testing of liensthe Product or Extended Product. THE FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY BIOMATRIX WITH RESPECT TO PRODUCTS AND EXTENDED PRODUCTS, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES BIOMATRIX GIVES AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSKIND, EXPRESS OR IMPLIED, INCLUDINGOTHER THAN THE FOREGOING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITHOUT LIMITATIONNO IMPLIED WARRANTY OF MERCHANTABILITY, THE WARRANTIES NO IMPLIED WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY , AND ALL OTHER WARRANTIES UNLESS EXPRESSLY NO IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE IS GIVEN OR MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT BIOMATRIX OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF ARISE BY OR IN CONNECTION WITH ANY WAY RELATED TO THE PRODUCTSSALE OR PROVISION OF PRODUCTS OR EXTENDED PRODUCTS BY BIOMATRIX, WHETHER BASED IN CONTRACTOR WYETH'S USE OR SALE OF PRODUCT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BIOMATRIX'S AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, WYETH'S CONDUCT IN RELATION THERETO OR TO EACH OTHER. NO REPRESENTATIVE OF BIOMATRIX IS AUTHORIZED TO GIVE OR MAKE ANY OTHER CAUSE OF ACTIONREPRESENTATION OR WARRANTY OR TO MODIFY THE FOREGOING WARRANTY IN ANY WAY. The limited warranty set forth in this Section 11 does not apply to any non-conformity of Products or Extended Products resulting from (a) repair, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESalteration, misuse, negligence, abuse, accident, mishandling or storage in an improper environment by any party other than Biomatrix, or (b) use, handling, storage or maintenance other than in accordance with Product Specifications. Biomatrix's sole obligation with respect to Units of Products or Extended Products which do not meet the warranty contained herein is limited to replacement of such Units of the Products or Extended Products, provided that such Units of Products or Extended Products are returned to Biomatrix in the manner set forth in Section 9, and only if, as determined by the procedures set forth in Section 9, such Units of Products or Extended Products are determined to have been defective under the terms of this Agreement.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsOTHER THAN THE SERVICE DESCRIPTION PROVIDED FOR IN ANY APPLICABLE SOW, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensRED CANARY MAKES NO WARRANTY TO CLIENT, security interests or encumbrances by any party claiming byOR ANY OTHER PARTY, through or under Seller. SELLER AND HEREBY EXPRESSLY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE THIRD PARTY SOFTWARE, WITHOUT LIMITATIONTHREAT ALERTS, THE MANAGED THREAT DETECTION SERVICES OR ANY OTHER SERVICES, OR RESULTS OF USE OR ANALYSIS OF THREAT ALERTS AND TECHNICAL DATA INCLUDING BUT NOT LIMITED TO WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND OF QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ABSENCE OF HIDDEN DEFECTS, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF PERFORMANCE, BY REASON OF USAGE OR TRADE OR COURSE OF DEALING. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedThe Managed Threat Detection Services and Threat Alerts are not fault- tolerant and are not designed, at Seller’s optionmanufactured or intended for hazardous environments requiring fail-safe performance, to repair or replacement of non-conforming Products or refund where any failure of the purchase price. The foregoing sets forth Seller’s entire obligation and liability Threat Alerts could lead directly to Customer in respect significant property or data loss or disclosure, interruption of the Productsbusiness, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditionssecurity, death, personal injury, or property damage ("High Risk Activities"). IN NO EVENT DOES RED CANARY WARRANT THAT MANAGED THREAT DETECTION SERVICES, THREAT ALERTS OR CIRCUMSTANCE WHATSOEVER SHALL SELLER THIRD PARTY SOFTWARE WILL OPERATE OR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYUSEFUL WITHOUT INTERRUPTION, OR WILL BE FREE OF DEFECTS, OR NOT CAUSE OR RESULT IN A VULNERABILITY TO INTRUSION OR ATTACK OR ANY OTHER CAUSE INTERRUPTION OF ACTIONBUSINESS OR THAT THE MANAGED THREAT DETECTION SERVICE OR THREAT ALERTS WILL DETECT OR PREVENT ALL BUGS, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESVIRUSES, INTERRUPTIONS, INTRUSIONS, UNAUTHORIZED ACTIVITY, ERRORS, DATA THEFT OR DESTRUCTION AND DISCLAIM ALL WARRANTIES RELATING THERETO. Client acknowledges and agrees that Managed Threat Detection Services and Threat Alerts does not provide guarantee or warrant of protection, detection or accurate analysis of the Threat Alerts, and that Red Canary shall not be held liable in the event of security breach, attack, unintended release of sensitive information or other such event and that Client has responsibilities referenced in the SOW. Any service level agreements are goals and there is no guarantee or warranty they can be accomplished as no threat detection service is fail safe. As Client’s sole remedy and Red Canary’s sole obligation hereunder where there is material non-conformity in any Services or Threat Alert, Red Canary shall use good faith efforts to attempt to remedy any such non-conformity.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform hereby assigns to the description and specificationsBuyer, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear extent it may do so, any available warranty of liensits Supplier. A copy of the Seller’s supplier or manufacturer's warranty, security interests if available, will either be delivered to the Buyer by the Seller or encumbrances by any party claiming bymade available to the Buyer upon its request. SELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, through or under Seller. SELLER HEREBY DISCLAIMS EXCLUDING SERVICE, IS LIMITED TO THE REPAIR AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT REPLACEMENT OF THE PRODUCTSPRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. THERE IS NO WARRANTY EXPRESSED, EXPRESS OR STATUTORILY, IMPLIED, INCLUDINGOR OTHERWISE, WITHOUT LIMITATION, THE WARRANTIES AND NO WARRANTY OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY PURPOSE OR USE, SATSIFACTOY QUALITY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN WRITING CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and ConditionsNEGLIGENCE). IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, EXEMPLARY, PUNITIVE PUNITIVE, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF SELLER HAS REASON TO KNOW BUYER’S REMEDIES UNDER THESE TERMS FAIL OF THE POSSIBILITY OF SUCH DAMAGESTHEIR ESSENTIAL PURPOSE. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSThe Seller shall not be liable under this warranty in any of the following events, WHETHER BASED IN CONTRACTnamely: a) Whenever any Products have not been operated, WARRANTYstored or maintained in accordance with the manufacturer's and the Seller’s instructions; b) Whenever any Products have been handled, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE)stored, STRICT LIABILITYrepaired, OR ANY OTHER CAUSE OF ACTIONor altered in any way, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESwhich may have impaired its safety, operation or efficiency; and c) Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-conforming, the Buyer shall pay all costs, handling, and transportation.

Limited Warranty. Seller Red Canary warrants to Customer for a period of twelve that the Services (12i) months following delivery only that (a) the Products shall will materially conform to their descriptions in the description and specificationsOrder Form, subject to industry standard tolerances and variations; and (bii) Seller has good title to the Products free do not and clear of lienswill not contain any malicious computer code, security interests viruses, worms, malware, advanced persistent threats, or encumbrances by any party claiming bytargeted attacks. TO THE EXTENT PERMITTED BY LAW, through or under Seller. SELLER RED CANARY MAKES NO OTHER WARRANTY TO YOU OR ANY OTHER PARTY, AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, (EXPRESS OR IMPLIED) REGARDING THE SERVICES, INCLUDINGANY OTHER SERVICES, OR ANY THIRD-PARTY SOFTWARE INCLUDING WITHOUT LIMITATION, THE LIMITATION WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ABSENCE OF HIDDEN DEFECTS, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING. SELLER EXPRESSLY DISCLAIMS ANY THE SERVICES ARE NOT FAULT-TOLERANT AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE ARE NOT INTENDED FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR USE IN ANY WAY RELATED HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. RED CANARY DOES NOT WARRANT THAT THE SERVICES OR THE THIRD-PARTY SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, WILL BE FREE OF DEFECTS, OR WILL DETECT OR PREVENT ALL INTRUSIONS, VULNERABILITIES TO INTRUSION OR ATTACK, UNAUTHORIZED ACTIVITY, ERRORS, OR DATA THEFT OR DESTRUCTION. THE SERVICES AND THE THIRD-PARTY SOFTWARE DO NOT PROVIDE A GUARANTEE OR WARRANTY OF PROTECTION, DETECTION, OR ACCURATE ANALYSIS OF SECURITY THREATS, AS NO THREAT DETECTION IS FAIL SAFE. EXCEPT TO THE PRODUCTSEXTENT AN ORDER FORM INCLUDES A SUBSCRIPTION TO RED CANARY ACTIVE REMEDIATION, WHETHER BASED RED CANARY IS NOT RESPONSIBLE FOR TAKING ANY ACTIONS IN CONTRACTYOUR ENVIRONMENT, WARRANTYINCLUDING WITHOUT LIMITATION INCIDENT CONTAINMENT, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYREMEDIATION, OR ANY RESPONSE, IN RESPONSE TO ALERTS AND OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED DATA PROVIDED BY THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESSERVICES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) Provider warrants that the Products shall Software Services will conform in all material respects to the description service levels set forth in Section 4(a) when accessed and specificationsused in accordance with the Documentation. Provider does not make any representations or guarantees regarding uptime or availability of third party networks such as but not limited to datacenter hosting or cellular or other connectivity. Any failure by Provider to meet the Availability Period shall entitle Customer to a term extension of Software Services for the period of time the Availability Period was not achieved. The remedy set forth in in this Section 8(a) is Customer's sole remedy and Provider's sole liability, subject and no Provider failure to industry standard tolerances and variations; and maintain the Availability Period at any time shall be deemed a breach of these Terms. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD‐PARTY PRODUCTS OR AFFILIATE PRODUCTS. (b) Seller has good title to the Products free and clear of liensEXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a),THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND ON A “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLY BY LAW, security interests or encumbrances by any party claiming by, through or under Seller. SELLER PROVIDER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY, WITHOUT LIMITATION, THE OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY , TITLE, AND NON‐INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT AND SYSTEM INTEGRATION, AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedSECTION 8(a), at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN PROVIDER MAKES NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WARRANTY OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF KIND THAT THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYPROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER CAUSE PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF ACTIONHARMFUL CODE, SHALL IN NO EVENT EXCEED OR ERROR FREE. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER SOFTWARE SERVICES IS AT CUSTOMER’S RISK. PROVIDER DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR THE ANY THIRD‐PARTY PRODUCTS TO WHICH SUCH LIABILITY RELATESOR SERVICES OR AFFILIATE PRODUCTS OR SERVICES.

Limited Warranty. Seller At all times during the Service, ImOn warrants that it will use commercially reasonable efforts in keeping with industry standards to Customer for a period of twelve (12) months following delivery only that (a) cause the Products shall conform Services to be available to the description and specificationsCustomer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE STATED IN THIS SERVICE AGREEMENT, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSIMON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO ANY SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SELLER EXPRESSLY DISCLAIMS WITHOUT LIMITING ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedTHIS AGREEMENT, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER NEITHER PARTY SHALL SELLER BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR SPECIAL DAMAGES GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY TYPE SERVICE IMPLEMENTATION DELAYS AND/OR NATURE FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF SELLER THE PARTY HAS REASON TO KNOW BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF OR IN ANY WAY RELATED TO THE PRODUCTSACTIONS AND CLAIMS, WHETHER BASED IN INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY MISREPRESENTATION AND OTHER CAUSE OF ACTIONTORTS. Any warranty claim by Customer must be made within thirty (30) days after the applicable Services have been performed. ImOn's sole obligation and Customer's sole remedy, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESwith respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision.

