Common use of Limited Warranty Clause in Contracts

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Software directly from TIBCOTerm that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, then TIBCO warrants fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that for a period Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationEquipment. This limited warranty extends only to Lessor shall have no liability for the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability repair of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, any defect or refund condition resulting from Lessee’s relocation of the Software and applicable Maintenance feesEquipment, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed utilities connection, alteration of the Equipment, use of the Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty preceding causes shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect result in additional charges to such SoftwareLessee. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONINFRINGEMENTTHERE ARE NO CONDITIONS, SATISFACTORY QUALITY COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR ARISING FROM A COURSE OF DEALINGOTHER PROVISIONS, USAGEEXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR TRADE PRACTICEOTHERWISE, ARE HEREBY EXCLUDED RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH LESSOR AND LESSEE.

Limited Warranty. If Customer obtained the Software directly from TIBCOLicensor, then TIBCO Licensor warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO Licensor and its licensors under this limited warranty will be, at TIBCOLicensor's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO Licensor does not receive a license fee, (b) has been altered or modified, except by TIBCOLicensor, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCOLicensor, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO Licensor for any Maintenance or Services provided by TIBCO Licensor related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO Licensor reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO Licensor provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO LICENSOR SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE SOFTWARE. CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCOLICENSOR. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO LICENSOR DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO Licensor directly, then TIBCO Licensor agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO Licensor will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO Licensor is promptly notified in writing of such claim, TIBCO Licensor has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCOLicensor's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCOLicensor's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCOLicensor, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCOLicensor), TIBCO Licensor may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO Licensor by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO Licensor with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO Licensor with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company are not warranted by Company and have such warranties as may be extended by the foregoing on a time, materials, travel, lodging and other reasonable expenses basisrespective manufacturer. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE AND/OR OTHERS ARISING FROM A COURSE OF DEALINGDEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, USAGEENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR TRADE PRACTICEANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS ON AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS " BASIS WITHOUT WARRANTIES OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseKIND.

Limited Warranty. If Customer obtained Subject to the limitations of Section 7, Seller warrants that the Software directly will execute the programming instructions provided by Seller and that the Goods manufactured by Seller will be free from TIBCO, then TIBCO warrants that defects in material and workmanship under normal use and regular service and maintenance for a period of one year from the date of shipment of the Goods by Seller, unless otherwise specified by Seller in writing or as may be further described in the Appleton Electric LLC Sales Policies and Procedures. Seller does not warrant that the operation of the Software shall be uninterrupted or error free. Consumables, including, without limitation, glass parts and electrodes, membranes, liquid junctions, electrolytes and reagents, o-rings, plastic tubes, elastomers, etc. are warranted to be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of shipment by Seller. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller’s), unauthorized 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 Seller. To the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. If within thirty (30) days from after Xxxxx’s discovery of any warranty defects within the Purchase Date: (i) the media on which the Software is furnished will be free of defects warranty period, Buyer notifies Seller thereof in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bewriting, Seller shall, at TIBCO's optionits option and as Buyer’s exclusive remedy, repair, replacementcorrect or replace F.O.B. point of manufacture, or refund of the Software and applicable Maintenance feespurchase price for, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid Goods found by Seller to TIBCO be defective. Failure by Customer based on a five-year straight-line depreciationBuyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. This Section states All costs of dismantling, reinstallation and freight and the entire liability time and expense of TIBCO with respect Seller’s personnel and representatives for site travel and diagnosis under these warranties shall be borne by Buyer unless accepted in writing by Seller. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseGoods, either alone or in combination with other products/components.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will The Ancillary Products may be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, “New” or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval“Used” Ancillary Products. In the event of any such claimdefect, litigation or threat thereof, TIBCO, at its sole option and expense, Lessee shall notify Lessor within two (a2) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid occurrence thereof. Ancillary Products shall be subject to TIBCO by Customer based on a five-year straight-line depreciationthe specific manufacturer's warranty provisions and time period, if any, as applicable to and as available for the Ancillary Products. This Section states In any event, the entire liability of TIBCO with respect Lessor shall be limited solely to the infringement repair of defects in, or, the replacement of the Ancillary Products at Lessor’s sole option. Lessor shall have no liability for the repair of any intellectual property rights, and Customer hereby expressly waives any other liabilities defect or obligations condition resulting from: Lessee’s relocation of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by Ancillary Products; utilities connection; alteration of the Ancillary Products; use of the then-current release.Ancillary Products for a purpose for which it was not intended; vandalism; misuse of the Ancillary Products; excessive wear and tear, or failure to provide notice to Lessor of needed repairs or maintenance. The repair of the Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE USAGE OR CONDITION OF THE ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Software directly from TIBCOterm of this Lease Agreement that it will repair structural or mechanical defects in the Modular Equipment (excluding HVAC filters, then TIBCO warrants fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that for a period Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationModular Equipment. This limited warranty extends only to Lessor shall have no liability for the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability repair of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, any defect or refund condition resulting from Lessee’s relocation of the Software and applicable Maintenance feesModular Equipment, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed utilities connection, alteration of the Modular Equipment, use of the Modular Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except misuse of the Modular Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Modular Equipment by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a timepreceding causes shall result in additional charges to Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, materialsCONSEQUENTIAL, travelINCIDENTAL OR PUNITIVE DAMAGES, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributorCOSTS OR EXPENSES ARISING IN RELATION TO LESSOR’S LIMITED WARRANTY, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareOR ANY REPAIRS PERFORMED PURSUANT TO THE LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, RELATED TO THE MODULAR EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONINFRINGEMENTTHERE ARE NO CONDITIONS, SATISFACTORY QUALITY COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR ARISING FROM A COURSE OF DEALINGOTHER PROVISIONS, USAGEEXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR TRADE PRACTICEOTHERWISE, ARE HEREBY EXCLUDED RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH LESSOR AND LESSEE.

Limited Warranty. If Customer obtained the Software directly from TIBCOSeller agrees to provide, then TIBCO warrants that for through its general contractor Summit Homes Construction, LLC (“Builder”), a period of thirty (30) days from the Purchase Date: (i) the media Limited Warranty on which the Software is furnished will be free of defects in workmanship and materials and workmanship under normal use; and (ii) the Software will substantially conform related to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund construction of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained Residence in accordance with instructions supplied by TIBCO, the terms and provisions of the Limited Warrantyset forth on Exhibit C attached hereto and incorporated herein (d) has been subjected the “Limited Warranty”). Purchaser agrees to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation sign and deliver the Limited Warranty to Seller at the time of any other term execution of this End User License Agreement, although it is understood and agreed that the effectiveness of the Limited Warranty is conditioned upon Closing and conveyance of the Property to Purchaser. Customer Purchaser agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms give Seller written notice of any warranty claim at the time given to Builder pursuant to the Limited Warranty. Purchaser’s sole remedy (in lieu of all remedies implied by law or otherwise) against Seller in connection with defects shall be to require Seller or Builder to correct the defect in material or workmanship in accordance with the Limited Warranty. Neither Seller nor Builder shall be responsible for any defects where the cause is determined to result from Purchaser’s actions or negligence. The Limited Warranty is non-transferable and in no event shall any subsequent purchaser of the Residence be entitled to any claim for repair, replacement or otherwise of any part of the Residence, including without limitation the structural components of the Residence, except as provided may be required by law. Additionally, by executing this Agreement Purchaser agrees to include the foregoing confirmation of non-transferability of Seller’s warranty in any subsequent purchase and sale agreement for the Residence. The Limited Warranty does not extend or relate to any items of tangible personal property in the Residence (whether or not such reseller property is attached to or distributorinstalled in the Residence) including, without limitation, any range, oven, range hood and TIBCO provides Customer no warranty with respect fan, microwave, garbage disposal, dishwasher, refrigerator, hot water heater, components of the heating system and any fire, alarm or other life-safety or security system installed in or servicing the Residence. Seller will assign tothe Purchaser at Closing any unexpired warranties Seller has received from the manufacturers of such tangible personal property, to the extent such Softwarewarranties are assignable. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSeller shall not be responsible for the performance of any such manufacturer under the manufacturer’s warranties. WITH REGARD TO ANY APPLIANCES OR SUCH OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, THE SOFTWAREWHETHER OR NOT WARRANTED BY MANUFACTURERS, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", SELLER DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY THOSE OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PURCHASER AGREES TO COMPLY WITH ALL MAINTENANCE MANUALS AND OTHER DOCUMENTS AND RECOMMENDATIONS PROVIDED TO PURCHASER WITH RESPECT TO THE INSPECTION, NONINFRINGEMENTOPERATION AND ROUTINE MAINTENANCE OF ALL SYSTEMS, SATISFACTORY QUALITY EQUIPMENT, AND SIMILAR ITEMS (INCLUDING, BUT NOT LIMITED TO, MECHANICAL, ELECTRICAL, PLUMBING, STRUCTURAL AND EXTERIOR SYSTEMS AND IMPROVEMENTS) MADE PART OF OR ARISING FROM SERVING THE PROPERTY. PURCHASER UNDERSTANDS AND AGREES THAT IF PURCHASER FAILS TO FOLLOW THE INSPECTION, MAINTENANCE AND REPAIR REQUIREMENTS AND STANDARDS CONTAINED IN SUCH MANUAL OR MATERIALS DELIVERED TO PURCHASER AND SUCH FAILURE CAUSES, WHETHER IN WHOLE OR IN PART, DAMAGE TO THE PROPERTY OR OTHER PROPERTY, THE RESULTING DAMAGE SHALL NOT BE COVERED BY THIS LIMITED WARRANTY AND SHALL FURTHER BE DEEMED NOT TO BE THE RESULT OF A COURSE DESIGN OR CONSTRUCTION DEFECT. EXCEPT AS STATED IN THE FIRST PARAGRAPH OF DEALINGTHIS LIMITED WARRANTY ABOVE, USAGESELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, OR TRADE PRACTICEQUALITY AS TO THE PROPERTY UNDERLYING THE PROJECT, ARE HEREBY EXCLUDED THE RESIDENCE, OR THE OTHER IMPROVEMENTS CONSTITUTING THE PROJECT, AND, TO THE EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, SELLER SPECIFICALLY EXCLUDES SUCH MATTERS IN CONSIDERATION OF THE EXPRESS WARRANTIES GIVEN UNDER THIS AGREEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE EXCEPT AS AN ACCOMMODATION TO CUSTOMEREXPRESSLY DISCLOSED BY THE SOILS REPORT DESCRIBED IN SECTION 20(o) BELOW, SELLER MAKES NO REPRESENTATION OR WARRANTY CONCERNING ANY GEOLOGICAL OR ENVIRONMENTAL MATTERS AND SPECIFICALLY EXCLUDES GEOLOGICAL AND ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS AGREEMENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; Except as otherwise provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimLimited Warranty, action or proceeding without TIBCO's prior written approval. In Purchaser assumes the event risk of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (damage occurring in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretoResidence after Closing. The foregoing indemnity provisions of this Section shall not apply to the extent any infringement could have been avoided by use of the then-current releasesurvive Closing.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations contained in Section 8 herein, then TIBCO Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of thirty ninety (3090) days from the Purchase Date: date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which warranty extended by the Software original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationlonger. This limited warranty extends is the only to the original Customer hereunderwarranty made by Seller. Customer's Buyer’s sole and exclusive remedy and the entire liability of TIBCO Seller’s sole and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed exclusive obligation for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller for Seller to re-perform the Services, repair or distributorreplace the Goods, and TIBCO provides Customer no warranty with respect subject to such Softwarethe limitations set forth in Section 8(a) herein. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYTHE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE OR ARISING FROM A COURSE ANY OTHER MATTER WITH RESPECT TO ANY OF DEALING, USAGE, THE GOODS OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSERVICES.