Limited Warranty. Seller warrants to Customer for a period of twelve COMPANY MAKES NO OTHER WARRANTIES EXCEPT THOSE STATED IN COMPANY’S LIMITED WARRANTY IN EFFECT ON THE DATE COMPANY ACCEPTS EACH APPLICABLE PURCHASE ORDER (12) months following delivery only that (a) the Products shall conform to the description and specifications“LIMITED WARRANTY”). THE LIMITED WARRANTY MAY BE FOUND IN THE APPLICABLE PRICE BOOK AND ON THE KRYPTONITE CUSTOMER WEBSITE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensWHICH TERMS ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE. COMPANY WILL MAIL CUSTOMER A HARD COPY OF THIS WARRANTY UPON CUSTOMER’S WRITTEN REQUEST. IN THE EVENT THAT CERTAIN DELIVERABLE WARRANTIES ARE NOT FURNISHED BY THE COMPANY TO CUSTOMER, security interests or encumbrances by any party claiming byCOMPANY WARRANTS ONLY TO CUSTOMER THAT THE DELIVERABLES WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 12 MONTHS FROM THE DATE OF SHIPMENT OF THE DELIVERABLES. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIRING OR REPLACING, through or under SellerAT COMPANY’S OPTION, THE DEFECTIVE DELIVERABLE, PROVIDED WRITTEN NOTICE OF THE DEFECT OR NONCONFORMANCE IS PROVIDED BY CUSTOMER WITHIN 30 DAYS OF DISCOVERY OF THE DEFECT OR NONCONFORMANCE. SELLER HEREBY COMPANY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE DELIVERABLES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF DESIGNNON-INFRINGEMENT, MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. (a) Seller warrants to Customer Buyer that for a period of twelve one year from the date of delivery of the goods or performance of service (12“Warranty Period”) months following delivery only that (a) the Products shall such goods and services will materially conform to Seller’s published specifications in effect as of the description date of manufacture and specifications, subject to industry standard tolerances will be free from material defects in material and variations; and workmanship. (b) Seller has good title to the Products free and clear of liensTHE WARRANTIES, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS OBLIGATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSLIABILITIES, EXPRESS OR IMPLIED, INCLUDINGAND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF BUYER SET FORTH IN THE AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE GOODS OR SERVIVCES PROVIDED UNDER THE AGREMEENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM THE NEGLIGENCE OF SELLER OR ANY MANUFACTURER INCORPORATING THE GOODS OR SERVICES; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE. (c) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the goods. Third Party Products are not covered by the warranty in Section 8(a), and for the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF DESIGNWITH RESPECT TO ANY THIRD PARTY PRODUCT. (d) Seller is not liable for breach of the warranty set forth in Section 8(a) unless: (i) Buyer gives written notice of the defect, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEreasonably described, to Seller within the Warranty Period and within ten days of the time when Xxxxx discovers or should have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving notice to examine the goods or 1 of 3 FRM-YFS-05 REV. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. D 08/14/2018 services and Buyer (if Seller requests) returns such goods or services to Seller’s liability shall be limitedfacility at Seller’s cost for such examination; and (iii) Seller reasonably verifies Buyer’s claim that the goods or services are defective. (e) Seller is not liable for breach of the warranty set forth in Section 8(a): (i) if Buyer makes any use of the goods or services after giving notice; (ii) if the defect arises because of failure to follow Seller’s instructions as to storage, installation, use or maintenance of the goods; (iii) if the goods are altered or repaired without Seller’s prior written consent; or (iv) for defects caused by negligence, abuse or misuse of the goods, corrosion, fire, heat or normal wear and tear. (f) Subject to Sections 8(d) and (e), with respect to any such defective goods or services during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such goods (or the defective part) or re-perform the services or (ii) credit or refund the price of such goods or services at the pro rata Price but, if Seller requests, Buyer shall, at Seller’s optionexpense, return such goods, or services if applicable, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. . (g) THE REMEDIES SET FORTH IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE SECTION 8(f) ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES AND SELLER’S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR WARRANTY IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCESECTION 8(a), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsNO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensSUNBAKED DISCLAIMS ALL WARRANTIES AND CONDITIONS, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED THIS LIMITED WARRANTY LIMITS YOUR RIGHTS TO THOSE SET OUT HEREIN. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedAPPLICABLE LAW, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER SUNBAKED BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECT, EXEMPLARYOR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, PUNITIVE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR SPECIAL DAMAGES ANY OTHER PECUNIARY LOSS) ARISING OUT OF ANY TYPE THE USE OF OR NATURE THE INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SELLER SUNBAKED HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT SHALL SUNBAKED’S MAXIMUM LIABILITY EXCEED THE PURCHASE PRICE ACTUALLY AMOUNT YOU PAID BY CUSTOMER FOR THE PRODUCTS SOFTWARE PRODUCT. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO WHICH SUCH YOU. SUNBAKED DISCLAIMS ANY AND ALL LOSS OR LIABILITY RELATESRESULTING FROM, BUT NOT LIMITED TO: (A) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERUPTIONS; (B) LOSS OR LIABLITY RESULTING FROM DATA NONDELIVERY OR DATA MIS-DELIVERY; (C) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (D) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER, PASSWORD OR HOST KEY; (E) LOSS OR LIABILITY RESULTING FROM ERRORS, OMMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS LICENSE; OR (F) LOSS OR LIABLITY RESULTING FROM THE INTERUPTION OF YOUR SERVICE.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) UNIVERSITY warrants as of the Products shall conform Effective Date and the Execution Date that it has the lawful right to grant this license. This warranty does not include Patent Rights to the description and specificationsextent assigned, subject or otherwise licensed, by UNIVERSITY’s inventors to industry standard tolerances and variations; and third parties prior to the Effective Date. (b) Seller has good title to The license granted herein and the Products free associated Technology are provided “AS IS” and clear of liens, security interests without WARRANTY OF MERCHANTABILITY or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE UNIVERSITY makes no representation or warranty that the Licensed Product, Licensed Method or the use of Patent Rights or Technology will not infringe any other patent or other proprietary rights. (c) EXCEPT WITH RESPECT TO A BREACH OF PARAGRAPH 8.1(a) ABOVE, A BREACH OF CONFIDENTIALITY UNDER PARAGRAPH 10.2 OR, IN WRITING AND SIGNED BY AN OFFICER THE CASE OF SELLER. Seller’s liability shall be limitedLICENSEE, at Seller’s optionLICENSEE’S DUTIES FOR CLAIMS OF THIRD PARTIES UNDER PARAGRAPH 8.2, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY TYPE OR NATURE KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF SELLER SUCH PARTY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS. (d) Nothing in this Agreement shall be construed as: (i) a warranty or representation by UNIVERSITY as to the validity or scope of any Patent Rights; (ii) a warranty or representation that anything made, WHETHER BASED IN CONTRACTused, WARRANTYsold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (iii) an obligation to bring or prosecute actions or suits against third parties for patent infringement except as provided in Paragraph 5.2 hereof; (iv) conferring by implication, TORT estoppel or otherwise any license or rights under any patents of UNIVERSITY other than Patent Rights as defined in this Agreement, regardless of whether those patents are dominant or subordinate to Patent Rights; or (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESv) an obligation to furnish any know-how not provided in Patent Rights and Technology; or (vi) an obligation to update Technology.

Limited Warranty. Seller warrants Varitron guarantees each of its products to the Customer against manufacturing defects that could prevent the products from functioning in accordance with the functional specifications as defined at time of shipment, for a period of twelve ninety (1290) months days following delivery only that the shipment date. This limited warranty is invalid if the product is: (ai) Misused or improperly installed; (ii) Repaired or modified; (iii) Damaged due to a fortuitous event; (iv) Damaged during shipping or handling. This limited warranty grants Varitron the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, power to repair or replacement of non-conforming Products replace the product or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsVARITRON'S OBLIGATION UNDER THIS LIMITED WARRANTY DOES NOT INCLUDE ANY OTHER COSTS OR EXPENSES, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT INCLUDING, BUT NOT LIMITED TO, ANY COSTS OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY EXPENSES RELATED TO THE PRODUCTSWITHDRAWAL OR REINSTALLATION, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYFOR WHATEVER REASON, OR ANY OTHER CAUSE COSTS, IMPOSED OR INCURRED (FOR EXAMPLE, AND WITHOUT LIMITATION, LABOUR COSTS OR EXPENSES, ADMINISTRATIVE EXPENSES, OR FOR THE PURPOSE OF ACTIONCOMPLYING WITH THE REQUIREMENTS OF THE LAW OR GOVERNMENT AGENCIES). THE ABOVE WARRANTY IS THE CUSTOMER'S EXCLUSIVE REMEDY FOR ANY ALLEGED OR ACTUAL DEFECTS IN ANY PRODUCT, AND ALL OTHER WARRANTIES, INCLUDING ANY LEGAL OR STATUTORY WARRANTIES, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN DECLARATION BY VARITRON OR ITS EMPLOYEES CONSTITUTES OR CREATES ANY WARRANTIES THAT MIGHT EXTEND THE SCOPE OF THE WARRANTY HEREUNDER. TO THE EXTENT PERMITTED BY LAW, VARITRON SHALL IN UNDER NO EVENT EXCEED CIRCUMSTANCES BE LIABLE TO ANY CLIENT FOR (I) ANY INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF VARITRON HAS BEEN NOTIFIED OF THE POSSIBLE OCCURRENCE OF THIS TYPE OF DAMAGE) ARISING OUT OF THE FUNCTIONING OR MALFUNCTIONING OF THE PRODUCT OR OTHER TERMS OF THE CONTRACT RELATING THERETO (INCLUDING DAMAGES CAUSED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOSSES RESULTING FROM THE INTERRUPTION OF ACTIVITIES, OR (II) ANY AMOUNT EXCEEDING THE PURCHASE PRICE ACTUALLY PAID BY OF THIS PRODUCT. THE CUSTOMER FOR ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS A MAJOR FACTOR IN DETERMINING THE PRODUCTS TO WHICH SUCH PRICE OF THE PRODUCT AND THAT ACCEPTING THIS LIMITATION OF LIABILITY RELATESCONSTITUTES A FAIR ALLOCATION OF RISK. To benefit from this limited warranty, the Customer must return the alleged defective product in accordance with the "return" policy set forth below, within the period specified in the warranty. Customer may not benefit from this limited warranty if it notifies Varitron that certain specifications, components or methods must be used by Varitron when manufacturing products built by Varitron.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsTHE RELIANCE CONNECTS EQUIPMENT AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensEITHER EXPRESS OR IMPLIED. NEITHER RELIANCE CONNECTS NOR ITS AFFILIATES, security interests or encumbrances by any party claiming bySUPPLIERS, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES OR AGENTS WARRANT THAT ANY AND ALL OTHER ORAL CONNECTION TO, TRANSMISSION OVER, OR WRITTEN WARRANTIES IN RESPECT RESULTS OF THE PRODUCTSRELIANCE CONNECTS EQUIPMENT OR THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WILL PROVIDE UNINTERRUPTED USE OR WILL OPERATE AS REQUIRED, UNINTERUPTED, AT ANY MINIMUM SPEED, OR ERROR FREE. YOUR SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE DUE TO A TECHNICAL MALFUNCTION FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM RELIANCE CONNECTS WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICE AND ANY CREDITS PROVIDED BY RELIANCE CONNECTS ARE AT OUR SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY RELIANCE CONNECTS. NEITHER RELIANCE CONNECTS NOR DO ITS AFFILIATES, SUPPLIERS, OR AGENTS WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE ANY WARRANTIES OF DESIGNPERFORMANCE, MERCHANTABILITY AND NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedPURPOSE OR MERCHANTABILITY, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESARE HEREBY EXCLUDED.