Limited Warranty. Seller provides such warranty as set forth in any instruction manual provided with the deliverable, or if there is no such warranty or instruction manual, Seller warrants to Buyer that such deliverable will be free from defects in material and workmanship (in either case the "Limited Warranty"). Except as expressly set forth in this Section 13 or specifically authorized by an executive officer of Seller in writing, the Limited Warranty is not transferable or assignable and any such transfer or assignment is void. If Customer obtained Buyer is authorized by Seller to be a reseller of deliverables that are goods or an installing contractor, the Software Limited Warranty may be passed through to Buyer's customer, but Buyer shall not alter the Limited Warranty in any way. Notwithstanding the foregoing, if Buyer re-brands Seller's deliverable or Seller, at Buyer's request, brands the deliverable with a xxxx not owned by Seller, the Limited Warranty may not be transferred or assigned, and all claims under the Limited Warranty shall be made directly from TIBCOby Buyer to Seller and not by any customer of Buyer. The Limited Warranty does not cover service trips, then TIBCO warrants that for a period service calls, costs of thirty (30) days from removing and reinstalling components and other labor charges or the Purchase Date: cost of shipment of replacement parts. The Limited Warranty excludes damages due to (i) the media on which the Software is furnished will be free of defects failure to install, operate or maintain deliverables as directed in materials and workmanship any instruction manual provided or under normal use; and applicable law or regulation, (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability misuse, abuse, neglect or modification of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, a deliverable or refund of the Software and applicable Maintenance feesany controls, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeway, (biii) has been altered improper service, use of replacement parts or modified, except accessories that are not specified by TIBCOSeller, (civ) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japanimproper installation, or any member relocation of a deliverable after initial installation, (v) incorrect supply, accident, fire, flood, acts of God or other casualty, (vi) use of a deliverable other than its intended purpose and normal usage, (vii) use of a deliverable in a corrosive atmosphere or any atmosphere containing contaminants, (viii) shipment of a deliverable (all claims must be filed with carrier), (ix) use of a deliverable in the European Unionvicinity of combustible or explosive materials, (x) any defect in a deliverable arising from a drawing, design, or any copyrightspecification supplied by or on behalf of Buyer, (xi) failure of parts, components, services or any trade secret of hook-ups not supplied by Seller, (xii) incompatibility with items not supplied by Seller, (xiii) a third party; and TIBCO will indemnify and hold Customer harmless from and against any damagesdeliverable not properly installed by a qualified contractor experienced in installing the deliverable, costs and fees reasonably incurred (including reasonable attorneys' feesxiv) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure inadequate air for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.combustion,

Limited Warranty. If Customer obtained Licensor warrants for the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase DateWarranty Period that: (i) if the Licensed Software is supplied via media, the media on which the Software is furnished will be free of from defects in materials and or workmanship under normal use; , and (ii) the copy of the Licensed Software will delivered to Licensee substantially conform conforms in all material respects to its the Documentation. This limited warranty extends only to the original Customer hereunder. Customer's Licensee’s sole and exclusive remedy for any defective media supplied by Licensor shall be Licensor’s repair or replacement of such defective media free of charge, provided that the defective media is returned to Licensor during the Warranty Period. During the Warranty Period, Licensee’s sole and exclusive remedy for not meeting part (ii) of the entire liability above warranty shall be the repair or replacement of TIBCO and its licensors under this limited warranty will bethe Licensed Software by Licensor free of charge so that it substantially conforms to the Documentation or, at TIBCO's optionif Licensor reasonably determines that such remedy is not economically or technically feasible, repair, replacement, or Licensee shall be entitled to a full refund of the license fee and any maintenance fee paid for such Licensed Software. Upon such refund, Licensee’s license to use such Licensed Software will immediately terminate. The warranties set forth in this Section 5 shall not apply if the defects in the Licensed Software or media result from: (a) failure to use the Licensed Software in accordance with the Documentation, this Agreement or ALAs; (b) the malfunctioning of Licensee’s equipment or network; (c) accident, neglect, or abuse; (d) service by any unauthorized person; (e) other software used by Licensee and applicable Maintenance feesnot provided by Licensor, in or for which event this End User License Agreement the Licensed Software is not designed or licensed for such use; (f) Third Party Software that is not a Third Party Component; (g) any other cause occurring after initial delivery of the Licensed Software or media to Licensee, unless caused directly by Licensor. Licensor has no responsibility for any claims made outside of the Warranty Period. The foregoing warranty shall terminate upon refund thereof. This warranty does not apply to any free-of-charge Licensed Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreementupdates provided under support and maintenance. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSFOREGOING WARRANTIES DO NOT APPLY, AND WARRANTIES INCLUDINGLICENSOR DISCLAIMS ALL WARRANTIES, WITHOUT LIMITATION, WITH RESPECT TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THAT IS NOT A THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretoCOMPONENT. The foregoing indemnity shall warranties set forth in this Section 5 will not apply to the extent and will become null and void if Licensee materially breaches any infringement could have been avoided by use provision of the then-current releasethis Agreement.

Limited Warranty. If Customer obtained Rogue Wave warrants to Licensee and for Licensee’s benefit only that the Software directly from TIBCOunaltered Licensed Software, then TIBCO warrants that when used as permitted under the License Agreement and in accordance with the instructions in the Documentation, will operate substantially as described in the Documentation for a period of thirty (30) days from the Purchase Date: date of delivery (i) the media on which the “Software Warranty Period”). The Licensed Software is furnished for use by sophisticated software developers, and Rogue Wave does not warrant that use of the Licensed Software will be free uninterrupted or error-free, that all errors will be corrected, or that use of defects in materials and workmanship under normal use; and (ii) the Licensed Software will substantially conform to meet Licensee’s needs. Rogue Wave will, at its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's own expense and as its sole obligation and Licensee’s sole and exclusive remedy and for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of Licensed Software reported to Rogue Wave by Licensee in writing during the Software and applicable Maintenance feesWarranty Period; provided, however, that no such error correction provided to Licensee will extend the original Software Warranty Period. If Rogue Wave determines that it is unable to correct the error, Rogue Wave may, in which event this End User the case of a perpetual license for the Licensed Software, upon approval by Licensee, refund to Licensee the fees paid by the Licensee for the defective Licensed Software and terminate the License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalaffected perpetual licenses granted herein. In the event Licensee does not approve of any such claim, litigation or threat thereof, TIBCO, at its sole option refund and expense, shall (a) procure for Customer termination of the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice with respect to Customerthe affected perpetual licenses of the Licensed Software, Licensee will be entitled to keep the Licensed Software and use it pursuant to the licenses granted herein; provided, however, that Rogue Wave will not be obligated to provide Maintenance and Support for the perpetual licenses of the Licensed Software that are impacted by the reported defect. In the event the Licensee has a subscription-based license for the Licensed Software, and if Rogue Wave determines that it is unable to correct the error, Rogue Wave will terminate the subscription licenses for the affected Licensed Software, and refund to Customer the unamortized Licensee the remaining portion of the pre-paid subscription license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states for the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseaffected licenses.

Limited Warranty. If Customer obtained Pearson cannot assure that the Software directly from TIBCOperformance of Licensed Product will be uninterrupted or error-free, then TIBCO warrants or that all Licensed Product problems will be corrected, despite Xxxxxxx’x reasonable efforts to do so. Pearson does, however, warrant for a period of thirty ninety (3090) days from after the Purchase Date: (i) the media on which the Software is furnished will be free original shipment of defects in materials and workmanship Licensed Product hereunder that such Licensed Product, as originally delivered under normal use; and (ii) the Software this Agreement, will substantially conform to its Documentationthe applicable description and specifications contained in the Documentation delivered with such Licensed Product. This limited The foregoing warranty extends only shall not apply to Licensed Product that has been modified in any way by Customer, damaged, or used in a manner that does not conform to the original instructions and specifications contained in the Documentation for such Licensed Product or to Xxxxxxx’x hardware specifications for such Licensed Product, which are available upon request. In the event that Licensed Product does not meet the requirements of this warranty, Customer hereundershall be responsible to so notify Pearson in writing during the warranty period and provide Pearson with sufficient detail to allow Pearson to reproduce the problem. After receiving such notification, Pearson will undertake to correct the problem, either itself or through its licensors, by programming corrections, reasonable “work-around” solutions and/or Documentation corrections. If Pearson is unable to correct the problem after a reasonable opportunity, Pearson will refund the license fees paid for such Licensed Product and Customer's sole ’s license to use such Licensed Product will terminate. The foregoing states the complete and exclusive remedy and the entire liability of TIBCO and its licensors remedies that Customer has under this limited warranty. Pearson shall have no responsibility for any warranty will be, at TIBCO's option, repair, replacement, or refund claims made outside of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofwarranty period. This warranty does not apply to any Software which (a) is licensed for betaupdates, evaluationenhancements, testing new releases or demonstration purposes for which TIBCO does not receive a license feenew versions of Licensed Product, (b) has been altered or modifiedif any, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions that may be supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid pursuant to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, Xxxxxxx’x Support and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseServices Policies.

Limited Warranty. Prevalent represents and warrants to Subscriber that the Service will in substantial compliance with the Prevalent Software Service Description attached hereto as Attachment B. In the event of a breach, Subscriber will promptly notify Prevalent of the non-conformity in writing and Prevalent will use reasonable commercial efforts to repair the Service to operate in compliance with its Prevalent Software Service Description and in compliance with the Service Level Agreement set forth in Attachment A. Subscriber’s exclusive remedy for breach of this warranty is for Prevalent to correct or work around the reported malfunction upon request. If Customer obtained the malfunction persists in causing a material failure in Subscriber’s production instances of the Service, causing a failure to conform to the Prevalent Software directly from TIBCOService Description without correction or work-around forty-five (45) days after written notice to Prevalent of a warranty claim under this Section 1.9, then TIBCO warrants Subscriber may terminate without liability for the balance of the terminated Services and receive a refund for all pre-paid Services, not yet delivered, as their exclusive remedy. All limited warranties on the Service are granted only to Subscriber and are non-transferable. This remedy represents Prevalent’s exclusive duty and Subscriber’s sole remedy even in the event that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects remedy should fail in materials and workmanship under normal use; and (ii) its essential purpose. Prevalent makes no warranty that the Software will substantially conform to its Documentationmeet Subscriber’s requirements or operate under Subscriber’s specific conditions of use. This limited Except as otherwise expressly provided herein, Prevalent makes no warranty extends only to that operation of the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty Service will be, at TIBCO's option, repair, replacementbe secure error free, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software free from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwareinterruption. EXCEPT AS SPECIFIED EXPLICITLY PROVIDED IN THIS LIMITED WARRANTYAGREEMENT OR OTHERWISE AGREED TO IN WRITING BY PREVALENT, THE SOFTWAREPREVALENT MAKES NO WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN FACT OR IN LAW, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. SUBSCRIBER MUST DETERMINE WHETHER THE SERVICE SUFFICIENTLY MEETS SUBSCRIBER’S REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. EXCEPT TO THE EXTENT ALLOWED BY APPLICABLE LAWATTRIBUTABLE TO A BREACH OF PREVALENT’S SECURITY OR SERVICE LEVEL OBLIGATIONS HEREUNDER, SUBSCRIBER BEARS SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICE TO MEET SUBSCRIBER’S REQUIREMENTS. CERTAIN THIRD PARTY SOFTWARE MAY EXCEPT TO THE EXTENT ATTRIBUTABLE TO EITHER PARTY’S GROSS NEGLIGENCE OR WILFULL MISCONDUCT, OR SERVICE LEVEL OBLIGATIONS HEREUNDER, PREVALENT WILL NOT, UNDER ANY CIRCUMSTANCES, BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERRESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY SUBSCRIBER COMPUTER OR INFORMATION STORAGE DEVICE. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE IN ADDITION, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT (A) THE SERVICE DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING CONSTITUTE THE RESULTS PROVISION OF ANY SOFTWARE, MAINTENANCE LEGAL ADVICE OR SERVICES OR THAT IN ANY MANNER; (B) THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE SERVICE DOES NOT ENSURE SUBSCRIBER’S COMPLIANCE WITH ALL APPLICABLE INDUSTRY REGULATIONS AND LAWS; AND (C) SUBSCRIBER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSOLELY RESPONSIBLE FOR ITS COMPLIANCE WITH APPLICABLE LAWS RULES AND REGULATIONS.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations contained in Section 6 herein, then TIBCO Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of thirty (30) 90 days from the Purchase Date: date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to extended by the original Customer hereundermanufacturer. Customer's sole Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund shipping of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisResale Products. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of Buyer discovers any warranty shall be as provided by such reseller or distributordefects and notifies Seller thereof in writing during the applicable warranty period, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orSeller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to settlebe defective, any claim or action brought against Customer to refund the extent it is based on a claim that purchase price of the unmodified Software infringes any patent issued defective portion of the Goods/Services. All replacements or repairs necessitated by the United Statesinadequate maintenance, Canadanormal wear and usage, Australiaunsuitable power sources or environmental conditions, Japanaccident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any member other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the European Unionoriginal warranty period or ninety (90) days, or any copyright, or any trade secret of a third party; whichever is longer. This limited warranty is the only warranty made by Seller and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer can be amended only in a final judgment; provided that TIBCO is promptly notified in writing of such claimsigned by Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, TIBCO has the exclusive right to control such defense and/or settlementEXPRESS OR IMPLIED, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimAS TO MERCHANTABILITY, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseFITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder and is in compliance with its obligations under the Software directly from TIBCOLease Agreement, then TIBCO Lessor warrants throughout the Term that for a period it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationEquipment. This limited warranty extends only Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alterations, repairs, or modification to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beEquipment performed by Lessee, at TIBCO's option, repair, replacement, or refund use of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except damage to Equipment caused by TIBCOLessee, (c) has not been installedmisuse of the Equipment, operatedexcessive wear and tear, repaired, or maintained in accordance with instructions supplied failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty preceding causes shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect result in additional charges to such SoftwareLessee. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWRITTEN OR ORAL, RELATED TO THE EQUIPMENT OR ANY MATTERS CONTAINED IN THE LEASE AGREEMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTUSE OR OPERATION, SATISFACTORY OR ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR ARISING FROM A COURSE MATERIALS OR WORKMANSHIP, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF DEALINGTHE FOREGOING, USAGETHERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR TRADE PRACTICEOTHER PROVISIONS, ARE HEREBY EXCLUDED EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH LESSOR AND LESSEE.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOfull payment of the applicable license fees, then TIBCO warrants Licensor warrants, for your benefit only, that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished provided will be materially free of from defects in materials material and workmanship under normal use; and use for a period of three (ii3) months from the date on which a Term License was granted to you. Licensor does not warrant that the Software shall be uninterrupted, that the operation of the Software will substantially conform to its Documentationbe error free or that it shall meet your requirements. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund is void if (i) failure of the Software and applicable Maintenance feeshas resulted from accident, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply abuse, unauthorized use or misapplication; (ii) any modifications were made to the Software by you or any third party; (iii) the Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been properly installed, operated, repaired, repaired or maintained in accordance with the instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, Licensor; or (eiv) is the Software was used on or in violation conjunction with hardware or software other than hardware and software with which the Software was designed to be used as described in the Documentation. In the event of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of this warranty, Licensor's sole obligation shall be, at its sole discretion, to replace or repair the Software or component thereof that does not meet the foregoing on a timelimited warranty, materialsfree of charge. Any replacement or repaired component will be warranted for the remainder of the original warranty period or 30 days, travel, lodging and other reasonable expenses basiswhichever is longer. If Customer obtained Warranty claims should be made within 90 days of purchase of the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareTerm License. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYFOR THE WARRANTY SET FORTH ABOVE, THE SOFTWARE, MAINTENANCE SOFTWARE MEDIA AND SERVICES THE SOFTWARE ARE PROVIDED LICENSED "AS IS", AND LICENSOR HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, SATISFACTORY QUALITY ACCURACY, RELIABILITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCONON- INFRINGEMENT. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO LICENSOR’S DEALER, DISTRIBUTORCHANNEL PARTNER, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTHIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Paradyne warrants that for a period of thirty (30) days from under normal use and conditions the Purchase Date: (i) the media on which the Software is furnished Licensed Product will be free of from significant defects in materials and workmanship under normal use; for a period of ninety (90) 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 Software will substantially conform to its Documentationprice paid. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO Paradyne and its licensors under this limited suppliers shall have no responsibility, warranty will be, at TIBCO's option, repair, replacement, or refund other obligation whatsoever as a result of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive the use of the Licensed Product in a license feemanner inconsistent with the accompanying manuals and this License, (b) has been altered any modifications made to the Licensed Product, or modified, except by TIBCO, (c) has not been installedfailure of the Licensed Product as a result of accident, operated, repairedabuse, or maintained in accordance with instructions supplied by TIBCOmisapplication. NO OTHER WARRANTIES. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. PARADYNE AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSIMPLIED, AND WARRANTIES INCLUDINGPARADYNE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OR CONDITION OF MERCHANTABILITYSATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MOREOVER, SATISFACTORY QUALITY 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 UNDER NO THEORY OF LIABILITY SHALL PARADYNE OR ARISING FROM A COURSE ITS SUPPLIERS BE LIABLE FOR COSTS OF DEALINGPROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, USAGELOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION OR DATA, OR TRADE PRACTICEANY OTHER SPECIAL, ARE HEREBY EXCLUDED INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE, THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING LICENSED PRODUCT, EVEN IF PARADYNE AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE RESULTS POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. IndemnityMarketing & 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. If Customer obtained the Software from TIBCO directlyNetScout will provide Tier 3 Support via telephone or electronic mail, then TIBCO agrees at its own expense to defend orfive (5) days per week, at its optionduring NetScout's normal business hours (8 am - 6 pm, to settleEST), and, and via a paging service for after hours, weekend and holiday escalations. Paradyne shall provide NetScout feedback for any claim or action brought against Customer Licensed Product bugs and potential fixes to the extent it is based on a claim that bugs, which will be reviewed by NetScout and subsequently incorporated into the unmodified Software infringes any patent issued by the United StatesLicensed Product, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalas required. In the event of any such claimParadyne is unable to resolve a Customer's problem and NetScout Tier 3 Support is required, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Paradyne will escalate the problem to NetScout per a Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent softwareassigned priority level. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.NetScout will respond as follows:

Limited Warranty. If Customer obtained Assays designed outside of published design specifications are not expected to conform to published performance specifications. Actual Assay performance will be affected if any of the Software directly from TIBCOfollowing apply: a) failure to provide a suitable storage, then TIBCO warrants use, or operating environment; b) use of non-recommended reagents; c) use of the Assays for a purpose or in a manner other than that for a period which they were designed; d) modifications or repairs done by Customer; or e) any other abuse, misuse, or neglect of thirty the Assays, including without limitation the use of the Assay with any item other than Fluidigm chips and Assays (30) days from except as may be set forth in the Purchase Datethen current applicable Fluidigm protocol for use of an Assay, with associated standard laboratory tools and equipment ancillary to use of such Assay). Fluidigm has optimized its Assays for use with certain Fluidigm protocols, Fluidigm Products, and authorized third party Fluidigm Products. Accordingly, Fluidigm recommends that Customer not use any Assays provided hereunder in combination with any protocols, non-standard conditions, or Fluidigm Products which are not either: (i) provided by Fluidigm, or (ii) from a source authorized by Fluidigm. Customer acknowledges that failure to comply with any restriction of use set forth herein (including without limitation the media on which the Software is furnished preceding sentence) will be free (i) constitute a breach of defects in materials these Terms and workmanship under normal use; Conditions, and (ii) the Software will substantially conform to its Documentationmay constitute a violation or infringement of Fluidigm’s and/or a third party’s intellectual property rights. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTO THE EXTENT PERMITTED BY APPLICABLE LAW, at TIBCO's optionFLUIDIGM, repairITS SUPPLIERS AND ITS REPRESENTATIVES DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWITH RESPECT TO FLUIDIGM PRODUCTS AND SERVICES, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that All Products and Services manufactured by Seller are warranted against defects in material and workmanship under normal use and service for which such Products and Services were designed for a period of thirty eighteen (3018) days from the Purchase Date: months after shipment or twelve (i12) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationmonths after start-up, whichever comes first. This limited warranty extends only to the original Customer hereunder. Customer's Seller’s sole and exclusive remedy and the entire liability of TIBCO and its licensors obligation under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orLimited Warranty is, at its option, to settlerepair, replace, or refund any claim Product or action brought against Customer any part or parts thereof found to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United Statesbe defective. This Limited Warranty does not cover reimbursement for labor, Canadagaining access, Australiaremoval, Japaninstallation, temporary power, or any member other expenses, which may be incurred in connection with repair or replacement. Seller’s obligation under this Limited Warranty is conditioned upon receipt of the European Union, or any copyright, or any trade secret of a third party; all payments due from Buyer and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior prompt written notice to Customerof Xxxxx’s warranty claim. THIS LIMITED WARRANTY IS THE BUYER’S EXCLUSIVE REMEDY AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, and refund to Customer EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Seller’s maximum liability shall not in any event exceed the unamortized portion of contract price paid for the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationdefective Product or parts. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity Limited Warranty shall not apply to any Product or component repaired or altered by anyone other than Seller’s authorized personnel; to any Products assembled, installed, or used in a manner contrary to Seller’s instructions; or claims due to failure to follow Seller’s instructions for operation and maintenance. This Limited Warranty shall not apply to Product samples or prototypes. Those are provided “AS IS” with Seller having no liability or responsibility for any defects, errors, or omissions in, or any uses or decisions made by the extent any infringement could have been avoided by use of the then-current releaseBuyer with or in reliance upon samples or prototypes.

Limited Warranty. If Customer obtained Seller warrants only that, at the Software directly from TIBCOtime of delivery of the Product, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which Product meets Seller's current written specif ications for the Software is furnished will be free of defects in materials and workmanship specific Product sold under normal usethis Agreement; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) Product has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained manufactured in accordance with instructions supplied by TIBCOall federal and state laws and regulations applicable to the Product and Seller's sale of the Product under this Agreement; and (iii) it shall transfer ownership of the Product free and clear of any liens or encumbrances. Seller makes no warranties against infringement of intellectual property of any kind (including patent, (dtrade secret or trademark) has been subjected due to abnormal physical the use of the Product alone or electrical stressin combination with other products, misusethe manufacture, negligenceuse, sale, offer for sale or importation of the Product alone or in conjunction with other products, or accidentthe use of materials during any process. Buyer assumes all risks and liability for the results obtained from the Use (as such term is defined in Section 6) of the Product, whether used alone or in combination with other substances or in any process. Seller may discontinue delivery of the Product, and the manufacture, sale, offer for sale, use or importation which, in its opinion, involves infringement of any patent. EXCEPT AS PROVIDED IN THIS SECTION, SELLER EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY USAGE OF TRADE OR TRADE USAGE. ANY DETERMINATION THAT THE PRODUCT IS SUITABLE FOR THE USE CONTEMPLATED BY THE PURCHASER IS THE SOLE RESPONSIBILITY OF THE PURCHASER. Seller makes no warranties or representations to Buyer or its affiliates or subsidiaries, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty third party with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained its ability or the Software from TIBCO directly, then TIBCO agrees at its own expense ability of others to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer act properly in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claima failure of a computer or device to accurately store, litigation process, provide or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right receive data relating to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseAgreement.

Limited Warranty. If Customer obtained a. Tellspec warrants to the first purchaser of Hardware and accompanying Tellspec Software directly from TIBCOlicenses, then TIBCO warrants and subsequent transferees, that for a period of thirty (30) days from the Purchase Date: (i) the media on which the such Hardware and Tellspec Software is furnished will be free of defects in materials workmanship and workmanship material and conform substantially to the published specifications under normal use; use and (ii) the Software will substantially conform to its Documentationservice. This limited warranty extends only entitles you to obtain service for a Warranty Period of twelve (12) months, beginning on the original Customer hereunderdate of purchase of the Tellspec scanner. Customer's sole and exclusive remedy and If Hardware is repaired or replaced under warranty, then XXXX Page 3 of 5 2013.11.30 the entire liability of TIBCO and its licensors Warranty Period for such repaired or replacement Hardware shall be the remaining Warranty Period on the repaired or replaced Hardware, or ninety (90) days, whichever is greater. To obtain service under this limited warranty warranty, contact Tellspec by email at xxxx@xxxxxxxx.xxx, by telephone at +0 (000) 000 0000 to make arrangements. No products may be returned to Tellspec without its consent. Purchaser must provide proof of purchase and return defective products to Tellspec, transportation charges prepaid. Tellspec's only liability for defects will bebe to repair or, at TIBCOTellspec's option, repairreplace, replacementdefective Hardware or Tellspec Software, or refund of the Software and applicable Maintenance feesportions thereof, in which event this End User License Agreement shall terminate upon refund thereofwith new, repaired, renewed, or comparable Hardware or Tellspec Software, or portions thereof (whichever Tellspec deems necessary). This warranty does not apply to any Software which (a) is licensed for betaHardware damage resulting from accident, evaluationmisuse, testing or demonstration purposes for which TIBCO does not receive a license feeneglect, (b) has been altered or modifiedalteration, except by TIBCOtampering, (c) has not been installedimproper installation, operatedunusual environmental, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligencestress (such as voltage surges), or accident, or (e) is used in violation of any other term of this End User License Agreementunauthorized repair. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any This warranty shall be void if you have tampered with or otherwise modified the Tellspec scanner, if you have not followed Tellspec guidelines regarding care of the Tellspec scanner, and/or if Hardware is not shipped to Tellspec in the original shipping carton or in such other packaging as provided may be permitted by such reseller or distributorTellspec in writing. This warranty gives you specific legal rights, and TIBCO provides Customer no warranty with respect to such Softwareyou may also have other rights, which vary depending on your jurisdiction. In the European Union, you may also have other legal rights under applicable national legislation governing the sale of consumer goods. NEITHER TELLSPEC NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT USE OF THE TELLSPEC SYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, EXCEPT AS SPECIFIED EXPRESSLY STATED IN THIS LIMITED WARRANTY, AGREEMENT. THE SOFTWARE, MAINTENANCE TELLSPEC SYSTEM AND ANY SERVICES PROVIDED HEREUNDER BY TELLSPEC ARE PROVIDED "“AS IS"” AND “AS AVAILABLE” EXCEPT AS OTHERWISE REQUIRED BY LAW OR AS EXPRESSLY STATED IN THIS AGREEMENT. TELLSPEC AND ITS LICENSORS AND SUPPLIERS EACH DISCLAIM ALL WARRANTIES, ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTRADE USAGE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, AND NONINFRINGEMENT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERALL IMPLIED WARRANTIES REQUIRED BY LAW SHALL EXPIRE AT THE END OF THE WARRANTY PERIOD. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARESome jurisdictions do not allow limitations on how long an implied warranty lasts, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained so the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO above limitation may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseyou.