Limited Warranty. (a) Seller warrants to Customer Buyer that for a period of twelve (12) 12 months following delivery only that (a) from the date of shipment of the Products shall ("Warranty Period"), that such Products will materially conform to the description and specificationsspecifications set forth in the Offer Letter, subject to industry standard tolerances and variations; and if any. (b) Seller has good title to the Products free and clear of liensEXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11(A), security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN MAKES NO WARRANTY WHATSOEVER WITH RESPECT OF TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES LIMITATIONS; ANY (a) WARRANTY OF DESIGN, MERCHANTABILITY AND MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS DOES NOT MAKE ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE REPRESENTATION OR ASSUME ANY LIABILITY IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR RELATION TO OBTAINING ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW REGULATORY (INCLUDING THOSE OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF U.S. FOOD AND DRUG ADMINISTRATION OR IN ANY WAY RELATED OTHER FEDERAL, STATE, LOCAL OR FOREIGN REGULATORY AUTHORITY OR GOVERNMENTAL BODY OR AGENCY) APPROVALS, AUTHORIZATIONS, CERTIFICATIONS, PERMITS OR OTHER REQUIREMENT RELATING TO THE PRODUCTS. (c) Products manufactured by a third party ("Third Party Product") may constitute, WHETHER BASED IN CONTRACTcontain, WARRANTYbe contained in, TORT incorporated into, attached to or packaged together with, the Products. Third Party Products are not covered by the warranty in Section 11(a). For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE a) WARRANTY OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.A PARTICULAR PURPOSE;

Limited Warranty. Seller warrants shall assign to Customer Buyer at Closing all manufacturer’s warranties in connection with any fixtures or personal property, including appliances (“Personal Property”) which carry specific warranties or guarantees by the manufacturer (“Manufacturer Warranties”). The Manufacturer Warranties shall be the only warranties offered by Seller in connection with the fixtures or Personal Property, and Seller expressly disclaims any other warranties or guaranties with respect to the same. Seller shall warrant the Unit against defects in materials and workmanship for a period of twelve one (121) months following delivery only that (a) year from the Products date of Closing. This warranty runs solely to Buyer and shall conform to automatically terminate upon the description sale of the Unit by Xxxxx. This warranty does not cover normal maintenance items nor conditions resulting from normal wear and specificationstear and/or misuse or negligence. NO WARRANTY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensGUARANTY OR UNDERTAKING BY THE SELLER, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONSTRUCTION OF THE UNIT, EXCEPT AS SET FORTH HEREIN, SHALL BE BINDING UPON OR OBLIGATE THE SELLER. ALL OTHER WARRANTIES, GUARANTIES AND UNDERTAKINGS, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE WARRANTIES ANY ALLEGED STATUTORY OR COMMON LAW EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, MERCHANTABILITY AND HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. , ARE EXPRESSLY DISCLAIMED BY SELLER EXPRESSLY DISCLAIMS AND BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER AND ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AGAINST ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERCLAIMS ARISING FROM OR RELATING TO ANY SUCH DISCLAIMED WARRANTY. Seller’s liability shall be limited8. NOTICE CONCERNING CONSTRUCTION DEFECTS Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, at Seller’s option, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or replacement of non-conforming Products or refund remedy the alleged construction defects. You are not obligated to accept any offer made by a) Xxxxx acknowledges receiving a copy of the purchase pricebrochure prepared under sec. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE895.07(13), STRICT LIABILITYStats., OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESat the time of acceptance. 9.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsTHE SOFTWARE IS PROVIDED “AS IS” AND, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensEXCEPT FOR ANY WARRANTY, security interests or encumbrances by any party claiming byCONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, through or under SellerALL WARRANTIES IMPLIED OR OTHERWISE ARE EXCLUDED. SELLER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR GUARANTEES WHICH CANNOT BE LAWFULLY EXCLUDED, THE OXFORD GROUP DOES NOT MAKE, AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES DISCLAIMS, ANY AND ALL OTHER ORAL REPRESENTATION OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTY, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, THE WARRANTIES OF DESIGNTIMELINESS, MERCHANTABILITY AND COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF ANY KIND WITH RESPECT TO THE SOFTWARE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION), INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION) (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). SELLER WITHOUT LIMITATION OF THE FOREGOING, THE OXFORD GROUP EXPRESSLY DISCLAIMS ANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE SOFTWARE. CUSTOMER SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER THE PERFORMANCE OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase priceTHE SOFTWARE. The foregoing sets forth Seller’s entire obligation Oxford Group makes no warranty or representation and liability to Customer gives no indemnity in respect of any third party's products, whether or not obtained from the ProductsOxford Group. The Oxford Group’s supply of any such third party-produced products will be subject to separate terms and conditions of the manufacturer or licensor, and Customer accepts which will be specified at the same as its entire right and sole remedy time of purchase in relation to such product. Any samples, training materials, descriptive material or advertising related to the Software, whether or not produced by the Oxford Group and any breach descriptions contained in or on the Oxford Group’s websites or in the Oxford Group’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Agreement or have any contractual force. Customer acknowledges that Customer has not relied on any statement, promise, representation, assurance or warranty made or given by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESthe Oxford Group or its agents which is not set out in the Agreement.

Limited Warranty. Seller Subject to Sections 14 and 18(c), PCI warrants to Customer for a period of twelve (12) months following delivery only that (a) ---------------- the Products Packaging and the services provided hereunder shall conform to comply, in all material respects, with the description Specifications and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellercGMPs. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8 IS IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES INCLUDING ANY WARRANTY OF DESIGN, MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS SECTION 8, PCI MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PACKAGING AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and ConditionsTHE PACKAGED PRODUCTS. IN NO EVENT ADDITION, PCI HEREBY DISCLAIMS LIABILITY FOR INCIDENTAL OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE CONSEQUENTIAL DAMAGES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES BREACH OF ANY TYPE EXPRESS OR NATURE EVEN IF SELLER HAS REASON IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF PACKAGING, PACKAGED PRODUCTS OR IN ANY WAY RELATED TO THE PRODUCTS. NOTWITHSTANDING THE FOREGOING, WHETHER BASED IN CONTRACT, WARRANTY, TORT THE DURATION OF ANY IMPLIED WARRANTY WHICH MIGHT BE DEEMED TO EXIST BY OPERATION OF LAW SHALL BE LIMITED TO SIX (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE 6) MONTHS FROM THE DATE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID DELIVERY) OF PACKAGED PRODUCTS BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPCI.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS UGEN WARRANTS TO CUSTOMER THAT THE PRIMARY SENSOR AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT MOTION SENSOR THAT ARE INCLUDED AS PART OF THE PRODUCTS“SET”, EXPRESS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE DURATION OF THE CUSTOMER'S SUBSCRIPTION TERM (THE "LIMITED WARRANTY"). IF A SET(S) IS FOUND TO BE DEFECTIVE DURING THE SUBSCRIPTION TERM, AS REASONABLE DETERMINED BY UGEN IN ITS SOLE AND ABSOLUTE DISCRETION, THEN UGEN WILL, IN ITS SOLE DISCRETION, EITHER REPAIR, REPLACE, OR IMPLIEDREFUND THE DEFECTIVE SET(S) AT ITS COST AND FREE OF CHARGE. THIS WARRANTY DOES NOT COVER AND EXCLUDES ANY DAMAGE RESULTING FROM ANY MISUSE, INCLUDINGACCIDENTS, WITHOUT LIMITATIONNEGLECT, UNAUTHORIZED MODIFICATIONS, IMPROPER HANDLING OR INSTALLATION. TO MAKE A CLAIM, THE WARRANTIES CUSTOMER MUST CONTACT THE COMPANY’S CUSTOMER SERVICE AND PROVIDE A DESCRIPTION OF DESIGN, MERCHANTABILITY THE DEFECT AND FITNESS FOR A PARTICULAR PURPOSERETURN THE SET (IF REQUIRED) AS INSTRUCTED BY THE COMPANY. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE THE COMPANY’S LIABILITY FOR ANY CONSEQUENTIALSET SUBJECT TO THE LIMITED WARRANTY IS LIMITED TO THE REPAIR, REPLACEMENT, OR REFUND OF THE SET BY UGEN, AND EXCLUDES ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES CONSEQUENTIAL DAMAGES. THIS WARRANTY IS NON-TRANSFERABLE AND ONLY APPLIES TO THE ORIGINAL CUSTOMER. ANY DISPUTES RELATED TO THIS WARRANTY SHALL BE GOVERNED BY THE DISPUTE RESOLUTION PROCEDURES IN THE TERMS OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW SERVICE AND THE LAWS OF THE POSSIBILITY STATE OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESOHIO.

Limited Warranty. Seller warrants to Customer for a period of twelve ILLUMINA REPRESENTS AND WARRANTS THAT THE SERVICE WILL FUNCTION, IN ALL MATERIAL RESPECTS, SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. IF THE SERVICE FAILS TO FUNCTION AS WARRANTED, CUSTOMER AGREES TO INFORM ILLUMINA IN WRITING (12INCLUDING SOLELY BY EMAIL) months following delivery only that AND ILLUMINA WILL USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE REPORTED ISSUE. IF ILLUMINA IS UNABLE TO CORRECT THE ISSUE WITHIN THIRTY (a30) the Products shall conform to the description and specificationsDAYS FROM THE DATE CUSTOMER REPORTS THE ISSUE TO ILLUMINA, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS CUSTOMER MAY TERMINATE THIS AGREEMENT AND ILLUMINA WILL REFUND THE FEES PRE-PAID BY CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT TO ILLUMINA FOR ACCESS TO THE SERVICE FROM THE TERMINATION DATE THROUGH THE END OF THE PRODUCTSTERM, EXPRESS UNLESS SUCH ISSUE WAS CAUSED BY CUSTOMER’S ABUSE OF THE SERVICE OR IMPLIED(ii) DUE TO CUSTOMER’S INABILITY TO ACCESS THE INTERNET OR DUE TO FACTORS BEYOND ILLUMINA’S REASONABLE CONTROL (I.E., INCLUDING, AND WITHOUT LIMITATION, NATURAL DISASTER, WAR, ACTS OF TERRORISM, OR A NETWORK FAILURE EXTERNAL TO DATA CENTERS USED IN THE WARRANTIES PROVISION OF DESIGNTHE SERVICE, MERCHANTABILITY INCLUDING AT CUSTOMER’S SITE OR BETWEEN CUSTOMER’S SITE AND ILLUMINA DATA CENTERS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 5, ILLUMINA AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE OR SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. SELLER EXPRESSLY DISCLAIMS NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ILLUMINA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERNEW WARRANTIES. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW ILLUMINA DOES NOT WARRANT THAT THE OPERATION OF THE POSSIBILITY OF SUCH DAMAGESSERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. SELLER’S TOTAL LIABILITY ARISING OUT OF CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS NOT INTENDED BY ILLUMINA, AND HAS NOT BEEN DESIGNED BY ILLUMINA, TO BE USED FOR PATIENT CARE PURPOSES, INCLUDING WITHOUT LIMITATION, USE IN DIAGNOSING OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.TREATING PATIENTS. “

Limited Warranty. Seller At all times during the Service Period, Rocket Communications warrants that it will use commercially reasonable efforts in keeping with industry standards to Customer for a period of twelve (12) months following delivery only that (a) cause the Products shall conform Services to be available to the description and specificationsCustomer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE STATED IN THIS SERVICE AGREEMENT, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSRocket Communications MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO ANY SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SELLER EXPRESSLY DISCLAIMS WITHOUT LIMITING ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedTHIS AGREEMENT, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER NEITHER PARTY SHALL SELLER BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR SPECIAL DAMAGES GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY TYPE SERVICE IMPLEMENTATION DELAYS AND/OR NATURE FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF SELLER THE PARTY HAS REASON TO KNOW BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF OR IN ANY WAY RELATED TO THE PRODUCTSACTIONS AND CLAIMS, WHETHER BASED IN INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY MISREPRESENTATION AND OTHER CAUSE OF ACTIONTORTS. Any warranty claim by Customer must be made within thirty (30) days after the applicable Services have been performed. Rocket Communications' sole obligation and Customer's sole remedy, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESwith respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision. * (b) Content. Customer acknowledges that any content that Customer may access or transmit through any Service is provided by independent content providers, over which Rocket Communications does not exercise and disclaims any control. Rocket Communications neither previews content nor exercises editorial control; does not endorse any opinions or information accessed through any Service; and assumes no responsibility for content. Rocket Communications specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane or sexually offensive nature. Customer and their authorized users accessing other parties' content through Customer's facilities do so at Customer's own risk, and Rocket Communications assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content. * (c) Damage, Loss or Destruction of Software Files and/or Data. Customer agrees that Customer uses the Services and Equipment supplied by Rocket Communications at its sole risk. Rocket Communications does not manufacture the Equipment, and the Services and Equipment are provided on an "as is basis" without warranties of any kind. Rocket Communications assumes no responsibility whatsoever for any damage to or loss or destruction of any of Customer's hardware, software, files, data or peripherals which may result from Customer's use of any Service. Rocket Communications does not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time.

Limited Warranty. Seller Digital Acoustics warrants to Customer that the Software will perform substantially in accordance with its accompanying documentation for a period of twelve ninety (1290) months following delivery only that (a) days from the Products shall conform to the description and specificationsdate of purchase. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS DIGITAL ACOUSTICS AND CUSTOMER HEREBY WAIVES ANY AND ITS SUPPLIERS DISCLAIM ALL OTHER ORAL WARRANTIES OR WRITTEN WARRANTIES IN RESPECT CONDITIONS OF THE PRODUCTSANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES CONTINUATION OF ANY TYPE SERVICE OR NATURE EVEN IF SELLER HAS REASON TO KNOW FUNCTION PROVIDED THROUGH THE INTERNET OR NON- INFRINGEMENT. NEITHER DIGITAL ACOUSTICS NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THE OPERATION OF THE POSSIBILITY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF SUCH DAMAGESTHE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. SELLER’S TOTAL LIABILITY ARISING OUT YOU ALSO ASSUME THE ENTIRE RISK OF ANY USE OF THE SOFTWARE. NO DISTRIBUTOR, DEALER OR ANY OTHER ENTITY OR PERSON IS AUTHORIZED TO EXPAND OR ALTER THIS WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY/STATE TO COUNTRY/STATE. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DIGITAL ACOUSTICS DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND IF THE SOFTWARE HAS BEEN CUSTOMIZED, REPACKAGED OR ALTERED IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, BY YOU OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPARTY.

Limited Warranty. Seller (a) DLi warrants to Customer Buyer that for a period of twelve one year from the date of shipment of the Goods (12“Warranty Period”), that such Goods will be free from material defects in material and workmanship. This warranty does not apply to Goods that DLi determines has been damaged due to external causes, such as accident, abuse, misuse, problems with electrical power, usage not in accordance with product instructions, normal wear and tear or use of parts or components not supplied or intended for use with the Goods. (b) months following delivery only that EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 5(a), DLi MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variationsWARRANTY OF MERCHANTABILITY; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (c) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. SELLER EXPRESSLY DISCLAIMS Third Party Products are not covered by the warranty Section 5(a). For the avoidance of doubt, DLi MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY AN OFFICER LAW, COURSE OF SELLER. Seller’s liability DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (d) DLi shall not be limitedliable for a breach of the warranty set forth in Section 5(a) unless: (i) Buyer gives written notice of the defect, at Seller’s optionreasonably described, to repair or replacement of non-conforming Products or refund DLi within ten (10) days of the purchase price. The foregoing sets forth Sellertime when Buyer discovers or ought to have discovered the defect; (ii) DLi is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by DLi) returns such Goods to DLi’s entire obligation place of business at DLi’s cost for the examination to take place there; and liability to Customer in respect (iii) DLi reasonably verifies Buyer’s claim that the Goods are defective. (e) DLi shall not be liable for a breach of the Productswarranty set forth in Section 5(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow DLi’s oral or written instructions as to the storage, and Customer accepts installation, commissioning, use or maintenance of the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.Goods; or

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) Seller warrants that (i) for the Products period stated on the certificate of conformance contained in each applicable Material’s packaging, the Material(s) shall materially conform to the description Buyer’s specifications provided to Seller as part of the Contract, if applicable, (ii) be free from defective material and specificationsworkmanship, subject to industry standard tolerances and variations; and (biii) Seller has that upon shipment from Seller’s facility, Buyer will receive good title to the Products all such Material(s) free and clear of liens, security interests from any lien or encumbrances by any party claiming by, through or under Sellerencumbrance. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, SELLER MAKES NO OTHER WARRANTY OF DESIGNANY KIND AS TO THE MATERIAL(S) SOLD OR ANY INSTRUCTIONS OR TECHNICAL ADVICE PROVIDED, MERCHANTABILITY AND INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR (C) WARRANTY AGAINST INFRINGEMENT OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERAny suggestions made by Seller, its’ agents, employees, sales representatives concerning uses or applications of said Material(s), reflect Seller's opinion only and Seller makes no warranty of results to be obtained. Seller’s liability The term of this limited warranty as to all Material(s) sold shall be limitedlimited to and shall not exceed the specifications and shelf life times set forth in each product description. (b) Seller will not be liable for a breach of warranty contained in Section 2(a) above unless: (i) Buyer notifies Seller in writing of any claims within 30 days after Xxxxx physically receives Material(s) at Buyer's dock, (ii) Buyer gives Seller the opportunity to examine and test any allegedly non-conforming work at a time and place reasonably determined by Seller in its sole discretion, and (iii) Seller reasonably verifies Xxxxx’s claims that the Material(s) are not in conformity with stated specifications. Failure by Buyer to give Seller written notice of claim within 30 days from date of delivery shall constitute a waiver by Buyer of all claims in respect of such Material(s). (c) Seller shall not be liable for a breach of the warranty set forth in Section 2(a) above if: (i) Buyer makes any further use of the Material(s) at issue after giving the required notice to Seller under Section 2(b) above, without the prior written consent of Seller; (ii) the defect arises because Buyer failed to properly store, use or maintain the Material(s); or (iii) Buyer alters or repairs those Material(s) without the prior written consent of Seller. (d) Subject to Sections 2(b) and 2(c) above, Seller, at its sole option, will either: (i) repair or replace such Material(s) or (ii) credit or refund the price of such Material(s) at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller’s optionexpense, return such Material(s) to repair Seller. (e) No Material(s) may be returned without Seller's prior authority. A Return Authorization Number must be obtained and referenced on all paperwork prior to returning Materials or replacement issuance of non-conforming Products or refund Seller's debit memo. At Seller's request, Xxxxx must return the Material(s) on which claim was based by packaging the item in the same manner as the original shipment, transportation charges collect by a carrier of the purchase priceSeller's choice. The foregoing sets forth returned Material(s) must be received at Seller’s entire obligation and liability to Customer 's dock in respect of the Products, and Customer accepts the same condition as its entire right and sole remedy in relation to any breach when received by Seller of these Terms and Conditions. Xxxxx. (f) THE REMEDIES STATED IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SECTION 2(d) SHALL SELLER BE LIABLE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR LIMITED WARRANTY SET FORTH IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCESECTION 2(a), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. a) All Goods manufactured by Seller warrants are warranted to Customer be free of defects in workmanship and material for a period of twelve (12) 12 months following delivery only that the earlier of: (i) the time of startup of the Goods or (ii) 6 months following the date of readiness to ship. During such period Seller will, without cost to Buyer, at Seller’s option, either (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variationsrepair any such defective Goods; and (b) Seller has good title furnish replacement Goods; or (c) grant a credit to Buyer’s account limited to the Products free and clear cost of liensrepair or replacement of the defective Goods. Defective conditions in the materials caused by third parties, security interests acts of God, defective installation, other trades, abnormal use or encumbrances by any party claiming by, through stress or under other matters unrelated to Seller. SELLER HEREBY DISCLAIMS ’s activities are specifically excluded from the coverage of this warranty. b) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND CUSTOMER HEREBY WAIVES ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY , AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER REMEDIES. THESE ARE THE ONLY REMEDIES OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE BUYER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE BREACH OF WARRANTY OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGESOTHER CLAIM. SELLER’S TOTAL LIABILITY ARISING OUT OF THE SUPPLYING OF THE MATERIALS, OR THE USE OF THE MATERIALS, WHETHER ON WARRANTIES OR CLAIM OF NEGLIGENCE, OR OTHERWISE, SHALL NOT IN ANY WAY RELATED CASE EXCEED THE COST PAID BY BUYER TO SELLER FOR THE PRODUCTS, WHETHER BASED MATERIALS AND IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, NO CASE SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER CAUSE OF ACTIONTHIRD PARTY FOR ANY INCIDENTAL, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESCONSEQUENTIAL OR SPECIAL DAMAGES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE ANDXXX/OR GROSS NEGLIGENCEXX XXXXX XXXXXXXXXX), STRICT XXXXXX LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller PPG warrants that Product delivered hereunder will (i) be manufactured by PPG in accordance with cGMP and other applicable FDA, EMEA, and other rules and regulations of the United States or the European Union, (ii) be manufactured in accordance with the agreed-upon manufacturing procedures described in the master batch records supplied to Customer for a period GWM in accordance with the provisions of twelve Section 7, as may be modified and disclosed to GWM in accordance with the provisions of Section 7, (12iii) months following delivery only that (a) the Products shall conform to the description and specificationsSpecifications set forth in the Contract Manufacturing Manual at the time of Product manufacture, subject to industry standard tolerances and variations; and (biv) Seller has good title be provided in compliance with all applicable laws and regulations as more fully set forth in Section 4 above. GWM’s remedies and PPG’s liability with respect to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Sellerthese warranties are set forth below. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY THESE ARE THE ONLY REPRESENTATIONS OR WARRANTIES PPG MAKES AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDINGUNDER STATUTE OR ARISING OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES ANY OTHER WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, ARE DISCLAIMED BY PPG. SELLER EXPRESSLY DISCLAIMS IF ANY PRODUCT FAILS TO CONFORM TO THE WARRANTIES HEREIN, PPG’S EXCLUSIVE OBLIGATION AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE GWM’S (OR GWM’S AFFILIATES’) EXCLUSIVE REMEDY (SUBJECT TO SECTIONS 12 AND 17) SHALL BE AS SET FORTH IN WRITING AND SIGNED BY AN OFFICER OF SELLERSECTION 14. Seller’s liability shall be limitedEXCEPT AS PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER WILL PPG BE LIABLE UNDER ANY THEORY OF RECOVERY (WHETHER BASED ON NEGLIGENCE OF ANY KIND, STRICT LIABILITY OR TORT) FOR ANY CONSEQUENTIALDIRECT, INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO TO, ARISING FROM OR RESULTING FROM ANY USE MADE OF THE PRODUCTSPRODUCT. Nothing in this Section 13 is intended as a limitation of indemnification obligations of PPG pursuant to Section 15, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESor the recall obligations of PPG under section 17.

Limited Warranty. Seller Netscape warrants only to Customer Licensee that the Products when properly installed and used will substantially conform to the functional specifications set forth in the Documentation in effect when the Products are delivered to Licensee. Netscape's warranty and obligation shall extend for a period of twelve 90 days (12"Warranty Period") months following delivery only that (a) from the date Netscape first delivers the Products to Licensee. All warranty claims not made in writing or not received by Netscape within the Warranty Period shall conform be deemed waived. Netscape's warranty is solely for the benefit of Licensee, who has no authority to the description and specificationsextend this warranty to any other person or entity. THE EXPRESS WARRANTY SET FORTH IN THIS SECTION CONSTITUTES THE ONLY WARRANTY MADE BY NETSCAPE. NEITHER NETSCAPE NOR ITS SUPPLIERS MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, WHETHER EXPRESS OR IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDINGWITH RESPECT TO THE PRODUCTS OR DOCUMENTATION. NETSCAPE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF TITLE, WITHOUT LIMITATIONMERCHANTABILITY, THE WARRANTIES OF DESIGN, MERCHANTABILITY NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY NETSCAPE DOES NOT WARRANT THAT THE PRODUCTS OR DOCUMENTATION ARE ERROR-FREE OR THAT OPERATION OF THE PRODUCTS WILL BE SECURE OR UNINTERRUPTED AND DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED LIABILITY ON ACCOUNT THEREOF. THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT ALLOWED BY AN OFFICER OF SELLERAPPLICABLE LAW. Seller’s liability Netscape shall be limitedhave no obligation under the foregoing warranty for any nonconformance caused by: (a) the incorporation, at Seller’s optionattachment or engagement of any attachment, feature, program, or device, other than by Netscape, to repair or replacement of non-conforming the Products or refund any part thereof; (b) accident, transportation, neglect or misuse; alteration, modification, or enhancement of the purchase price. The foregoing sets forth Seller’s entire obligation and liability Products other than by Netscape; (c) failure to Customer in respect provide an installation environment recommended for the Products; (d) use of supplies or materials not meeting Netscape specifications; (e) use of the Products for other than the intended purpose; (f) use of the Products on any systems other than the specified hardware platform for such Products; (g) Licensee's use of defective media or defective duplication of the Products; or (h) Licensee's failure to incorporate any Upgrade previously released by Netscape which corrects such nonconformance. If Licensee provides Netscape with written notice of a failure under this limited warranty during the Warranty Period, Netscape will use reasonable efforts to correct promptly, at no charge to Licensee, any such errors or failures. This is Licensee's sole and Customer accepts the same as its entire right and sole exclusive remedy in relation to any for breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESwarranty hereunder.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description Goods and specificationsare free from material defects in material. EXCEPT FOR THE PRECEDING WARRANTY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensSELLER MAKES NO WARRANTY WHATSOEVER, security interests or encumbrances by any party claiming by, through or under Seller. SELLER AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES EXPRESSLY DECLAIMS ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN WARRANTIES, WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES MERCHANTABILITY; (b) WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERSeller shall not be liable for a breach of warranty unless: (i) Customer gives written notice of the defect, reasonably described, to Seller within thirty (30) days of the time when Customer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Customer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Customer's claim that the Goods are defective. Seller’s liability shall be limitedSubject to the above, with respect to any such Goods, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Customer shall, at Seller’s option's expense, return such Goods to repair or replacement of non-conforming Products or refund of the purchase priceSeller. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER THE REMEDIES SET FORTH HEREIN SHALL SELLER BE LIABLE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGESLIMITED WARRANTY SET FORTH HEREIN. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.1028394-5