Limited Warranty. If Customer obtained During the Evaluation Period the Software directly from TIBCOis provided and you accept the Software “AS-IS” and “WITH ALL FAULTS.” Upon commencement of the production use license, then TIBCO DataCore warrants that for a period of ninety (90) days that the Software will substantially conform under normal use to DataCore's specifications contained in the user guides and operating manuals provided by DataCore with the Software. DataCore will, at its sole discretion, either promptly replace any Software that fails to comply with this warranty at its cost or refund the amount paid for the Software. Any claims submitted under this section must be submitted in writing to DataCore within the specified warranty period. This limited warranty is void if failure of the Software results from accident, abuse, misapplication, abnormal use or a virus. Any replacement for the Software, and any bug fix, maintenance release or update to the Software, will be warranted under this limited warranty for the remainder of the original warranty period applicable to the Software or thirty (30) days from the Purchase Date: (i) the media on which the Software its delivery, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationlonger. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY, at TIBCO's optionAND DATACORE’S AND ITS SUPPLIERS’ SOLE AND EXCLUSIVE LIABILITY, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, CONNECTION WITH THE SOFTWARE, MAINTENANCE INCLUDING FOR ANY BREACH OF THE WARRANTY RELATING TO THE SOFTWARE. THIS LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING WARRANTY IS EXCLUSIVE AND SERVICES ARE PROVIDED "AS IS"IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, ALL WHETHER EXPRESS OR IMPLIED IMPLIED, AND DATACORE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED AND AGAINST HIDDEN DEFECTS TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATACORE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE DATACORE DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, MEET YOUR REQUIREMENTS OR THAT ERRORS OR BUGS IN USE OF THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED, ERROR FREE, OR THAT FREE OF VARIATIONS FROM THE DOCUMENTATION. DATACORE IS NOT RESPONSIBLE FOR ANY INTERFERENCE WITH OR INABILITY TO USE THE SOFTWARE RESULTING FROM ADDITIONAL SOFTWARE OR SERVICES PROVIDED BY THE CLOUD INFRASTRUCTURE SUPPLIER, IF ANY, THROUGH WHICH YOU ACCESS THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained Unless otherwise provided in the limited warranties for the Software directly from TIBCOfound at xxxx://xxx.Xxxx.xxx/Warranty, then TIBCO Dell solely warrants that it has the right to grant the licenses to the Software, and except as set forth in Sections 13 and 15 below, that such Software will substantially conform in material respects to the functional specifications and current documentation provided by Dell with the Software. This limited warranty is not transferable and extends only for a period of thirty (30) days from the Purchase Date: (i) date of delivery of the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationSoftware, unless otherwise stated at xxx.Xxxx.xxx/Xxxxxxxx. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bedoes not cover damages, at TIBCO's optiondefects, repair, replacementmalfunctions or failures caused by any unauthorized modification by you, or refund your agents, of the Software and applicable Maintenance feesSoftware; any abuse, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing misuse or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except negligent acts of you; modification by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation you of any other term of this End User License Agreement. Customer agrees interfaces or any software or hardware interfacing with the Software; or any failure by you to pay TIBCO for any Maintenance follow Dell’s installation, operation or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwaremaintenance instructions. EXCEPT AS SPECIFIED IN THIS FOR THE PRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSDELL MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES INCLUDINGRELATED TO THE SOFTWARE WHETHER EXPRESS, WITHOUT LIMITATIONIMPLIED OR STATUTORY, AND DELL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE AND NON-INFRINGEMENT. DELL DOES NOT WARRANT THAT THE FUNCTIONS OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, MEET YOUR REQUIREMENTS OR THAT ERRORS OR BUGS IN OPERATION OF THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AND THE RESULTS ACHIEVED. YOUR SOLE AND EXCLUSIVE REMEDY, AND DELL’S ENTIRE LIABILITY, FOR BREACH OF THE WARRANTIES PROVIDED HEREIN, IS FOR DELL, AT ITS SOLE DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY NON-CONFORMANCE OR THAT TO PROVIDE A REFUND OF THE LICENSE FEES PAID BY YOU TO DELL FOR THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE . THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE DISCLAIMED -- ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred SUCH WARRANTY EXTENDS ONLY FOR THIRTY (including reasonable attorneys' fees30) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseDAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO WRT warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will Updates are provided to be free of from defects in materials and workmanship under normal use; and for ninety (ii90) days after delivery. Defective media may be returned for replacement without charge during the Software ninety (90) day warranty period unless the media have been damaged by accident or misuse. WRT warrants, for ninety (90) days after purchase, that any unaltered Update will substantially conform to its Documentationthe documentation that accompanies it (WRT expressly reserves the right to provide the documentation on the same media as the Updates). Any implied warranties are limited to the duration of the express warranties stated in this Section 5. WRT does not warrant that: (a) operation of any of the Updates shall be uninterrupted or error free, (b) that functions contained in the Updates shall operate in combinations which may be selected for use by Licensee or meet Licensee’s requirements, or (c) that the Updates will detect all viruses, Trojan horses, worms or other software routines or hardware components designed to permit unauthorized access to or to disable, erase or otherwise harm any software, hardware or data. WRT’s entire liability and your exclusive remedy shall be, at the option of WRT, either (a) return of the price paid or (b) repair or replacement of any Update that does not meet the foregoing warranty, when returned to WRT. This limited warranty extends only to is void if failure of the Update has resulted from accident, abuse or misapplication. Any replacement software will be warranted for the remainder of the original Customer hereunderwarranty period or thirty (30) days, whichever is longer. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHE FOREGOING EXPRESS LIMITED WARRANTIES ARE IN LIEU OF AND, at TIBCO's optionTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, repairWRT SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED WITH REGARD TO THE SERVICES AND THE PROVISION OF OR FAILURE TO PROVIDE SUCH SERVICES. TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY , IN NO EVENT WILL WRT OR ITS DISTRIBUTORS OR DEALERS BE PROVIDED TO CUSTOMER ALONG LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, PROFITS, USE OF INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT THE SERVICES OR THE USE OF OR INABILITY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION ANY UPDATE, EVEN IF WRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WRT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE MAINTENANCE FEES PAID BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseLICENSEE HEREUNDER.

Limited Warranty. If Customer obtained This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship Product under normal use; use that may exist at the time when it is sold by Segway, and (ii) the Software will substantially conform Limited Warranty by Segway shall not apply to its Documentation. This limited warranty extends only any defect, defective condition and/or damages to the original Customer hereunderProduct that is caused by another person or you after it is sold by Segway. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty The Limited Warranty does not apply to any Software which normal wear and tear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, Segway and/or other Segway Parties (aas applicable) is licensed for beta, evaluation, testing in its sole discretion will repair or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained replace defective Product in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach purchased from an authorized retailer of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisProduct. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any This warranty shall be as provided by such reseller or distributorgives you specific legal rights, and TIBCO provides Customer no warranty with respect if you are a consumer in the United States of America, you may also have other rights which vary from State to such SoftwareState. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWHETHER ARISING BY LAW, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO GROUND THAT SUCH WARRANTY IS MADE REGARDING MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE RESULTS FOREGOING DISCLAIMER, THE DURATION OF ANY SOFTWARE, MAINTENANCE OR SERVICES ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE SOFTWARE WILL OPERATE WITHOUT ERRORSAPPLICABLE COUNTRY/STATE LAW, PROBLEMS OR INTERRUPTIONSWHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT ERRORS OR BUGS IN SO THE SOFTWARE WILL BE CORRECTEDABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED THIS PARAGRAPH SHALL NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' feesYOU.) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.2

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO LICENSOR warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software PRODUCT is furnished will be be, under normal use, free of from defects in materials and workmanship workmanship. LICENSOR also warrants the PRODUCT licensed hereunder will perform in substantial accordance with the specifications and descriptions contained in the PRODUCT documentation. LICENSOR’S entire liability and LICENSEE’S exclusive remedy under normal use; and (ii) the Software this provision will substantially conform be for LICENSOR to its Documentation. This limited warranty extends only use commercially reasonable best efforts to remedy defects covered by this warranty, without charge to the original Customer hereunderLICENSEE, within a reasonable period of time. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beLICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofOR THAT ALL SOFTWARE DEFECTS CAN BE CORRECTED. This warranty does shall not apply to any Software which apply: (a1) if the PRODUCT is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained used in accordance with instructions supplied the LICENSOR’S documentation; (2) to portions of the PRODUCT that have been modified by TIBCO, LICENSOR (dat the LICENSEE’S request) or LICENSEE where such modifications are not part of the standard PRODUCT; (3) if a defect in the PRODUCT has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, caused by any of LICENSEE’S malfunctioning system and/or equipment; (4) for non-XX Xxxxxxx based uses of the PRODUCT; (5) if any other use within the control of LICENSEE results in the PRODUCT becoming inoperative; or (e6) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance inappropriate or Services provided by TIBCO related unauthorised use. No employee, agent or representative of LICENSOR has authority to a breach of bind LICENSOR to any oral representation, warranties or conditions concerning the foregoing on a timePRODUCT. Any written representation, materials, travel, lodging and other reasonable expenses basiswarranty or condition not expressly contained in this AGREEMENT shall not be enforceable. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareTHE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE LICENSOR AND SERVICES ARE PROVIDED "AS IS", ALL ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY INCLUDING THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTREGARDING THIS AGREEMENT, SATISFACTORY QUALITY ANY LICENSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE ANY PRODUCT PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseHEREUNDER.

Limited Warranty. If Customer obtained This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship Product under normal use; use that may exist at the time when it is sold by Segway, and (ii) the Software will substantially conform Limited Warranty by Segway shall not apply to its Documentation. This limited warranty extends only any defect, defective condition and/or damages to the original Customer hereunderProduct that is caused by another person or you after it is sold by Segway. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty The Limited Warranty does not apply to any Software which normal wear and tear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, Segway and/or other Segway Parties (aas applicable) is licensed for beta, evaluation, testing in its sole discretion will repair or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained replace defective Product in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach purchased from an authorized retailer of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisProduct. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any This warranty shall be as provided by such reseller or distributorgives you specific legal rights, and TIBCO provides Customer no warranty with respect if you are a consumer in the United States of America, you may also have other rights which vary from State to such SoftwareState. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWHETHER ARISING BY LAW, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO GROUND THAT SUCH WARRANTY IS MADE REGARDING MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE RESULTS FOREGOING DISCLAIMER, THE DURATION OF ANY SOFTWARE, MAINTENANCE OR SERVICES ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE SOFTWARE WILL OPERATE WITHOUT ERRORSAPPLICABLE COUNTRY/STATE LAW, PROBLEMS OR INTERRUPTIONSWHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT ERRORS OR BUGS IN SO THE SOFTWARE WILL BE CORRECTEDABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED THIS PARAGRAPH SHALL NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained YOU.) The parts repaired or replaced under the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to Limited Warranty are covered only for the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member remainder of the European Unionwarranty period of the Product. Limited Warranty Service and Maintenance 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 become the 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 any copyrightits component is defective and/or does not work correctly. PLEASE IMMEDIATELY STOP USING THE PRODUCT, AND STORE THE PRODUCT PROPERLY. YOUR CONTINUED USE OF THE PRODUCT UNDER SUCH CIRCUMSTANCE MAY CAUSE SEVERE BODILY INJURY OR EVEN DEATH TO YOURSELF, THE OTHERS AND/OR CAUSE PROPERTY DAMAGES. Thereafter, please immediately contact Xxxxxx at xxxxxxxxxxxxxxxx@xxxxxx.xxx. Segway’s technical support personnel are available to assist you online or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer over the phone in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has diagnosing the exclusive right to control such defense and/or settlementdefect, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimif any, action or proceeding without TIBCO's prior written approvaland providing further instructions. In the event of any such claimthe warranty services are required, litigation or threat thereof, TIBCO, at its sole option and expense, shall please prepare for the following materials including (ai) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion proof of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use original purchase of the then-current release.Product from Segway Dealers,

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations contained in Section 8 herein, then TIBCO Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of thirty ninety (3090) days from the Purchase Date: date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which warranty extended by the Software original manufacturer. Xxxxx agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Xxxxx discovers any warranty defects, Xxxxx must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Xxxxxx. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationlonger. This limited warranty extends is the only to the original Customer hereunderwarranty made by Seller. Customer's Buyer’s sole and exclusive remedy and the entire liability of TIBCO Seller’s sole and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed exclusive obligation for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller for Seller to re-perform the Services, repair or distributorreplace the Goods, and TIBCO provides Customer no warranty with respect subject to such Softwarethe limitations set forth in Section 8(a) herein. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYTHE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE OR ARISING FROM A COURSE ANY OTHER MATTER WITH RESPECT TO ANY OF DEALING, USAGE, THE GOODS OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSERVICES.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants that for a period Products manufactured by it are, at the time of thirty (30) days delivery to Buyer, free from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials material and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited workmanship, provided that no warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which is made with respect to: (a) is licensed for betaany product that has been subject to negligence, evaluationaccident, testing or demonstration purposes for which TIBCO does not receive a license fee, improper storage; (b) any product that has been altered improperly installed or modified, except by TIBCO, maintained; or (c) any product that has not been installed, operated, repairedoperated beyond normal or recommended replacement intervals or wear limits. Seller’s obligation under this warranty is limited to the replacement of, or maintained in accordance with instructions supplied by TIBCOat Seller’s option, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation the return of the purchase price of any other term Product which is returned to Seller or its designated representative (at Buyer’s expense) within one (1) year from the date of this End User License Agreementpurchase and which, upon inspection by Seller, is found by Seller to be defective in material or workmanship. Customer agrees to pay TIBCO Seller shall not be responsible for the cost of labor for removing any Maintenance defective product or Services provided by TIBCO related to a breach of the foregoing on a timeinstalling any replacement product. THE WARRANTIES, materialsOBLIGATIONS AND LIABILITIES, travelEXPRESS OR IMPLIED, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributorAND ALL OTHER RIGHTS, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED CLAIMS AND REMEDIES OF BUYER SET FORTH IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS ARE EXCLUSIVE AND SERVICES ARE PROVIDED "AS IS"IN SUBSTITUTION FOR, ALL EXPRESS OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR IMPLIED CONDITIONSOTHERWISE, REPRESENTATIONSWITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE PRODUCTS OR SERVICES PROVIDED UNDER ANY ORDER, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGECOURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR TRADE PRACTICEREMEDY ARISING FROM THE NEGLIGENCE OF SELLER OR ANY MANUFACTURER OF AIRCRAFT INCORPORATING THE PRODUCTS; AND ANY OBLIGATION, ARE HEREBY EXCLUDED LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseAIRCRAFT.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company are not warranted by Company and have such warranties as may be extended by the foregoing on a time, materials, travel, lodging and other reasonable expenses basisrespective manufacturer. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY SOFTWAREMOLD, MAINTENANCE FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR THAT OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE SOFTWARE WILL OPERATE WITHOUT ERRORSPREVENTION, PROBLEMS ELIMINATION, REDUCTION OR INTERRUPTIONSINHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