Limited Warranty. Seller Craft Supply Co warrants to Customer you that the Font Software will perform substantially in accordance with its documentation for a the thirty (30) day period of twelve (12) months following delivery only of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period contact Craft Supply Co and provide sufficient information regarding your acquisition of the Font Software so as to enable Craft Supply Co to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that (a) Craft Supply Co will use reasonable efforts to cause the Products shall Font Software to conform to the description and specificationsdocumentation as soon as commercially practicable. CRAFT SUPPLY CO DOES NOT WARRANT THEPERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CRAFT SUPPLY CO'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL CRAFT SUPPLY CO MAKES NO REPRESENTATIONS OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITHOUT LIMITATIONMERCHANTABILITY, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A ANY PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE INCIDENTAL OR SPECIAL DAMAGES OF DAMAGES, INCLUDING WITHOUT LIMITATION ANY TYPE LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR NATURE LOST SAVINGS, EVEN IF SELLER CRAFT SUPPLY CO HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSSome states or jurisdictions do not allow the exclusions of limitations of incidental, WHETHER BASED IN CONTRACTconsequential or special damages, WARRANTYso the above exclusion may not apply to you. Also, TORT some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESprovided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. Seller warrants to Customer for a period of twelve SELLER WARRANTS THAT AT THE TIME OF DELIVERY OF THE PRODUCTS TO PURCHASER, THE PRODUCTS SHALL BE IN PROPER WORKING ORDER. SELLER'S PRODUCTS ARE WARRANTED AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE (121) months following delivery only that YEAR FROM THE DATE OF DELIVERY OR INSTALLATION (aEXCLUDING LAMPS, ELECTRONICS AND/OR ACCESSORIES FOR WHICH MANUFACTURER’S WARRANTIES WILL BE TRANSFERRED TO PURCHASER, AS PERMISSIBLE), ORDINARY WEAR AND TEAR EXCEPTED. SELLER'S SOLE AND EXCLUSIVE LIABILITY UNDER THIS LIMITED WARRANTY, FOR THE APPLICABLE TERM OF THE LIMITED WARRANTY, SHALL BE TO REPAIR OR REPLACE THE PRODUCTS, AND IN NO EVENT SHALL SELLER BE LIABLE FOR ANY ALLEGED DAMAGES OR LOSSES IN EXCESS OF THE ACTUAL AMOUNT PAID TO SELLER FOR THE PRODUCTS. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SELLER IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. ANY INSTALLATION OF PRODUCTS SCHEDULED AFTER NINETY (90) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerDAYS FROM THE COMPLETION OF THE PRODUCTS WILL BE SUBJECT TO SERVICE FEES. SELLER HEREBY DISCLAIMS TRANSFERS TO PURCHASER, DISCLAIMING ANY RESPONSIBILITY OR LIABILITY BY SELLER, THE FIVE (5) YEAR MANUFACTURER’S WARRANTY DELIVERED TO SELLER BY THE FACTORY WITH RESPECT TO ALL PAINT (INCLUDING CUSTOM COLORS), FABRIC, STANDING SEAM, AND CUSTOMER HEREBY WAIVES ALPOLIC SURFACES. EXCEPT AS SET FORTH IN THIS SECTION, SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSKIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS. ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGNOR MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER PURPOSE OR NONINFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED DISCLAIMED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsBUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER ----------------- OF MOST, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensIF NOT ALL, security interests or encumbrances by any party claiming by, through or under SellerOF THE COMPONENTS OF THE PRODUCTS NOR IS SELLER A THIRD PARTY MANUFACTURER'S AGENT. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL MAKES NO REPRESENTATIONS OR WRITTEN WARRANTIES IN RESPECT OF CONNECTION WITH THE PRODUCTSCOMPONENTS THEREOF, WHICH SELLER DID NOT MANUFACTURE. BUYER EXPRESSLY AGREES TO PURCHASE ALL PRODUCTS MANUFACTURED TO BUYER'S SPECIFICATIONS (AS DEFINED IN RECEIVED DOCUMENTATION) AND SELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW OR OTHERWISE, ANY ORDER, OR IN ANY OTHER MATERIALS, BROCHURES, PRESENTATIONS, SAMPLES, MODELS OR OTHER DOCUMENTATION OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE, WHICH WOULD EXTEND BEYOND THE WARRANTIES EXPRESSLY CONTAINED HEREIN. SELLER EXPRESSLY DISCLAIMS ANY AND AUTHORIZES BUYER TO ASSERT AT BUYER'S EXPENSE FOR SELLER'S ACCOUNT, ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited'S RIGHTS UNDER ANY APPLICABLE MANUFACTURER'S WARRANTY, at Seller’s optionAND SELLER AGREES TO COOPERATE WITH BUYER IN ASSERTING SUCH RIGHTS; PROVIDED, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsHOWEVER, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. THAT BUYER WILL DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR CONNECTION WITH ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED ACTION BY BUYER RELATING TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESABOVE AUTHORIZATION.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) UNIVERSITY warrants that it has the Products shall conform lawful right to grant this license. This warranty does not include Patent Rights to the description and specificationsextent assigned, subject or otherwise licensed, by UNIVERSITY’s inventors to industry standard tolerances and variations; and third parties. (b) Seller has good title to the Products free The license granted herein is provided “AS IS” and clear of liens, security interests without WARRANTY OF MERCHANTABILITY or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedUNIVERSITY makes no representation or warranty that the Licensed Product, at Seller’s option, to repair Licensed Method or replacement the use of non-conforming Products Patent Rights will not infringe any other patent or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER other proprietary rights. (c) UNIVERSITY WILL NOT BE LIABLE FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY TYPE OR NATURE KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF SELLER UNIVERSITY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ALSO, UNIVERSITY WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR IN ANY WAY RELATED TO PATENT RIGHTS TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYEXTENT ASSIGNED, OR ANY OTHER CAUSE OF ACTIONOTHERWISE LICENSED, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS UNIVERSITY’S INVENTORS TO WHICH SUCH LIABILITY RELATESTHIRD PARTIES. (d) Nothing in this Agreement shall be construed as: (i) a warranty or representation by UNIVERSITY as to the validity or scope of any Patent Rights; Eff. 4/18/12 OAL FINAL (ii) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties;

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description The license granted herein is provided "AS IS" and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests without WARRANTY OF MERCHANTABILITY or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedUNIVERSITY makes no representation or warranty that the Licensed Product, at Seller’s option, to repair Licensed Method or replacement the use of non-conforming Products Patent Rights will not infringe any other patent or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER other proprietary rights. (b) UNIVERSITY WILL NOT BE LIABLE FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY TYPE OR NATURE KIND (INCLUDING TORT, CON TRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF SELLER UNVIERSITY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ALSO, UNIVERSITY WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR IN ANY WAY RELATED TO PATENT RIGHTS TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYEXTENT ASSIGNED, OR ANY OTHER CAUSE OF ACTIONOTHERWISE LICENSED, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS UNIVERSITY'S INVENTORS TO WHICH SUCH LIABILITY RELATESTHIRD PARTIES. (c) Nothing in this Agreement shall be construed as: (i) a warranty or representation by UNIVERSITY as to the validity or scope of any Patent Rights; (ii) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (iii) an obligation to bring or prosecute actions or suits against third parties for patent infringement except as provided in Paragraph 5.2 hereof; (iv) conferring by implication, estoppel or otherwise any license or rights under any patents of UNIVERSITY other than Patent Rights as defined in this Agreement, regardless of whether those patents are dominant or subordinate to Patent Rights; or (v) an obligation to furnish any know-how not provided in Patent Rights.

Limited Warranty. Seller THE NEXT PHASE warrants that the Software in its browser version, iOS mobile app version, or Android mobile app version, if provided by THE NEXT PHASE, is free from defects in material and workmanship. THE NEXT PHASE’s sole liability, and your sole remedy, for any breach of this warranty shall be, in THE NEXT PHASE’s sole discretion: (i) to Customer repair the defective Software provided via the browser version, the iOS mobile app version, or the Android mobile app version ; or (ii) if the above remedy is impracticable, to refund the License fee you paid for a the subscription of the Software during that period of twelve (12) months following delivery only time it was defective. Repaired Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that (a) covered the Products shall conform original Software. Only if you inform THE NEXT PHASE of your problem with the Software during the applicable warranty period and provide evidence of the date you subscribed to use the description and specificationsSoftware will THE NEXT PHASE be obligated to honor this warranty. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE NEXT PHASE. THE NEXT PHASE MAKES NO OTHER WARRANTY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensREPRESENTATION, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSCONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SELLER EXPRESSLY DISCLAIMS THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO THE NEXT PHASE AGENT OR SALES REPRESENTATIVE IS AUTHORIZED TO MAKE ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERMODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. Seller’s liability If any modifications are made to the Software in its iOS version or Android version by you during the warranty period; if the Software is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be limited, at Seller’s option, to repair terminated. This warranty shall not apply if the Software is used on or replacement of non-conforming Products in conjunction with hardware or refund software other than the unmodified version of the purchase pricehardware and software with which the Software was designed to be used. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the ProductsTHIS WARRANTY GIVES YOU SPECIFIC RIGHTS, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESJURISDICTION.

Limited Warranty. Seller warrants to Customer for a period Notwithstanding any other provision of twelve (12) months following delivery only that (a) the Products shall conform this Agreement to the description and specificationscontrary, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensSIMETRY agrees at its own expense to: X. XXXXXXX WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY. SIMETRY WARRANTS THAT THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. B. EXCEPT AS EXPRESSLY SET FORTH UNDER THE TERMS OF THIS AGREEMENT, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY SIMETRY DISCLAIMS ALL REPRESENTATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE SERVICES, WITHOUT LIMITATIONTHEIR RESPECTIVE DURABILITY, THE WARRANTIES OF DESIGNCONDITION, MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE SERVICES ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SIMETRY AND ITS AFFILIATES. THERE IS NO WARRANTY THAT THE SERVICES ARE SUITED FOR CUSTOMER’S INTENDED USE, OR THAT THE SERVICES ARE FREE FROM DEFECTS OR CONTAMINANTS. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE SERVICES AND RELEASES SIMETRY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND VENDORS (“GROUP”) FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE SERVICES, THEIR OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SIMETRY’S OBLIGATIONS HEREIN. C. CUSTOMER ACKNOWLEDGES AND AGREES THAT SIMETRY’S THIRD- PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT AND SIMETRY DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT. D. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, SIMETRY SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, SIMETRY SHALL RE-PERFORM THE SERVICES WITHIN THIRTY (30) DAYS AFTER THE SERVICES WERE PERFORMED. F. THIS LIMITED EXPRESS WARRANTY, AND THE STATED REMEDIES FOR BREACH THEREOF, SHALL BE IN LIEU OF, AND CUSTOMER HEREBY WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES UNLESS EXPRESSLY MADE IN WRITING FOR GOOD AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedWORKMANLIKE PEROFRMANCE, at Seller’s optionMERCHANTABILITY, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT SUITABILITY OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FITNESS FOR ANY CONSEQUENTIALPARTICULAR PURPOSE, INCIDENTALNON-INFRINGEMENT, INDIRECTAND THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, EXEMPLARY, PUNITIVE A COURSE OF DEALING OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESTRADE USAGE.

Limited Warranty. Seller Claris warrants to Customer for a period of twelve ninety (1290) months following delivery only that (a) days from the Products shall conform to effective date the description Software will perform substantially in accordance with the accompanying documentation. Claris’s entire liability and specificationsyour sole and exclusive remedy for any breach of the foregoing limited warranty will be, subject to industry standard tolerances and variations; and (b) Seller has good title to at Claris’s option, replacement of the Products free and clear media, refund of liens, security interests the purchase price or encumbrances by any party claiming by, through repair or under Sellerreplacement of the Software. SELLER HEREBY DISCLAIMS THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CLARIS AND CUSTOMER HEREBY WAIVES ANY CLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER ORAL WARRANTIES, CONDITIONS OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSOTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, WITHOUT LIMITATIONCONDITIONS OR OTHER TERMS OF MERCHANTABILITY, THE WARRANTIES OF DESIGN, MERCHANTABILITY SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedFURTHERMORE, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN THERE IS NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE POSSIBILITY SOFTWARE OR AGAINST INFRINGEMENT OF SUCH DAMAGESTHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. SELLERBECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 7 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CLARIS’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerFMI AND ITS LICENSORS PROVIDE YOU THE SOFTWARE "AS IS" AND WITH ALL FAULTS. SELLER HEREBY DISCLAIMS FMI AND CUSTOMER HEREBY WAIVES ANY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER ORAL WARRANTIES, CONDITIONS OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSOTHER TERMS, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER COLLATERALLY, INCLUDINGBY STATUTE OR OTHERWISE), WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, THE WARRANTIES CONDITIONS OR OTHER TERMS OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedFURTHERMORE, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN THERE IS NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE POSSIBILITY SOFTWARE OR AGAINST INFRINGEMENT OF SUCH DAMAGESTHIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. SELLER’S TOTAL LIABILITY ARISING OUT FMI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 1 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESFMI'S NEGLIGENCE.

Limited Warranty. Seller warrants to Customer MCC guarantees for a period of twelve six (126) months following from the date of shipment that the Labels will be free of all material defects and will conform in all material respects with the written specifications for the Labels as agreed to by the parties in the Order Confirmation, as amended in writing by the parties from time to time (the “Limited Warranty”). Buyer’s sole and exclusive remedy for any breach of this Limited Warranty shall be limited to replacement, correction or repair of defective Labels at MCC’s facility and in the event shall MCC be liable for any other costs or changes including the cost of inspection, removal, delivery only that (a) the Products shall conform to the description and specificationsor field service travel expenses. EXCEPT AS PROVIDED IN THIS SECTION 7, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER MCC MAKES NO REPRESENTATION OR WARRANTY AS TO THE LABELS AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL WARRANTY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WRITTEN WARRANTIES IN RESPECT IMPLIED WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS THE WARRANTIES SET FORTH IN THIS SECTION 7 SHALL NOT APPLY TO ANY AND ALL LABELS THAT HAVE BEEN (I) SUBJECTED TO ABUSE, MISUSE, NEGLECT, NEGLIGENCE, ACCIDENT, IMPROPER TESTING, IMPROPER INSTALLATION, IMPROPER STORAGE, IMPROPER HANDLING, ABNORMAL PHYSICAL STRESS, ABNORMAL ENVIRONMENTAL CONDITIONS OR USE CONTRARY TO ANY INSTRUCTIONS ISSUED BY MCC; OR (II) RECONSTRUCTED, REPAIRED OR ALTERED BY PERSONS OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT THAN MCC OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESITS AUTHORIZED REPRESENTATIVE.

Limited Warranty. Seller Xxxxx warrants to Customer that the Goods will be free from defects in materials and workmanship under normal application, use, installation, operation and service for a period of twelve 1 year from the date the Goods are shipped. Tolin does not warrant (12) months following delivery only that (aand hereby disclaims any warranty relating to) the Products quality of any Goods manufactured by third parties. Customer's exclusive remedy for defects in Goods manufactured by third parties shall conform be against Xxxxx'x suppliers or the manufacturers of the Goods. To the extent transferrable, Xxxxx agrees to assign all manufacturers' written warranties covering the description Goods to Customer upon Customer’s final payment for the Goods. Xxxxx warrants to Customer that it shall perform the Services in a workmanlike manner (meaning a manner deemed proficient and specificationssafe by those with the knowledge, subject training and experience to industry standard tolerances and variations; and judge such Services). This workmanship warranty will terminate one (b1) Seller has good title to year from the Products free and clear of liensdate Services are performed. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, security interests or encumbrances by any party claiming byTHE GOODS AND SERVICES ARE FURNISHED BY XXXXX ON AN “AS IS, through or under Seller. SELLER HEREBY DISCLAIMS WHERE IS” BASIS, AND XXXXX MAKES NO WARRANTY, AND EACH OF XXXXX AND CUSTOMER HEREBY DISCLAIMS, WAIVES AND RELEASES ANY AND ALL OTHER ORAL WARRANTY, WITH RESPECT TO THE GOODS OR WRITTEN WARRANTIES IN RESPECT SERVICES, INCLUDING ANY (A) WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES MERCHANTABILITY; (B) WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERTolin shall not be liable for a breach of warranty unless Customer delivers written notice of the breach to Xxxxx within the applicable warranty period. SellerCustomer shall not operate any Goods or equipment on which Xxxxx furnishes Services until project completion, as certified by Tolin. Xxxxx shall not be liable for damage to Goods or Customer’s liability shall be limitedequipment, or for breach of warranty, if Customer: (x) misuses, alters or repairs such Goods or equipment without the prior written consent of Xxxxx; or (y) uses such Goods or equipment after discovering a defect. Subject to the limitations herein, with respect to any defective Goods or Services for which Customer’s notice of the defect has been timely delivered to Xxxxx, Xxxxx shall, in its sole discretion, either: (i) repair, replace or reperform the defective Goods or Services or (ii) credit or refund the price of such defective Goods or Services; provided that, if Xxxxx so requests, Customer shall, at Seller’s optionXxxxx’x expense, return such Goods to repair or replacement of non-conforming Products or refund of the purchase priceXxxxx. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. THE REMEDIES SET FORTH IN NO EVENT OR CIRCUMSTANCE WHATSOEVER THIS SECTION SHALL SELLER BE LIABLE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND XXXXX’X ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR LIMITED WARRANTIES SET FORTH IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESTHIS SECTION.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsEXCEPT AS STATED IN PARAGRAPH 5, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensTHE SYSTEM IS PROVIDED ‚AS IS‛ WITHOUT WARRANTY OF ANY KIND, security interests or encumbrances by any party claiming by, through or under SellerEITHER EXPRESS OR IMPLIED. SELLER HEREBY COMTAX DISCLAIMS AND CUSTOMER HEREBY WAIVES EXCLUDES ANY AND ALL OTHER ORAL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR WRITTEN WARRANTIES IN RESPECT FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY COURSE OF DEALING OR PERFORMACE, CUSTOM OR USAGE OF TRADE. CUSTOMER BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTSSYSTEM. COMTAX DOES NOT WARRANT THAT THE SYSTEM WILL BE UNINTERRUPPTED, EXPRESS THAT THEIR USE OR IMPLIEDOPERATION WILL BE ERROR OR DEFECT FREE, THAT ALL APPLICATION DEFECTS WILL BE CORRECTED. OR THAT THE SYSTEM WILL PROPERLY OPERATE ON ANY SPECIFIC OPERATING SYSTEM OR COMPUTER HARDWARE OR CONFIGURATIONS OR BEFORE OR AFTER ANY SPECIFIC DATE OR TIME PERIOD. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SYSTEM AND COMTAX SHALL HAVE NO LIABILITY THEREFORE. NO EMPLOYEE OR AGENT OF COMTAX OR ANY OF ITS SUBSIDIARIES OR AFFILIATES IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS ANY OF THE WARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT. NEITHER COMTAX NOR ITS SUPPLIERS OR LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY TYPE KIND OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESSYSTEM.

Limited Warranty. (a) Subject to the provisions in these Terms and in the Sales Documents, Seller warrants that (i) when Products are delivered to Customer Buyer, Products will materially comply with Seller’s published specifications for such Products and (ii) when Services are performed, Services will have been performed in a workmanlike manner. The warranties provided in Sections 7(a)(i) and (a)(ii) are hereinafter referred to collectively as “Limited Warranty.” The Limited Warranty will apply for a period of thirteen (13) months after the delivery date of a Product and for twelve (12) months after completion of Services (each, a “Warranty Period”). The Limited Warranty is conditioned upon Buyer following delivery only that (athe claims process outlined in Section 9(a) the Products shall conform below, which Seller may change from time to time. The Limited Warranty is limited to the description Buyer only and specificationsis non-transferable. Buyer is solely responsible for proper selection of Products and their use and application, subject to industry standard tolerances and variations; and Buyer has tested Products or otherwise determined their suitability for Buyer’s intended use. (b) Any depictions, projections, diagrams, illustrations and other descriptions or other information from Seller has good title or its affiliates, applicable to the Products free Products, Services or a Contract, whether included in catalogs or otherwise, are descriptions or approximations only, and clear of liensdo not constitute any specifications, security interests representations, warranties, or encumbrances by any party claiming byguarantees, through implicitly or under Seller. explicitly. (c) EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY PROVIDED IN SECTION 7(a) ABOVE, SELLER HEREBY MAKES NO REPRESENTATIONS OR WARRANTIES, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR SERVICES AND SELLER DISCLAIMS ALL REPRESENTATIONS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR AND IMPLIED, INCLUDINGWRITTEN OR ORAL, WITHOUT LIMITATIONWITH RESPECT TO PRODUCTS AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY , AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED NON-INFRINGEMENT WHETHER ARISING BY AN OFFICER LAW, COURSE OF SELLER. DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (d) No employee, dealer, distributor, sales representative, or any other person or entity is authorized to offer any different or additional warranties or remedies, or to change the Limited Warranty, without the signature of an authorized officer of Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. (a) Seller warrants to Customer Buyer that for a period of twelve (12) months following delivery only from the date of shipment of the Goods (“Warranty Period”), that such Goods will materially conform to the specifications set forth in the Sales Proposal, if any. (b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 6(a), UNLESS OTHERWISE AGREED TO BY AN OFFICER OF SELLER IN WRITING, SELLER DISCLAIMS ANY AND ALL WARRANTIES AND SPECIFICALLY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS OR ANY THIRD PARTY PRODUCT (i.e., PRODUCTS MANUFACTURED BY A THIRD PARTY), INCLUDING, BUT NOT LIMITED TO, ANY (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variationsWARRANTY OF MERCHANTABILITY; and OR (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED ; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY AN OFFICER LAW, COURSE OF SELLER. DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (c) The Seller shall not be liable for a breach of the warranty set forth in Section 6(a) if: (i) Buyer makes any further use of such Goods; (ii) the defect arises because Buyer failed to follow Seller’s liability shall be limitedoral or written instructions as to the storage, installation, com- missioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods. (d) Subject to Section 6(c) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata con- tract rate provided that, if Seller so requests, Buyer shall, at Seller’s optionexpense, return such Goods to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. . (e) THE REMEDIES SET FORTH IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SECTION 6(d) SHALL SELLER BE LIABLE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW BREACH OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR LIMITED WARRANTY SET FORTH IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCESECTION 6(a), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform UNIVERSITY warrants to the description and specificationsLICENSEE that it has the lawful right to grant this license. This warranty does not include Patent Rights to the extent assigned, subject or otherwise licensed, by UNIVERSITY’s inventor to industry standard tolerances and variations; and third parties. (b) Seller has good title to The license granted herein and the Products free associated Technology are provided “AS IS” and clear of liens, security interests without WARRANTY OF MERCHANTABILITY or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE or any other warranty, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedUNIVERSITY makes no representation or warranty that the Licensed Product, at Seller’s option, to repair Licensed Method or replacement the use of non-conforming Products Patent Rights or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to Technology will not infringe any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER other patent or other proprietary rights. (c) UNIVERSITY WILL NOT BE LIABLE FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY INDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY TYPE OR NATURE KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF SELLER UNIVERSITY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ALSO, UNIVERSITY WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES SUFFERED BY LICENSEE, SUBLICENSEES, JOINT VENTURES, OR AFFILIATES ARISING OUT OF OR IN ANY WAY RELATED TO PATENT RIGHTS TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITYEXTENT ASSIGNED, OR ANY OTHER CAUSE OF ACTIONOTHERWISE LICENSED, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS UNIVERSITY’S INVENTOR TO WHICH SUCH LIABILITY RELATESTHIRD PARTIES. (d) Nothing in this Agreement shall be construed as: (i) a warranty or representation by UNIVERSITY as to the validity or scope of any Patent Rights; (ii) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (iii) an obligation to bring or prosecute actions or suits against third parties for patent infringement or misappropriation of Technology except as provided in Section 5.2 hereof; (iv) conferring by implication, estoppel or otherwise any license or rights under any patents of UNIVERSITY other than Patent Rights as defined in this Agreement, regardless of whether those patents are dominant or subordinate to Patent Rights; or (v) an obligation to furnish any know-how not provided in Patent Rights and Technology; or (vi) an obligation to update Technology.