Limited Warranty. If Customer obtained CONTEMPLAS GmbH has passed the Software directly exclusive liability for any end customer claims to Mar-Systems Ltd (DISTRIBUTOR) for purchases of SOFTWARE furnished by DISTRIBUTOR. For warranty questions, please contact the DISTRIBUTOR. SOFTWARE is warranted as follows: SOFTWARE is free from TIBCOdefects in design, then TIBCO warrants that materials and workmanship for a period of thirty (30) days twelve months from the Purchase Date: (i) date of delivery of the media on which SOFTWARE to you. Your sole remedy in the Software is furnished event of a breach of this warranty will be free that Mar-Systems Ltd will, at its discretion, replace any defective media returned to Mar-Systems Ltd within the warranty period or refund the money you paid for the SOFTWARE. Mar-Systems Ltd does not warrant that the SOFTWARE will meet your requirements or that the use of the SOFTWARE will be uninterrupted. Mar-Systems Ltd does not warrant that the SOFTWARE will be error-free. The above warranties do not apply to defects resulting from improper or inadequate maintenance, unauthorized modification, improper use or operation outside of the specifications for the SOFTWARE, abuse, negligence, accident, loss or damage in materials transit, improper site preparation, or unauthorized maintenance or repair. Except for the limited warranty set forth above, neither CONTEMPLAS GmbH nor Mar-Systems Ltd make any other warranty of any kind or nature, expressed or implied, of merchantability, fitness for a particular purpose and workmanship non-infringement of intellectual property rights. To the maximum extent permitted by applicable law, under normal use; and (ii) no circumstances will CONTEMPLAS GmbH or its distributors be liable to you for any special, consequential, indirect or CONTEMPLAS GmbH damages, including any lost profits or lost data arising out of the Software will substantially conform to its Documentationuse of the software even if CONTEMPLAS GmbH has been advised of the possibility of such damages. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty exclusion does not apply to any Software damage, which (a) was caused by rough negligence or by deliberate act on the part of CONTEMPLAS GmbH. In no case shall CONTEMPLAS GmbH or Mar-Systems Ltd liability exceed the purchase price for the software. This agreement is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer subject to the extent it is based general trading conditions of CONTEMPLAS GmbH. I accept and agree the above terms and conditions on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member behalf of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' feescompany name) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.Signed .............................................

Limited Warranty. GPC warrants to Customer good and clear title to all Equipment and materials furnished to Customer pursuant to this Agreement, free and clear of liens and encumbrances, so long as Customer fully compensates GPC as required by this Agreement. GPC warrants that the Equipment and installation will be performed in a good, professional, workmanlike, and competent manner, in conformity with all applicable professional standards and to Customer’s reasonable satisfaction. If Customer obtained the Software directly from TIBCOnotifies GPC of any defective or non-conforming Equipment or installation within one year after completion of installation, then TIBCO warrants that for a period of thirty (30) days from the Purchase Dateso long as: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal useno repair, substitution, modification, or addition has been made, except by GPC or with GPC's written permission; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) Equipment has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stressaccident, neglect, misuse, negligence, or accident, or (e) is used use by non-GPC personnel in violation of any other term instruction supplied by GPC, GPC will correct or re-perform the defective or non-conforming Equipment or installation, except that GPC’s sole obligation and Customer's exclusive remedy for defective or non-conforming Services is for GPC to correct or re-perform the defective or non-conforming Equipment or Services to Customer’s reasonable satisfaction within one year after completion of this End User License Agreementinstallation, subject to the limitation stated above in Limitation of Liability. Customer agrees to pay TIBCO GPC may rely on the accuracy and currency of information supplied by or at the direction of Customer, or available from generally acceptable reputable sources. GPC shall be legally and financially responsible for any Maintenance action or Services provided by TIBCO related to a breach omission on its part or the part of its agents and subcontractors that result in the voiding or noncoverage of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisEphesus Fixture Limited Warranty. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE WARRANTIES EXPRESSED IN THIS LIMITED WARRANTYAGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"NON-INFRINGEMENT. CUSTOMER MAY CHOOSE NOT ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF THE PARTICULAR EQUIPMENT AS APPROPRIATE TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET ACHIEVE CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasePURPOSES.

Limited Warranty. If Customer obtained Seller will transfer to Buyer any Product warranties and indemnities authorized by the Software directly from TIBCOmanufacturer, then TIBCO including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Products purchased hereunder will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. This If Seller breaches this warranty, Xxxxx’s remedy is limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, (at TIBCO's option, repair, replacement, or Seller’s election) (1) refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which Buyer’s purchase price for such Production (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feewithout interest), (b2) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentrepair of such Products, or (e3) is used in violation replacement of any other term such Products; provided that such Products must be returned to Seller, along with acceptable evidence of this End User License Agreementpurchase, within 20 days from date of delivery, transportation charges prepaid. Customer agrees No warranty will apply if the Product has been subject to pay TIBCO for any Maintenance misuse, static discharge, neglect, accident or Services provided by TIBCO related to a breach of the foregoing on a timemodification, materials, travel, lodging and other reasonable expenses basisor has been soldered. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Customer obtained Hardware Products. Prysm warrants, that the Software directly hardware Products meet Xxxxx’s published specifications and will be free from TIBCO, then TIBCO warrants that defects in workmanship or material for a period of thirty (30) days from the Purchase Date: Warranty Period. The “Warranty Period” shall be (i) in the media on which the Software is furnished will be free case of LPDs, one (1) year from Customer acceptance; provided that, if Customer acceptance does not occur within three (3) months of physical delivery to Customer’s designated site and Customer has not identified any material defects in materials and workmanship under normal use; the delivered Product, the Warranty Period shall commence three months after delivery, and (ii) in the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability case of TIBCO and its licensors under this limited warranty will beother hardware Products manufactured by Prysm, at TIBCO's option, repair, replacement, or refund one (1) year from physical delivery of the Software Product to Customer’s designated location. Should any defect in workmanship or material appear within the relevant Warranty Period, Prysm will (during the Warranty Period, and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) proper substantiation has been altered or modifiedprovided to Prysm that the goods have been stored, except by TIBCO, (c) has not been installed, operatedmaintained, repaired, or maintained and operated in accordance with instructions supplied Prysm’s recommended practice and the standard industry practice, and that the defect(s) are not the result of an unauthorized repair, modification, or improper connection by TIBCOmechanical, (d) has been subjected to abnormal physical or electrical stressmeans to any other piece of equipment or device) correct such defect(s) by suitable repair or replacement at the factory, misuseat the place of business of the Customer or at the location of the hardware Product under warranty, negligenceat Prysm’s option. All returns to Prysm’s factory must be authorized in advance of shipment in writing, and shipped prepaid. Prysm assumes no risk of loss, or accidentliability for damage during shipment prior to acceptance of delivery at Prysm’s factory, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO nor will Prysm be responsible for any Maintenance duties or Services provided taxes associated for the delivery to Xxxxx’s factory. Outgoing freight charges for repaired or replacement Products will not be paid by TIBCO related Prysm if the incoming inspection fails to disclose a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basiswarranted defect. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareIT IS AGREED BETWEEN PRYSM AND CUSTOMER AND/OR PRYSM AND THE END CUSTOMER THAT THE FOREGOING LIMITED WARRANTY SHALL BE CUSTOMER’S EXCLUSIVE REMEDY. EXCEPT AS SPECIFIED THE SOLE PURPOSE OF THE EXCLUSIVE REMEDY SHALL BE TO PROVIDE CUSTOMER WITH REPAIR AND REPLACEMENT OF DEFECTIVE PRODUCT IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE MANNER PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSHEREIN, AND WARRANTIES INCLUDINGSHALL NOT BE DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE AS LONG AS PRYSM IS WILLING TO REPAIR, WITHOUT LIMITATION, OR REPLACE DEFECTIVE PRODUCT IN THE DESCRIBED MANNER. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY OR OTHER WARRANTY OF QUALITY OR ARISING FROM A COURSE PERFORMANCE, WHETHER EXPRESSED OR IMPLIED. CORRECTION OF DEALINGNONCONFORMITIES, USAGEIN THE MANNER AND TIME PERIOD PROVIDED ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF PRYSM TO CUSTOMER WITH RESPECT TO, OR TRADE PRACTICEARISING OUT OF THE FAILURE OR MALFUNCTION OF THE PRODUCT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONSPRIOR TO, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTEDUSE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSOTHERWISE. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained All returns that are replaced shall become the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orproperty of Prysm and shall, at its optionPrysm’s request, to settle, any claim or action brought against be returned by Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (Prysm at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasePrysm’s cost.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Company warrants that for a period of thirty (30) days 12 months from the Purchase Date: date of substantial completion (i“Warranty Period”) the media on which the Software is furnished will be free of commercial equipment manufactured and installed by Company against failure due to defects in materials material and workmanship under normal use; manufacture and that the labor/labour furnished is warranted to have been properly performed (ii) the Software will substantially conform to its Documentation"Limited Warranty"). This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) Trane equipment sold on an uninstalled basis is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained warranted in accordance with instructions Company’s standard warranty for supplied equipment. Product manufactured by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) Company that includes required startup and is used sold in violation of any other term of this End User License AgreementNorth America will not be warranted by Company unless Company performs the product start-up. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach Substantial completion shall be the earlier of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisdate that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If Customer obtained such defect is discovered within the Software from a TIBCO reseller Warranty Period, Company will correct the defect or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to settlethis Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, any claim erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or action brought against Customer cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the extent it is based on a claim lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that the unmodified Software infringes any patent issued are not manufactured by Company (“Third-Party Product(s)” are not warranted by Company and have such warranties as may be extended by the United Statesrespective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CanadaCLAIMS, AustraliaSTATEMENTS, JapanREPRESENTATIONS, or any member of the European UnionOR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, or any copyrightNOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damagesCLAIMS, costs and fees reasonably incurred STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY .OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (including reasonable attorneys' feesINCLUDING COVID-19 OR ANY SIMILAR VIRUS) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim(COLLECTIVELY, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO“CONTAMINANTS”), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to CustomerWHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a fiveANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rightsPARTY PRODUCT, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Company warrants that for a period of thirty (30) days 12 months from the Purchase Date: date of substantial completion (i“Warranty Period”) the media on which the Software is furnished will be free of commercial equipment manufactured and installed by Company against failure due to defects in materials material and workmanship under normal use; manufacture and that the labor/labour furnished is warranted to have been properly performed (ii) the Software will substantially conform to its Documentation"Limited Warranty"). This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) Trane equipment sold on an uninstalled basis is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained warranted in accordance with instructions Company’s standard warranty for supplied equipment. Product manufactured by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) Company that includes required startup and is used sold in violation of any other term of this End User License AgreementNorth America will not be warranted by Company unless Company performs the product start-up. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach Substantial completion shall be the earlier of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisdate that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If Customer obtained such defect is discovered within the Software from a TIBCO reseller Warranty Period, Company will correct the defect or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to settlethis Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, any claim erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or action brought against Customer cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the extent it is based on a claim lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that the unmodified Software infringes any patent issued are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the United Statesrespective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, CanadaWHETHER IN CONTRACT OR IN NEGLIGENCE, AustraliaEXPRESS OR IMPLIED, JapanIN LAW OR IN FACT, or any member of the European UnionINCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, or any copyrightOR ANY COMPONENT THEREOF, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damagesOF MOLD/MOULD, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claimFUNGUS, TIBCO has the exclusive right to control such defense and/or settlementBACTERIA, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereofMICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseCOMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS.