Limited Warranty. Seller warrants If UpToDate has supplied physical media to Customer for a period you containing the Licensed Materials and they are defective, such media will be replaced without charge if returned within 60 days after approval of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsthis Grant Application. EXCEPT AS SET FORTH IN THE FOREGOING SENTENCE, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensNEITHER UPTODATE NOR ANY OTHER PARTY OR MEDICAL SOCIETY MAKES ANY WARRANTY OR REPRESENTATION, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE LIMITATION IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. SELLER EXPRESSLY DISCLAIMS ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER ACCURACY OF SELLERTHE LICENSED MATERIALS. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. LIMITATION OF LIABILITY: IN NO EVENT WILL UPTODATE OR CIRCUMSTANCE WHATSOEVER SHALL SELLER ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, INDIRECTRELIANCE, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF ANY TYPE DATA OR NATURE PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF SELLER UPTODATE OR SUCH OTHER PARTY HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL IN NO EVENT SHALL UPTODATE OR SUCH OTHER PARTY'S LIABILITY ARISING OUT OF FOR ANY DAMAGES OR IN ANY WAY RELATED LOSS TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, YOU OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT PARTY EXCEED THE PURCHASE PRICE ACTUALLY LICENSE FEE PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESLICENSED MATERIALS. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

Limited Warranty. Seller warrants Buyer acknowledges that Xxxxx has been afforded the opportunity to Customer for review Seller’s limited warranty the (“Limited Warranty”), which is incorporated by reference herein, prior to execution of this Agreement. Xxxxx also acknowledges that it has received a period copy of twelve the Limited Warranty, and further agrees to accept the Limited Warranty as the sole warranty being given to Buyer. THE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE DWELLING HOUSE. NO IMPLIED WARRANTY (12) months following delivery only that (a) the Products shall conform to the description and specificationsWHETHER OF MERCHANTABILITY, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensHABITABILITY, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE) IS GIVEN ON ANY PORTIONS OF THE DWELLING HOUSE OTHER THAN CONSUMER PRODUCTS. XXXXXX HAS NOT AUTHORIZED ANY PERSON TO MODIFY THE TERMS OF THE WARRANTIES DESCRIBED HEREIN. SELLER EXPRESSLY DISCLAIMS ASSUMES NO LIABILITY OR OBLIGATIONS ON ACCOUNT OF REPRESENTATIONS MADE BY ANY OTHER PERSON. THE OBLIGATIONS OF SELLER ARE LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE COMPONENT AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERDO NOT EXTEND TO ANY DAMAGE OR HARM RESULTING THEREBY OR THEREFROM. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SELLER SHALL SELLER NOT BE LIABLE FOR ANY CONSEQUENTIALCONSEQUENTIONAL DAMAGES, INCIDENTALINCLUDING BUT NOT LIMITED TO COSTS OF SHELTER, INDIRECTTRANSPORTATION, EXEMPLARYFOOD, PUNITIVE MOVING, STORAGE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY OTHER INCIDENTAL EXPENSES RELATED TO THE PRODUCTSRELOCATION DURING REPAIR OR ANY OTHER COSTS DUE TO LOSS OF USE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/INCONVENIENCE OR GROSS NEGLIGENCE), STRICT LIABILITYANNOYANCE, OR ANY PERSONAL INJURIES ARSING FROM A BREACH OF ANY OF THE LIMITED WARRANTIES DESCRIBED IN THIS AGREEMENT. IF ANY DEFECT IS DISCOVERED DURING THE APPLICABLE WARRANTY PERIOD, SELLER SHALL HAVE THE EXCLUSIVE RIGHT TO DETERMINE WHETHER THE DEFECT SHALL BE CORRECTED BY REPAIR, ADJUSTMENT OR REPLACEMENT. NO LIMITED WARRANTY CONTAINED HEREIN COVERS A DEFECTIVE PORTION OF THE DWELLING HOUSE THAT HAS BEEN SUBJECT TO MISUSE, ALTERATION OR ACCIDENTAL DAMAGE (CAUSED BY PERSONS OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESTHAN SELLER’S EMPLOYEES AND AGENTS) OR HAS NOT BEEN AFFORDED REASONABLE CARE.

Limited Warranty. Seller warrants 7.1 Notwithstanding statements provided to Customer Buyer by NCS pursuant to an Acknowledgment, or the terms of any written contract, or unless otherwise specified by NCS in writing (“Warranty Period”), no warranty is provided for a period of twelve (12) months following delivery only that (a) Products sold or otherwise provided to Buyer by NCS hereunder. NCS coordinates the Products shall conform manufacturer's warranty for such products, if any, to the description and specificationsBuyer without recourse to NCS. NCS does not adopt any manufacturer warranty. EXCEPT FOR AN EXPRESS WARRANTY OTHERWISE FURNISHED BY NCS UNDER A SEPARATE DOCUMENT OR THE EXPRESS WARRANTIES SET FORTH ABOVE IN THIS SECTION 4.1. THERE ARE NO WARRANTIES, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerEITHER EXPRESS OR IMPLIED. SELLER HEREBY NCS DISCLAIMS AND CUSTOMER HEREBY WAIVES EXCLUDES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY AND ALL IMPLIED WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PARTICLE PURPOSE. SELLER EXPRESSLY DISCLAIMS , AGAINST INFRINGEMENT AND THE LIKE, AND ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER ARISING FROM ANY COURSE OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and ConditionsDEALING OR USAGE OF TRADE. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER NCS BE LIABLE FOR LOSS OF USE OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARYINCIDENTAL OR CONSEQUENTIAL DAMAGES, PUNITIVE INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURIES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED ON PRINCIPLES OF INDEMNITY OR SPECIAL DAMAGES CONTRIBUTION, THE FAILURE OF ANY TYPE LIMITED OR NATURE EVEN IF SELLER HAS REASON EXCLUSIVE REMEDY TO KNOW ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT IS NOT RELYING ON NCS'S SKILL OR JUDGMENT TO SELECT OR FURNISH SUITABLE GOODS FOR BUYER. NCS MERELY COORDINATES THE WARRANTIES OFFERED BY THE MANUFACTURER OF THE POSSIBILITY OF PRODUCTS SOLD AND DOES NOT ADOPT SUCH DAMAGESWARRANTIES, NOR DOES IT CREATE ANY ADDITIONAL WARRANTIES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN NOTHING HEREIN SHALL BE CONSTRUED AS NCS ADOPTING ANY WAY RELATED TO THE PRODUCTSMANUFACTURER WARRANTY. NCS shall not be responsible for delays in performance or claims for damages whatsoever resulting from delays at manufacturing plants, WHETHER BASED IN CONTRACTtransportation, WARRANTYinability to obtain materiel or services, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE)or due to strike, STRICT LIABILITYfires, OR ANY OTHER CAUSE OF ACTIONflood, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESstorms, war, insurrections, riots, any government regulation, order act or instruction, or any other circumstance beyond NCS's reasonable control, and Buyer's acceptance of goods and/or services shall constitute a waiver of any claims for damages due to such delay.

Limited Warranty. Seller Pluribus warrants only to Customer that the Support Services will be performed with at least the same degree of skill and competence normally practiced by Pluribus-trained technical support engineers performing the same or similar services. Customer’s sole and exclusive remedy, and Xxxxxxxx’ entire liability, for any breach of the foregoing warranty shall be for Pluribus to re-perform, in a period conforming manner, any nonconforming Support Services that are reported to Pluribus by Customer in writing within sixty (60) days after the date of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationscompletion of such Services. EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPH OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under SellerTHE SUPPORT SERVICES AND ALL MATERIALS FURNISHED TO CUSTOMER UNDER THIS AGREEMENT ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. SELLER HEREBY DISCLAIMS PLURIBUS AND CUSTOMER HEREBY WAIVES ITS SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSREPRESENTATIONS AND WARRANTIES, EXPRESS OR GUARANTEES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY, WITHOUT LIMITATIONWITH RESPECT TO THE SUPPORT SERICES AND ANY MATERIALS FURNISHED HEREUNDER, INCLUDING THE WARRANTIES OF DESIGNMERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. SELLER EXPRESSLY DISCLAIMS CUSTOMER ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY AND ALL WARRANT OR REPRESENTATION OTHER WARRANTIES UNLESS EXPRESSLY MADE THAN XXXX SET FORTH IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESPRECEDING PARAGRAPH.

Limited Warranty. Seller Lincoln warrants to Customer that the Licensed Application will perform substantially in accordance with the accompanying written materials for a period of twelve ninety (1290) months days following the earlier to occur of the date of delivery only that (a) of the Products shall conform Licensed Application or first access to the description and specificationsLicensed Application by Authorized User (the “Limited Warranty Period”). IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY AUTHORIZED USER’S STATE OR JURISDICTION AND APPLICABLE LAW PROHIBITS DISCLAIMER OF SUCH WARRANTY OR CONDITION, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensAUTHORIZED USER SHALL HAVE SUCH IMPLIED WARRANTY OR CONDITION, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THE PRODUCTSLIMITED WARRANTY PERIOD. AS TO ANY DEFECTS DISCOVERED AFTER THE LIMITED WARRANTY PERIOD, XXXXXXX MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDINGOF ANY KIND. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO AUTHORIZED USER. ANY SUPPLEMENTS OR UPDATES TO THE LICENSED APPLICATION, INCLUDING WITHOUT LIMITATION, ANY SERVICE PACK OR FIXES PROVIDED TO OR FOR THE WARRANTIES BENEFIT OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW AUTHORIZED USER AFTER THE EXPIRATION OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF LIMITED WARRANTY PERIOD ARE NOT COVERED BY ANY WARRANTY OR IN ANY WAY RELATED TO THE PRODUCTSCONDITION, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/EXPRESS OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.IMPLIED.‌

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) The MRC warrants that it has the Products shall conform lawful right to the description and specifications, subject to industry standard tolerances and variations; and grant this license. (b) Seller has good title to The license granted herein and the Products free and clear of liensassociated Technology are provided “AS IS WITH ALL FAULTS”, security interests or encumbrances by any party claiming byAND THE ENTIRE RISK AS TO SATISFACTORY qUALITY, through or under SellerPERFORMANCE, ACCURACY, AND EFFORT IS WITH THE LICENSEE. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSMRC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL SUCH WARRANTIES, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES CONDITION, INCLUDING PURITY, OF DESIGNANY INVENTION(S), MERCHANTABILITY AND TECHNOLOGY OR PRODUCT, WHETHER TANGIBLE OR INTANGIBLE, LICENSED UNDER THIS AGREEMENT; OR OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE INVENTION, TECHNOLOGY OR PRODUCT; OR OWNERSHIP; OR THAT THE USE OF THE LICENSED TECHNOLOGY OR PRODUCT WILL NOT INFRINGE ANY PATENT, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER LICENSOR SHALL SELLER NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT, INCIDENTALCONSEqUENTIAL, INDIRECTOR OTHER DAMAGES SUFFERED BY ANY LICENSEE OR ANY THIRD PARTIES RESULTING FROM THE USE, EXEMPLARYPRODUCTION, PUNITIVE MANUFACTURE, SALE, LEASE, CONSUMPTION, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW ADVERTISEMENT OF THE POSSIBILITY OF SUCH DAMAGESTECHNOLOGY OR PRODUCT. (c) In no event shall the MRC be liable for any consequential, special, exemplary, punitive or incidental damages even if it has been advised of the possibility of such damages resulting from this Agreement or the exercise of the license granted herein or the use of the Invention, Licensed Product, Licensed Method or Technology. (d) Nothing in this Agreement shall be construed as: (1) a warranty or representation by the MRC as to the validity or scope of any Patent Rights; (2) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or shall be free from infringement of patents of third parties; (3) an obligation to bring or prosecute actions or suits against third parties for patent infringement except as provided in Paragraph 5.2 hereof; (4) conferring by implication, estoppel or otherwise any license or rights under any patents of the MRC other than Patent Rights as defined in this Agreement, regardless of whether those patents are dominant or subordinate to Patent Rights; (5) an obligation to furnish any know-how not provided in Patent Rights and Technology; or (6) an obligation to update Technology. (e) LICENSEE agrees that the MRC’s liability in connection with the Invention, Technology and Patent Rights, whether arising in contract, negligence, strict liability, tort or otherwise shall not exceed the lesser of (i) the amount paid by LICENSEE to the MRC for the license, or (ii) R . (f) LICENSEE understands and agrees that the MRC is not engaged, and does not purport to be engaged, in LICENSEE’S business and LICENSEE assumes all responsibilities and obligations with respect to any decision LICENSEE makes or action LICENSEE may take as a result of LICENSEE’S use of the Invention, Technology and Patent Rights. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSThe limitations of warranties, WHETHER BASED IN CONTRACTliabilities, WARRANTYand remedies under this Agreement are a reflection of the risks assumed by the parties in order to obtain the Invention, TORT Technology or Patent Rights at the specified license fee. LICENSEE agrees to assume the risk for: (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE)i) all liabilities disclaimed by the MRC contained herein, STRICT LIABILITYand (ii) all alleged damages in excess of the amount, OR ANY OTHER CAUSE OF ACTIONif any, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESof the remedy provided hereunder.

Limited Warranty. Seller Provider warrants that it has the power and authority to Customer grant the subscription for a period of twelve (12) months following delivery only that (a) the Products shall conform Services granted to the description and specificationsClient hereunder. EXCEPT FOR THE WARRANTY SET FORTH HEREIN, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY AND MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund Client represents that it accepts sole and complete responsibility for: (a) the selection of the purchase price. The foregoing sets forth Seller’s entire obligation and liability Services to Customer in respect achieve Client's intended results; (b) use of the ProductsServices; (c) the results obtained from Services; and (d) the terms of any contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or errorfree. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Customer accepts Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the same as its entire right Services, an Authorized User’s use of the Services, and/or any agreement between the Client and sole remedy an Authorize User based on or in relation any way related to any breach by Seller of these Terms and Conditionsthe Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER PROVIDER BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECT, EXEMPLARYCONSEQUENTIAL, PUNITIVE PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY TYPE OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR NATURE INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SELLER PROVIDER HAS REASON TO KNOW BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTSIn any event, WHETHER BASED IN CONTRACTunder no circumstances shall Provider be liable for any loss, WARRANTYcosts, TORT expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous twelve (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES) months.

Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specificationsTHE SOFTWARE IS PROVIDED “AS IS” AND, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensEXCEPT FOR ANY WARRANTY, security interests or encumbrances by any party claiming byCONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, through or under SellerALL WARRANTIES IMPLIED OR OTHERWISE ARE EXCLUDED. SELLER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY SUCH WARRANTIES, CONDITIONS OR GUARANTEES WHICH CANNOT BE LAWFULLY EXCLUDED, THE OXFORD GROUP DOES NOT MAKE, AND HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES DISCLAIMS, ANY AND ALL OTHER ORAL REPRESENTATION OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTY, EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, THE WARRANTIES OF DESIGNTIMELINESS, MERCHANTABILITY AND COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THE SOFTWARE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION), INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION) (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). SELLER WITHOUT LIMITATION OF THE FOREGOING, THE OXFORD GROUP EXPRESSLY DISCLAIMS ANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE SOFTWARE. CUSTOMER SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER THE PERFORMANCE OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase priceTHE SOFTWARE. The foregoing sets forth Seller’s entire obligation Oxford Group makes no warranty or representation and liability to Customer gives no indemnity in respect of any third party's products, whether or not obtained from the ProductsOxford Group. The Oxford Group’s supply of any such third party- produced products will be subject to separate terms and conditions of the manufacturer or licensor, and Customer accepts which will be specified at the same as its entire right and sole remedy time of purchase in relation to such product. Any samples, training materials, descriptive material or advertising related to the Software, whether or not produced by the Oxford Group and any breach descriptions contained in or on the Oxford Group’s websites or in the Oxford Group’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Agreement or have any contractual force. Customer acknowledges that Customer has not relied on any statement, promise, representation, assurance or warranty made or given by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESthe Oxford Group or its agents which is not set out in the Agreement.

Limited Warranty. Seller 8.1 GMLS warrants to Customer for a period of twelve (12) months following delivery only Firm that (a) it owns or otherwise has rights in the Products shall conform RETS Data and has the right to license the description and specificationsRETS Data as described in this Agreement. 8.2 GMLS MAKES NO WARRANTIES OR REPRESENTATIONS, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liensEXPRESS OR IMPLIED, security interests or encumbrances by any party claiming byAS TO THE ABILITY TO ACCESS OR INTEGRATE RETS DATA. FURTHER, through or under SellerGMLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF RETS DATA. 8.3 THE WARRANTY SET FORTH IN SECTION 8.1 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY GMLS. SELLER GMLS MAKES NO WARRANTY TO ANY CONSULTANT. GMLS EXPRESSLY DISCLAIMS, AND FIRM HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND EXPRESSLY WAIVES, ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE ANY WARRANTIES OF DESIGNMERCHANTABILITY OF THE RETS DATA, MERCHANTABILITY INFORMATIONAL CONTENT OF THE RETS DATA OR PARTICIPANT DATA, OR FITNESS OF THE RETS DATA FOR FIRM'S PURPOSE OR SYSTEM INTEGRATION. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE RETS DATA, OR AGAINST INFRINGEMENT OF PROPRIETARY RIGHTS OF ANOTHER. GMLS DOES NOT WARRANT AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON REPRESENTATIONS THAT ACCESS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE RETS DATA AND/OR GROSS NEGLIGENCE), STRICT LIABILITYITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR ANY OTHER CAUSE OF ACTIONTHAT ACCESS PROBLEMS, IF ANY, WILL BE CORRECTED BY IT OR BE CORRECTABLE. FIRM SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER BE SOLELY RESPONSIBLE FOR THE PRODUCTS TO WHICH SUCH SELECTION, USE, EFFICIENCY AND SUITABILITY OF ANY CONSULTANT AND GMLS SHALL HAVE NO LIABILITY RELATESTHEREFORE.

Limited Warranty. (a) Seller warrants to Customer for a period of twelve one (121) months following year beginning from the date of delivery only of a Product (“Warranty Period”) that (a) the Products Product shall conform to Seller’s published specifications in effect as of the description date of manufacture and specificationsbe free from defects in workmanship, subject to industry standard tolerances material and variations; and construction. (b) Seller has good title to the Products free and clear of liensEXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN MAKES NO WARRANTY WHATSOEVER WITH RESPECT OF TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES INCLUDING ANY (I) WARRANTY OF DESIGN, MERCHANTABILITY AND MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING OR ANY WARRANTY OR OTHER TERMS SET FORTH HEREIN, THE PRODUCTS SOLD AS OTHER THAN FIRST QUALITY, SUCH AS IRREGULARS, PROMOTIONAL PRODUCTS, MILL ENDS, SECONDS OR REMNANTS, ARE SOLD “AS IS” “WHERE IS,” WITHOUT ANY WARRANTY WHATSOEVER OF ANY KIND, AND NO CLAIMS WILL BE CONSIDERED FOR ANY SUCH PRODUCT. (c) Certain products manufactured by a third party (“Third Party Products”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, Products made by Seller. Third Party Products are not covered by the warranty in Section 8(a). For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (V) COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. (d) All Products must be purchased through Seller or a Seller-authorized retailer or reseller. Seller will not accept any returns or extend any credit for any Products purchased from unauthorized third party sellers or resellers. SELLER EXPRESSLY MAKES NO REPRESENTATIONS OR WARRANTIES, AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, FOR ANY OF THE PRODUCTS SOLD BY UNAUTHORIZED THIRD PARTY SELLERS OR RESELLERS, WHETHER EXPRESS OR IMPLIED BY LAW. ANY PRODUCTS BOUGHT FROM UNAUTHORIZED THIRD-PARTY SELLERS OR RESELLERS USING ANY WEBSITE FROM ANY PERSON OR ENTITY THAT IS NOT AN AUTHORIZED SELLER OR RESELLER SHALL BE PURCHASED “AS IS,” “WHERE IS,” WITH NO WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limitedWHATSOEVER. (e) With respect to a valid claim for breach of warranty made during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace the defective Products, or (ii) credit or refund all or an appropriate portion of the Price of the defective Products; provided that, if Seller so requests, Customer shall, at Seller’s optionexpense, return the Products to repair Seller. (f) This warranty, as it applies between Seller and Customer, is not transferable. THE REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN. (g) In addition to the foregoing, Seller may provide to End Users of any Product a written warranty accompanying such Product or replacement of non-conforming Products or refund of the purchase price. The foregoing sets set forth on Seller’s entire obligation and liability to website at the time of purchase by End User. Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation shall not provide or extend to any breach End User of a Product any warranty or make any representations or warranties to any End User about such Product except as otherwise agreed to in writing by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESor otherwise provided by Seller in writing.

Limited Warranty. Other than as to warranties otherwise expressly agreed to, in writing, by Buyer and Seller, Seller warrants to Customer Buyer that: 1) for a period of twelve (12) months following from the date of delivery only of the Goods other than “specialty pulleys”, Engineered Class pulleys, or ProDuty® pulleys; 2) the lesser of twelve (12) months or two thousand (2,000) hours of use for “specialty pulleys”; 3) two (2) years for Engineered Class pulleys or 4) ten (10) years for ProDuty® pulleys (“Warranty Period”), that such Goods will be free from material defects in material and workmanship, when used under normal load and operating conditions and installed and maintained properly. Warranties shall not apply to any Goods which have been subject to misuse, misapplication, accident, neglect, modification, repair, improper maintenance, improper storage or improper installation. Misuse includes, but is not limited to, deterioration by chemical action, wear by presence of abrasive material, or improper lubrication. System design is the sole responsibility of Buyer and excessive or undefined loads shall not be warranted. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variationsWARRANTY OF MERCHANTABILITY; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT WARRANTY OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EXCEPT AS MAY BE AGREED TO BETWEEN BUYER AND SELLER); (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED. Products manufactured by a third party (“Third Party Product”) may be incorporated in, attached to or packaged together with, the Goods. SELLER EXPRESSLY DISCLAIMS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY AND THIRD PARTY PRODUCT (EXCEPT AS MAY BE SPECIFIED BY SELLER), ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLERWHICH ARE HEREBY DISCLAIMED. Seller’s liability shall be limitedWith respect to any such Goods during the Warranty Period, Seller shall, at Seller’s its option, to either: (i) repair or replacement of non-conforming Products replace such Goods (or the defective part) or (ii) credit or refund the Price of such Goods. If Seller so requests, Buyer shall, at Buyer's expense (including but not limited to removal of the purchase priceGoods and in-coming and out-going freight), return such Goods to Seller. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect THE REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET 9. FORTH IN THIS SECTION 8. Any action for a breach of warranty must be commenced within one (1) month following expiration of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATESapplicable Warranty Period.