Limited Warranty. If Customer obtained Seller will transfer to Buyer any Product warranties and indemnities authorized by the Software directly from TIBCOmanufacturer, then TIBCO including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Products purchased hereunder will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable manufacturer’s specifications for such products and that any value-added work performed by Seller on such Products will conform to applicable Buyer’s specifications. This If Seller breaches this warranty, Xxxxx’s remedy is limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, (at TIBCO's option, repair, replacement, or Seller’s election) (1) refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which Buyer’s purchase price for such Production (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feewithout interest), (b2) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentrepair of such Products, or (e3) is used in violation replacement of any other term such Products; provided that such Products must be returned to Seller, along with acceptable evidence of this End User License Agreementpurchase, within 20 days from date of delivery, transportation charges prepaid. Customer agrees No warranty will apply if the Product has been subject to pay TIBCO for any Maintenance misuse, static discharge, neglect, accident or Services provided by TIBCO related to a breach of the foregoing on a timemodification, materials, travel, lodging and other reasonable expenses basisor has been soldered. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Fluidigm warrants to and only to Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty thirteen (3013) days months from the Purchase Date: date of shipping (i“Fluidigm Instrument Warranty Period”) that the media on which software and instruments are free from defects in material and workmanship, and conform to Fluidigm’s published specifications at the Software is furnished time of purchase in all material respects. Service will be free of defects in materials provided pursuant to Fluidigm’s standard service terms. Fluidigm’s sole and workmanship under normal use; exclusive liability (and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy remedy) under the foregoing warranty shall be for Fluidigm to repair or replace software and the entire liability of TIBCO and its licensors under this limited warranty instruments, as solely determined by Fluidigm. Nonconforming instruments will bebe serviced at Customer's facility or, at TIBCO's Fluidigm’s option, repairFluidigm’s facility. If service is performed at Fluidigm’s facility, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofFluidigm will bear shipping costs. This warranty does not apply to any Software Fluidigm Product to which any of the following apply, i.e., the warranty for any such Fluidigm Product unit shall be void: i) failure to provide a suitable storage, use, or operating environment; ii) use of non-recommended reagents; iii) use of the Fluidigm Products for a purpose or in a manner other than that for which they were designed; iv) modifications or repairs done by Customer; v) Customer’s failure to install software updates, engineering changes or enhancements to the Fluidigm Products when recommended by Fluidigm; vi) service or maintenance by a person other than Fluidigm or its agents; vii) use of the Fluidigm Product outside the country of sale; viii) consumable Fluidigm Products or ix) any other abuse, accident, misuse, or neglect of the Fluidigm Products, including without limitation the use of the Fluidigm Product with any item other than Fluidigm Products (except as may be set forth in the extant applicable Fluidigm protocol for use of a Fluidigm Product, with associated standard laboratory tools and equipment ancillary to use of such Fluidigm Product). For example, use of a Fluidigm reader with non-Fluidigm IFCs voids the warranty for that reader, unless specifically authorized in writing by Fluidigm. This warranty applies only to Customer and not third parties. Customer acknowledges that failure to comply with any restriction of use set forth herein will (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive constitute a license feebreach of these Terms and Conditions, (b) has been altered or modifiedinvalidate any warranty provided herein and any applicable service agreement, except by TIBCO, and (c) has not been installedmay constitute a violation or infringement of Fluidigm’s and/or a third party’s intellectual property rights. TO THE EXTENT PERMITTED BY APPLICABLE LAW, operatedFLUIDIGM, repairedITS SUPPLIERS AND ITS REPRESENTATIVES DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWITH RESPECT TO FLUIDIGM PRODUCTS AND SERVICES, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained Licensor warrants that it has clear title to the Software directly from TIBCO, then TIBCO Software. Licensor further warrants that for a period of thirty twelve (3012) days from months after installation, the Purchase Date: (i) the media on which the Software is furnished will be free of defects Software, if used by Customer in materials accordance with applicable documentation and workmanship under normal use; and (ii) the Software not modified by Customer in any way, will substantially conform to its Documentation. This limited warranty extends only to perform the original Customer hereunderfunctions outlined in the user documentation. Customer's sole remedy under the preceding limited warranty is that Licensor will undertake to correct within a reasonable period of time any reported “Software Error” (failure of the Software to perform substantially the functions described in the documentation), correct errors in the documentation, and exclusive remedy and the entire liability of TIBCO and its licensors replace any magnetic media which proves defective in materials or workmanship on an exchange basis without charge. In order to make a claim under this limited warranty, Customer must return the defective item to the Licensor, postage prepaid, within ten (10) days following the expiration of the limited warranty will beperiod. If Licensor is unable to replace the defective media or if Licensor is unable to provide corrected software or corrected documentation within a reasonable time, Licensor will, at TIBCO's its sole and exclusive option, repair, replacement, either replace the Software with a functionally equivalent program at no charge to Customer or refund the license fee of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofSoftware. This warranty does not apply to any Software which (a) The aforementioned remedy is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO the Customer's sole remedy for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timewarranty by Licensor. THE ABOVE LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, materialsEITHER EXPRESSED OR IMPLIED, travelAND LICENSOR MAKES NO OTHER WARRANTIES, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND NO WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE SOFTWARE, NONINFRINGEMENTNOR ANY WARRANTIES WITH REGARD TO VALUE ADDED ENHANCEMENTS, SATISFACTORY QUALITY INTEGRATIONS OR ARISING FROM A COURSE OF DEALING, USAGEMODIFICATIONS ADDED TO OR COUPLED WITH THE PRODUCT BY OTHERS, OR TRADE PRACTICEWITH REGARD TO OTHER SERVICES OR TECHNICAL SUPPORT TO BE PROVIDED BY OTHERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE LIMITED WARRANTIES OR CREATE ANY NEW WARRANTIES. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED PROHIBITED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED , ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING NINETY (90) DAYS FROM THE RESULTS DATE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT DELIVERY OF THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained Panasas warrants that the Software directly from TIBCO, then TIBCO warrants that will substantially comply with Panasas's written descriptions of the functionality of such Software for a period of thirty ninety (3090) days from the Purchase Date: (i) the media on which date Customer receives it and provided Customer installs the Software and accepts the associated XXXX terms, provided that Panasas is furnished will be free notified in writing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunderany material non-conformity within such 90-day period. Customer's sole and exclusive remedy and for any breach of this warranty is for Panasas to undertake reasonable efforts to correct any material non-conformity, to provide replacement Software that has the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacementdescribed functionality, or refund to permit return of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofthe associated Panasas Product(s) so that Customer may obtain a refund. This warranty Panasas does not apply to any warrant that the Software which (a) is licensed for beta, evaluation, testing will meet Customer’s requirements or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach that the operation of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisSoftware will be uninterrupted or error-free. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED PANASAS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES IN THIS LIMITED WARRANTY, RELATION TO THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND INCLUDING WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the limitation or exclusion of warranties, SATISFACTORY QUALITY so the above limitation or exclusion may not apply. Customer’s Obligations. Customer shall provide to Panasas access to the Software, Hardware and Customer equipment and employees, and shall otherwise cooperate with Panasas as reasonably necessary for Panasas to verify compliance with and enforce this Agreement and for Panasas perform any warranty obligations it may have. Customer shall maintain e-mail and HTTP, SMTP and FTP access as specified by Panasas for remote access to the Software by Panasas to verify compliance with and enforce this Agreement and for Panasas perform any warranty obligations it may have. LIMITATION OF LIABILITY. PANASAS'S LIABILITY ARISING OUT OF THIS AGREEMENT OR ARISING FROM A COURSE SALE OF DEALINGTHE PANASAS PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PANASAS PRODUCTS. IN NO EVENT SHALL PANASAS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, USAGECONSEQUENTIAL, INCIDENTAL, PUNITIVE, UNFORESEEABLE OR INDIRECT DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS OR REVENUE, LOSS OR INACCURACY OF INFORMATION OR DATA, COST OF RECOVERING SOFTWARE OR DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TRADE PRACTICETECHNOLOGY, ARE HEREBY EXCLUDED TO LOST EMPLOYEE TIME, OR LOST OPERATIONAL SAVINGS OR COSTS), HOWEVER CAUSED OR ARISING, ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION ANY ACTIONS OR CLAIMS ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE), AND WHETHER OR NOT PANASAS HAS BEEN ADVISED OF OR AWARE OF THE EXTENT ALLOWED BY APPLICABLE LAWPOSSIBILITY OF SUCH DAMAGES OR LOSSES. CERTAIN THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PANASAS EXPRESSLY DISCLAIMS, AND CUSTOMER AGREES, THAT PANASAS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERPRODUCT OR SERVICE. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREThe limitations of liability set forth in this Agreement reflect a deliberate and bargained for allocation of risks between Customer and Panasas and constitute the basis of the Parties' bargain, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTYwithout which Customer and Panasas would not have agreed to the terms and conditions of this Agreement. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO Panasas will indemnify and hold Customer harmless from and against or settle any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software covered by these license terms infringe any U.S. copyright or (b) replace or modify the Software with functionally equivalent softwareU.S. registered trademark. If such settlement a claim appears likely, Panasas may modify the Software, procure any necessary license, replace it, or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel terminate this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees amounts paid to TIBCO Panasas by Customer based for the Panasas Product(s) the use of which is impaired or enjoined, limited to actual money paid to Panasas by Customer for such Panasas Product(s), depreciated over a three- (3-) year period beginning on the date such amounts are paid, using a five-year straight-line depreciationmethod. This Section states the entire liability of TIBCO with respect Panasas’s obligation to the infringement of any intellectual property rightsindemnify, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply hold harmless and/or settle a claim pursuant to the extent any infringement could have been avoided by use of the then-current release.this section is subject to Customer

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Miovision warrants that for a period of thirty three years from delivery of the Hardware to the Customer (30) days from the Purchase Date: (i) “Limited Warranty Period”), the media on which the Software is furnished will Hardware shall be free of from problems due to workmanship or component defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only pursuant to the original Customer hereunderfollowing terms and conditions, and function substantially in accordance with the Documentation, if any. Customer's sole and exclusive remedy and At any time within the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund first 3 years from delivery of the Software Hardware to the Customer, the Customer may purchase an extension to the Limited Warranty Period, the purchase and applicable Maintenance fees, cost of which shall be provided in which event this End User License Agreement shall terminate upon refund thereofthe Sales Order Agreement. This warranty does not apply include, and Miovision shall have no liability whatsoever under this warranty section with respect to any Software which cosmetic damage, or damage resulting from (ai) is licensed Customer failure to follow Miovision’s instructions for beta, evaluation, testing installation or demonstration purposes for which TIBCO does not receive a license feeuse of the Hardware, (bii) has been altered alteration, modification or modified, except by TIBCOmisuse of the Hardware in any way, (ciii) has the combination, operation or use of the Hardware with any materials, parts, equipment or devices not been installedmanufactured or approved by Miovision, operated, repaired(iv) attempted repair by anyone other than Miovision or an Agent or other facility authorized by Miovision to service the Hardware, or maintained in accordance with instructions supplied by TIBCO(v) accident, (d) has been subjected to abnormal physical or electrical stress, misuseabuse, negligence, or accidentthe connection to an improper voltage supply, or (e) is used in violation acts of any other term of this End User License AgreementGod,. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisREPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CUSTOMER. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL MIOVISION SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONWARRANTY ON THE HARDWARE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED PURPOSE ON THE HARDWARE IS LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAWDURATION OF THE LIMITED WARRANTY PERIOD. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; Miovision’s sole and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event liability arising out of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion sale of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice Hardware to Customer, and Customer’s sole and exclusive remedy is expressly limited, at Miovision’s option, to either (i) refund to the Purchase Price paid by Customer for the unamortized portion Hardware (without interest), or (ii) repair and/or replacement of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationHardware. This Section states Some jurisdictions do not allow the entire liability exclusion or limitation of TIBCO with respect to certain damages, so the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities above limitations or obligations of TIBCO with respect thereto. The foregoing indemnity shall exclusions may not apply to the extent any infringement could have been avoided by use of the then-current releaseCustomer.

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder and is in compliance with its obligations under the Software directly from TIBCOLease Agreement, then TIBCO Lessor warrants throughout the Term that for a period it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationEquipment. This limited warranty extends only Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alterations, repairs, or modification to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beEquipment performed by Lessee, at TIBCO's option, repair, replacement, or refund use of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except damage to Equipment caused by TIBCOLessee, (c) has not been installedmisuse of the Equipment, operatedexcessive wear and tear, repaired, or maintained in accordance with instructions supplied failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty preceding causes shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect result in additional charges to such SoftwareLessee. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWRITTEN OR ORAL, RELATED TO THE EQUIPMENT OR ANY MATTERS CONTAINED IN THE LEASE AGREEMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTUSE OR OPERATION, SATISFACTORY OR ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR ARISING FROM A COURSE MATERIALS OR WORKMANSHIP, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF DEALINGTHE FOREGOING, USAGETHERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR TRADE PRACTICEOTHER PROVISIONS, ARE HEREBY EXCLUDED EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH XXXXXX AND XXXXXX.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Xxxxxxx Systems warrants that for a period of sixty (60) days from the date the Software was delivered to Licensee, the Software, if operated as directed, will substantially achieve the functionality described in the Related Materials provided by Xxxxxxx Systems. Xxxxxxx Systems does not warrant, however, that Licensee’s use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by Xxxxxxx Systems in the Software have inherent limitations, and Licensee must determine that the Software sufficiently meets Licensee’s requirements. Xxxxxxx Systems also warrants that the media containing the Software is free from defects in material and workmanship and will remain so for sixty (60) days from the date the Software was delivered to Licensee. This sixty (60) day period shall collectively be referred to herein as the “Warranty Period”. Xxxxxxx Systems’ sole liability for any breach of this warranty shall be, in Xxxxxxx Systems’ sole discretion: (i) to replace any defective media; or (ii) to advise Licensee how to achieve substantially the same functionality with the Software as described in the Related Materials through a procedure different from that set forth therein; or (iii) if the above remedies are impracticable, to refund the license fee Licensee paid for the Software. Repaired, corrected, or replaced Software and Related Materials shall be covered by this limited warranty for the time remaining under the Warranty Period that covered the original Software, or if longer, for thirty (30) days from after the Purchase Date: date (i) of delivery to Licensee or Licensee’s organization of the repaired or replaced Software, or (ii) Xxxxxxx Systems advised Licensee how to operate the Software so as to achieve the functionality described in the Related Materials. Only if Licensee informs Xxxxxxx Systems in writing of Licensee’s problem with the Software during the applicable Warranty Period, and provides written evidence of the date Licensee entered into this License Agreement through the purchase of the media containing the Software and the Related Materials, will Xxxxxxx Systems be obligated to honor this warranty. Xxxxxxx Systems will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE SOLE WARRANTY MADE BY Xxxxxxx Systems. This warranty shall immediately terminate (i) if any modifications are made to the Software by Licensee; (ii) if the media is subjected to accident, abuse, or improper use; or (iii) if Licensee violates the terms of this License Agreement. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software is furnished will was designed to be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) described in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRelated Materials.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Driver Software: Scion Instruments warrants that for a period of thirty one (301) days Year from the Purchase Date: (i) date of purchase that the Driver Software will execute its programming instructions when properly installed on a standalone workstation, network server or network client computer that conforms to the minimum required hardware specifications and approved operating systems. Scion Instruments does not warrant that the operation of the Driver Software will be uninterrupted or error free. In the event that the Driver Software fails to execute its programming instructions during the warranty period, your remedy shall be to return the media on to Scion Instruments for replacement. Should Scion Instruments be unable to replace the media within a reasonable amount of time, your alternate remedy shall be a refund of the purchase price upon return of the Driver Software and all copies. Media: Scion Instruments warrants the media upon which the driver Software is furnished will recorded to be free of from defects in materials and workmanship under normal use; and use for a period of one (ii1) Year from the Software will substantially conform day of purchase. In the event any media prove to its Documentationbe defective during the warranty period, your remedy shall be to return the media to Scion Instruments for replacement. This limited warranty extends only Should Scion Instruments be unable to replace the original Customer hereunder. Customer's sole and exclusive media within a reasonable amount of time, your alternate remedy and shall be a refund of the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund purchase price upon return of the Software and applicable Maintenance feesall copies. Notice of warranty claims: You must notify Scion Instruments, in which event this End User License Agreement shall terminate upon refund thereofwriting, of any warranty claim not later than the expiration of the warranty period. LIMITATIONS OF WARRANTY: SCION INSTRUMENTS MAKES NO OTHER EXPRESS WARRANTY, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE DRIVER SOFTWARE. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS LIMITED TO THE ONE (1) YEAR DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property gives specific legal rights, and Customer hereby expressly waives any you may also have other liabilities or obligations of TIBCO with respect theretorights, which vary from state to state. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseEXCLUSIVE REMEDIES: THE REMEDIES PROVIDED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL SCION INSTRUMENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limited Warranty. If Customer obtained Seller will transfer to Buyer any Product warranties and indemnities authorized by the Software directly from TIBCOmanufacturer, then TIBCO including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Products purchased hereunder will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. This If Seller breaches this warranty, Xxxxx’s remedy is limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, (at TIBCO's option, repair, replacement, or Seller’s election) (1) refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which Buyer’s purchase price for such Production (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feewithout interest), (b2) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentrepair of such Products, or (e3) is used in violation replacement of any other term such Products; provided that such Products must be returned to Seller, along with acceptable evidence of this End User License Agreementpurchase, within 12 months from date of delivery, transportation charges prepaid. Customer agrees No warranty will apply if the Product has been subject to pay TIBCO for any Maintenance misuse, static discharge, neglect, accident or Services provided by TIBCO related to a breach of the foregoing on a timemodification, materials, travel, lodging and other reasonable expenses basisor has been soldered. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Customer obtained All products sold by LUX LES Dom-Dekor is sold as new and comes with LUX LES Dom-Dekor limited standard warranty unless stated otherwise. Subject to the Software directly from TIBCOconditions, then TIBCO exclusions and limitations that follow, LUX LES Dom-Dekor warrants that its products are free from defects in materials and workmanship. LUX LES Dom-Dekor provides a five (5) year warranty from the date of delivery for wood panels and wood furniture and a period of thirty (30) days day warranty from the Purchase Date: (i) date of delivery for clocks. To the media on which the Software is furnished extent permitted by local law, LUX LES Dom-Dekor guarantees that at its discretion, it will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacementreplace, or refund any product that manifests a defect in materials or workmanship during the limited warranty period. The limited panel warranty covers any defects workmanship of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofpanels. This The limited hardware warranty does NOT cover problems resulting directly or indirectly from: • Buyers’ failure to follow product instructions. • Buyers’ failure to perform preventive maintenance. • Accidents, abuse, liquid spills, misuse or problems with electrical power. • Acts of God, including but not apply limited to any Software which (a) is licensed for betanatural disasters, evaluationfires, testing earthquakes, and storms. • Normal wear and tear. • Products with missing or demonstration purposes altered service tags or serial numbers. • Products for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) LUX LES Dom-Dekor has not been installedreceived payment. Except for the express warranties contained in these Terms and Conditions and to the extent not prohibited by law, operatedLUX LES Dom-Dekor DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSSTATUTORY OR OTHERWISE, AND INCLUDING BUT NOT LIMITED TO (1) WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND (3) WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. LUX LES Dom-Dekor IS NOT LIABLE BEYOND ANY REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS AND DOES NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, NONINFRINGEMENTFOR THIRD-PARTY CLAIMS AGAINST THE BUYER FOR DAMAGES. No warranties or conditions, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGwhether express or implied, USAGEwill apply after the warranty period has expired. Some states, OR TRADE PRACTICEprovinces, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREjurisdictions or countries do not allow limitations on how long an implied warranty or condition lasts, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO so this limitation may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseyou.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company (“Third-Party Products(s)”) are not warranted by Company and have such warranties as may be extended by the foregoing on a timerespective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, materialsCLAIMS, travelSTATEMENTS, lodging and other reasonable expenses basisREPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENTREGARDING PREVENTING, SATISFACTORY QUALITY ELIMINATING, REDUCING OR ARISING FROM A COURSE OF DEALINGINHIBITING ANY MOLD, USAGEFUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR TRADE PRACTICEANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF EQUIPMENT, ANY SOFTWARECOMPONENT THEREOF, MAINTENANCE OR SERVICES OR THAT OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE SOFTWARE WILL OPERATE WITHOUT ERRORSPREVENTION, PROBLEMS ELIMINATION, REDUCTION OR INTERRUPTIONSINHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR THAT ERRORS ANY COMPONENT THEREOF, SERVICES OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

Limited Warranty. This limited warranty extends to and covers only the Customer, as the purchaser of the Product, Software and Service; the Customer represents and warrants to Electro that the Customer is subject to and bound by the limited warranty and disclaimer of warranty contained within Section 8.0: PRODUCT LIMITED WARRANTY Electro warrants that commencing from the Product’s date of delivery and continuing immediately following thereafter for a period of four (4) consecutive years, that the Product will be free from defects in material and workmanship, and except for the foregoing, the Product is sold AS IS with all faults. This warranty does not apply to defects resulting from unauthorized modification, misuse, or use of the Product for any use other than electrical power monitoring, which is the intended and normal use of the Product. The Customer’s sole and exclusive remedy and the entire liability of Electro under this limited warranty will be, at Electro's option, as follows: (i) the Product’s repair; or (ii) shipment of a replacement Product within the above stated warranty period. To exercise this limited warranty, the Customer must give notice (See Section 16.8) to Electro’s customer-support department and give additional notice to Electro’s customer-support department by facsimile or by telephone for Electro’s instructions for the Product’s return or repair. If the Product is repaired, Electro will ship the repaired Product to the Customer. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY ELECTRO IN CONNECTION WITH THE PRODUCT, AND ELECTRO DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. The Customer obtained must notify Electro promptly, but in no event more than four (4) year after the Product’s date of delivery of any claimed breach of this warranty, or such claim shall be time barred. PRODUCT LIMITED WARRANTY RESTRICTIONS THE LIMITED WARRANTY CONTAINED WITHIN SECTION 8.0 WILL NOT BE GIVEN OR APPLY, AND NO EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS SHALL BE DEEMED APPLICABLE, GIVEN OR PROVIDED BY ELECTRO WITH RESPECT TO OR CONCERNING THE PRODUCT, IF: (a) the Product has been altered, except by Electro or Electro’s authorized representative; (b) the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Electro; (c) the Product has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (d) the Product is used in ultrahazardous activities; or (e) the Customer failed to pay Electro the Product’s purchase price pursuant to Section 3.0 and Section 6.0 of these Terms of Sale. SERVICE LIMITED WARRANTY Electro warrants that Service provided hereunder shall be performed in a workmanlike manner consistent with industry standards. The Customer must notify Electro promptly by written notice (see Section 16.8), but in no event more than one (1) year after completion of the Service of any claimed breach of this warranty, or such claim shall be time barred. The Customer’s sole and exclusive remedy for breach of any of these foregoing service warranty shall be, at Electro’s option, re-performance of the Service, or termination of the applicable Service and the return of the Service fees/amounts paid to Electro by Customer for such non-conforming Service. The provision of Service subject to Terms of Sale shall not extend the warranties provided with any Product purchased or Software directly from TIBCOlicensed by Customer. THE FOREGOING SERVICE WARRANTIES ARE THE SOLE WARRANTIES, then TIBCO EXPRESS OR IMPLIED, GIVEN BY ELECTRO IN CONNECTION WITH THE SERVICE, AND ELECTO DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES CONCERNING THE SERVICE. SERVICE LIMITED WARRANTY RESTRICTIONS THE LIMITED WARRANTY CONTAINED WITHIN SECTION 8.0 WILL NOT BE GIVEN OR APPLY, AND NO WARRANTY SHALL BE DEEMED APPLICABLE, GIVEN OR PROVIDED BY ELECTRO WITH RESPECT TO OR CONCERNING THE SERVICE, IF THE CUSTOMER FAILED TO PAY ELECTRO THE SERVICE’S PURCHASE PRICE PURSUANT TO SECTION 3.0 AND SECTION 6.0 OF THESE TERMS OF SALE. SOFTWARE LIMITED WARRANTY Electro warrants that for a period of thirty one (301) days year immediately after and from the Purchase Datedate of Software’s delivery from Electro: (i) the media media, if any, on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.and

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO All sales are final. Seller warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on Goods manufactured by Seller and supplied hereunder and which the Software is furnished not subject to Specifications will be free of from defects in materials and workmanship under normal use; conditions of use and (ii) service for a period of 24 months from the Software 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 Goods manufactured by Seller and supplied hereunder and which are subject to Specifications will substantially conform to its Documentation. This limited warranty extends the Specifications at the time of shipment, but only to the original Customer hereunderextent Buyer has provided the Specifications to Seller prior to shipment and Seller has accepted such Specifications in writing. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES EXTENDED BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSARISING BY OPERATION OF LAW, AND WARRANTIES COURSE OF DEALING, OR CUSTOM OR TRADE, INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS OR DRAWINGS, SATISFACTORY QUALITY AND WHETHER OR ARISING FROM A COURSE NOT THE GOODS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED FOR BUYER’S USE OR PURPOSE. THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF DEALINGSELLER 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, USAGEAND 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 TRADE PRACTICEGUARANTEE 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 HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "FURNISHED “AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING ” AND “WITH ALL FAULTS.” THE RESULTS SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY SOFTWAREWARRANTY HEREUNDER SHALL BE LIMITED, MAINTENANCE AT SELLER’S ELECTION, TO REPAIR OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS REPLACEMENT (IN THE SOFTWARE WILL BE CORRECTED, FORM ORIGINALLY SHIPPED) OF THE GOODS OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE REPAYMENT OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.CREDIT OF THE

Limited Warranty. If Customer obtained NTI warrants that, at the time of delivery to ---------------- Cadence, the unmodified NTI Product Components (including any and all Updates), and the Developed Software directly from TIBCO(excluding any Cadence Developed Software) (collectively defined for the purposes of this Article 10 as the "NTI Warranted Software") and delivered to Cadence will be complete and functioning and that, then TIBCO warrants that for a period of thirty six (306) months from the date of delivery or ninety (90) days from the Purchase Date: date of the first commercial shipment by Cadence of such NTI Warranted Software (iwhichever is shorter) (the media on which "Warranty Period"), the NTI Warranted Software is furnished delivered to Cadence will be free of defects in materials and workmanship have no Critical Errors under normal use; . NTI's entire liability and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. CustomerCadence's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCONTI's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use reasonable commercial efforts to attempt to correct any Critical Errors or to replace the Software or (b) replace or modify the NTI Warranted Software with functionally equivalent software. If such settlement or modification NTI is not commercially reasonable (unable to correct any Critical Error in the reasonable opinion NTI Warranted Software and delivered to Cadence within sixty (60) days after such Critical Error is reported to NTI by Cadence, then (a) in the case of TIBCO)a Critical Error in the initial version of the NTI Warranted Software delivered to Cadence under this Agreement, TIBCO may cancel Cadence will have the right to terminate this End User License Agreement upon sixty days prior by written notice to CustomerNTI and NTI will pay to Cadence an amount equal to the sum of License Fee and Service Fee payments made by Cadence prior to such termination, or (b) in the case of a Critical Error in an Update to the NTI Product Components delivered to Cadence under this Agreement, Cadence will have the right to terminate Section 8 of this Agreement and NTI will pay to Cadence an amount equal to Service Fee payments made by Cadence since the last Update delivered but at least the most recent payment, in each case provided that Cadence reports such Critical Error to NTI within the applicable Warranty Period. If a Critical Error is caused by the portions of the Cadence Developed Code, Cadence will provide NTI with engineering resources as necessary to correct the Critical Error, and refund (a) NTI will not be responsible for any failure to Customer correct the unamortized portion of the license fees paid Critical Error within sixty (60) days if Cadence fails to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement provide such engineering resources and (b) shall be relieved of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply under this Section 10.1 to the extent any infringement could have been avoided failure to fulfill the obligation is caused directly and primarily by use of the then-current releasesuch Critical Error.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO LOYALITY warrants that for a period of thirty (30) days from it shall provide the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors services under this limited warranty will beAGREEMENT in a commercially reasonable manner, at TIBCO's option, repair, replacement, or refund of consistent with industry standards. In the Software and applicable Maintenance fees, in which event an issue arises under this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty AGREEMENT with respect to the services provided hereunder, LOYALITY shall use commercially reasonable efforts to correct any issue under its control. The limit of LOYALITY’s liability hereunder shall be LOYALITY’s cost to correct any issue or the return of fees associated with the particular project or issue, but in no event such Softwareamount shall not exceed the fees paid to LOYALITY for the period of ninety (90) days prior to the incident giving rise to the issue under this warranty. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYClient agrees that the limit of LOYALITY’s liability under this AGREEMENT shall be regardless of the nature of the claim, THE SOFTWAREdemand, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"or cause of action, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settleincluding but not limited to, any claim claims of contractual liability, liability for misrepresentations or action brought against Customer to the extent it is inducements of any kind, any product liability (whether based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, negligence or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalstrict liability). In the event of any such claima breach of this warranty which remains uncured for a period of twenty (20) business days, litigation or threat thereofin additional to the remedy set forth above, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO Client may cancel terminate this End User License Agreement upon sixty days prior AGREEMENT by providing written notice to CustomerLOYALITY. IN NO EVENT SHALL LOYALITY BE LIABLE FOR ANY LOST PROFITS, OR ANY PUNATIVE, SPECIAL, CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF LOYALITY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. LOYALITY shall not be obligated to assume the defense of, or satisfy, any claim that might be made against Client by any other party. In addition, Client specifically undertakes to defend, indemnify, and refund to Customer the unamortized portion of the license fees paid to TIBCO hold LOYALITY harmless for any loss, claim, or damage, including all such claims by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by third parties resulting from Client use of third-party software, unless it was caused solely by the then-current releasenegligence or willful act of LOYALITY.

Limited Warranty. If Customer obtained Licensor warrants to Licensee that during the Software directly from TIBCO, then TIBCO warrants that for a period of thirty first sixty (3060) days from after the Purchase Date: Delivery Date (ithe "Warranty Period") the media Licensed Products will conform to Licensor's published specifications in effect on which the Software is furnished will be free of defects in materials Delivery Date, and workmanship under normal use; and (ii) that the Licensed Software will perform substantially conform to its as described in the accompanying Licensed Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty Licensor does not apply to any Software which warrant (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, that the Licensed Software will meet Licensee's requirements; (b) has been altered or modified, except by TIBCO, that operation of the Licensed Software will be uninterrupted; (c) has not been installedthat the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the Licensed Software made by Licensee; provided, operatedhowever, repaired, any change or maintained modification properly made by Licensee in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used contained in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO the Licensed Documentation for any Maintenance or Services the Licensed Software shall not void the warranty provided by TIBCO related Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basislimited extent. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty This Agreement shall be as provided by read and construed subject to any such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarestatutory provisions. EXCEPT AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTYAGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE SOFTWARE, MAINTENANCE LICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION AND SERVICES ARE PROVIDED "AS IS", LICENSOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONSOTHER WARRANTIES, REPRESENTATIONS, INDEMNITIES AND WARRANTIES GUARANTEES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, SUITABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE). No warranties as may be set forth herein shall be applicable to any Licensed Products offered as a demo or trial use free of charge, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED which shall be accepted by Licensee on an "AS AS-IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release" basis.

Limited Warranty. If Customer obtained Subject to all of the Software directly from TIBCOterms and conditions set forth below, then TIBCO warrants that for a period of thirty (30) days from Interkal provides the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This following limited warranty extends only (“Limited Warranty”) to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund end user of the Software Interkal Products (“Owner”). The Limited Warranty period begins on the Owner’s sign off date (set forth below) and continues for the applicable Maintenance feestime period described below. SUBSTANTIAL COMPLETION DATE: Facility Name: TGS #: End user/Owner: In the event a defect in the material or workmanship (or component part thereof) causes failure of the Interkal Product within the applicable time period, and provided written notice of the defect is given to Interkal at the address set forth below prior to the expiration of the applicable time period, Interkal, in which event this End User License Agreement shall terminate upon refund its sole discretion, will either repair or replace the defective product (or defective component part thereof) with a comparable product (or component part thereof). This warranty does not apply Interkal has no responsibility to match the color, grain, fabric or texture of any Software which (a) is licensed for beta, evaluation, testing repaired or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modifiedreplaced product, except to within commercially reasonable standards, as determined by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License AgreementInterkal. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timeThe Limited Warranty includes labor, materials, traveland freight for the first five years of the warranty time period and materials and freight only thereafter (structural components). All other costs are excluded. The fulfillment of the Limited Warranty (including investigation, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributortiming of response, the terms of any warranty shall be as provided by such reseller or distributorlabor, and TIBCO provides Customer no warranty with respect to such Softwareshipment) is under the exclusive control and discretion of Interkal. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWARRANTY AND THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND ARE IN LIEU OF ANY AND ALL OTHER REMEDIES, THE SOFTWAREWARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"OR REPRESENTATIONS OTHER THAN THOSE EXPRESSLY STATED HEREIN, ALL EXPRESS WHETHER EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW). CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTime Periods.

Limited Warranty. If Customer obtained the Software directly from TIBCOWith respect to each Deliverable, then TIBCO Skyward warrants that to Licensee that, for a period of thirty (30) calendar days from after the Purchase Datedate of delivery of such Deliverable to Licensee, such Deliverable will substantially conform to any applicable functional specifications for such Deliverable that are described in the applicable Statement of Work or any Change Order thereto. If any Deliverable does not perform as expressly warranted in this section, Licensee will notify Skyward in writing and Skyward will, at its sole option and expense: (a) replace or modify such Deliverable with a Deliverable that performs as expressly warranted in this section; or (b) if Skyward determines that the foregoing is not commercially reasonable, accept return of such Deliverable (if applicable) and refund to Licensee the fees paid by Licensee associated with such Deliverable under this Agreement. The foregoing limited warranty does not cover repair or replacement of or refunds for any Deliverable if the nonconformity to such limited warranty is caused, in whole or in part, by: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal usealteration, modification or correction other than by Skyward; and (ii) software, hardware or interfacing not provided or specified in the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability applicable Statement of TIBCO and its licensors under this limited warranty will beWork by Skyward; (iii) abuse, at TIBCO's option, repair, replacement, misuse or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, improper installation; or (eiv) is used in violation of any other term of this End User License Agreement. Customer agrees a change to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of Licensee’s computing environment that would affect the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarespecific Deliverable. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will its products to be in conformance with its plans and specifications and to be free of from defects in materials and workmanship under normal use; use and (ii) service for 2 years from the Software will substantially conform to its Documentation. This limited warranty extends only to date stamp control on the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacementproduct, or refund for products not having a date stamp, for 12 months from date of original purchase unless the Software and applicable Maintenance feesinstallation instructions or catalog sets forth a different time period, in which event this End User License Agreement case such alternate time period shall terminate upon refund thereofapply. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty Seller’s obligation shall be as provided by such reseller limited to repairing or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orreplacing, at its option, to settlefree of charge for materials or labor, any claim part which is proved not in compliance with Seller’s specifications or action brought against Customer proves defective in materials or workmanship under normal use and service. Seller shall have no obligation under this Limited Warranty or otherwise, if the product is altered or improperly repaired or serviced by anyone other than Seller. For warranty service, return product transportation prepaid, to Treehaven Technologies, Inc., 00 Xxxxxxx Xxxxxx Xx., Xxxxxx, OH 43065-7760. To the extent the product is manufactured by another company and resold to buyer through seller, the seller makes no warranties, limited or otherwise on the product. The buyers remedy would be solely through the manufacturer’s warranty. The buyer should contact the manufacturer directly. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY SELLER’S OWN NEGLIGENCE OR FAULT. Seller does not represent that the product it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglary, robbery or fire without warning or protection. Buyer understands that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or fire without warning, but it is based on not insurance or a claim guarantee that such will not occur or that there will be no personal injury or property loss as a result. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON A CLAIM THE PRODUCT FAILED TO GIVE WARNING. However, if Seller is held liable, whether directly or indirectly, for any loss or damage arising under this Limited Warranty or otherwise, regardless of cause or origin. Seller’s maximum liability shall not in any case exceed the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member purchase price of the European Unionproduct, which shall be the complete and exclusive remedy against Seller. This warranty replaces any previous warranties and is the only warranty made by Seller on this product. No increase or any copyrightalteration, written or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damagesverbal, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasethis Limited Warranty is authorized.

Limited Warranty. If Customer obtained the Software directly from TIBCOExcept as specified below, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will products sold hereunder shall be free of from defects in materials and workmanship under normal use; and (ii) the Software will substantially shall conform to Valco’s published specifications or other specifications accepted in writing by Valco for one year from the date of shipment or its Documentationuseful life, whichever is less. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This The foregoing warranty does not apply to any Software products which (a) is licensed for betahave been subject to misuse, evaluationneglect, testing accident or demonstration purposes for modification or which TIBCO does not receive a license fee, (b) has have been altered or modifiedsoldered such that they are not capable of being tested under normal test conditions. Valco's sole obligation for products failing to comply with this warranty shall be, except by TIBCOat Xxxxx's discretion, (c) has not been installedto either replace the nonconforming product or issue Buyer credit for the purchase price of the nonconforming product where, operated, repaired, or maintained within the warranty period and in accordance with instructions supplied by TIBCOValcos return procedures: (1) Valco has received Buyer's request for an Return Merchandise Authorization (“RMA”) for the return of nonconforming product; (2) where Valco has issued Buyer an RMA; (3) Buyer has returned the nonconforming product to Valco in accordance with Valco 's return procedures; and (4) Valco has determined that the product is nonconforming and such nonconformity is not the result of improper installation, (d) has been subjected to abnormal physical repair or electrical stressother misuse. Disclaimer of Warranties THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND VALCO HEREBY DISCLAIMS ALL OTHER WARRANTIES, misuseEXPRESSED, negligenceIMPLIED OR OTHERWISE, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND INCLUDING WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. XXXXX DOES NOT ASSUME OR ARISING FROM A COURSE OF DEALING, USAGEAUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH ITS PRODUCTS. IN NO EVENT SHALL VALCO BE LIABLE TO BUYER, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS ANY SUBSEQUENT PURCHASER OF ANY SOFTWAREPRODUCTS FURNISHED TO BUYER, MAINTENANCE OR SERVICES OR THAT INCLUDING THE SOFTWARE WILL OPERATE WITHOUT ERRORSULTIMATE END-USER, PROBLEMS OR INTERRUPTIONSIN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR THAT ERRORS OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR BUGS CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOR, REQUALIFICATION, DELAY, LOSS OF PROFITS OR GOODWILL, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF VALCO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Xxxxx’s Exclusive Remedy THE EXCLUSIVE REMEDY OF BUYER IS THE REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR THE ISSUANCE TO BUYER OF CREDIT OR REFUND FOR THE PURCHASE PRICE OF THE NONCONFORMING GOODS, AT VALCO’S DISCRETION. IN THE SOFTWARE WILL EVENT OF BREACH OR REPUDIATION OF THE CONTRACT BY VALCO, BUYER SHALL NOT BE CORRECTEDENTITLED TO ANY CONSEQUENTIAL OR EXEMPLARY DAMAGES. IT IS THE INTENT OF THE PARTIES THAT THIS REMEDY PROVIDED HEREIN IS THE SOLE REMEDY AVAILABLE TO BUYER AND IS NOT CUMULATIVE OF THOSE PROVIDED BY COMMON LAW OR STATUTE. IN NO EVENT SHALL VALCO BE LIABLE TO BUYER, ITS AGENTS, OFFICERS, EMPLOYEES, SUBSIDIARIES OR AFFILIATES FOR MORE THAN THE PURCHASE PRICE OF THE GOODS SOLD BY VALCO TO BUYER. XXXXX UNDERSTANDS AND ACKNOWLEDGES THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSVALCO RELIED ON THIS PROVISION IN PRICING ITS GOODS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued Applicable Laws and Forum Selection All sales shall be governed and construed by the United States, Canada, Australia, Japan, or any member laws of the European UnionState of Texas in the United States of America, or any copyrightexcept that conflict of law rules shall be disregarded. Furthermore, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlementvenue for resolving any dispute between the parties shall lie in Houston, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimXxxxxx County, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTexas.

Limited Warranty. If Customer obtained Centerity makes the Software one (1) year warranty set forth below, from the Product Effective Date (the “Warranty Period”), with respect to a Licensed Product purchased directly from TIBCOCenterity or from an authorized Centerity distributor, then TIBCO in favor of the Customer. Centerity warrants that for during the Warranty Period, under normal use, the Licensed Product will perform without significant errors that make it unusable. During the Warranty Period, Centerity shall try, on a period reasonable effort basis, to correct documented and reproducible defects in the Licensed Product and to correct documented and reproducible failures to operate as specified in the technical documentation published by Centerity. During the Warranty Period, Centerity shall provide the Customer with any Updates relative to the Licensed Product version purchased by Customer, as they are released by Centerity generally, if any, free of thirty charge. The Customer shall install said updates according to any installation instructions provided by Centerity. Centerity does not warrant that the operation of the Licensed Product (30including any Updates) days from the Purchase Datewill be uninterrupted or error free. The above warranty and annual maintenance services shall not apply to problems resulting from: (i) errors not attributable to the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and Licensed Products (ii) Licensed Products being used with hardware or software not specified by the Software will substantially conform operating specifications of the Licensed Product; (iii) any additions or modifications to Licensed Products made by Customer or any third party and not approved by Centerity; (iv) defects in the Licensed Product(s) due to accident, abuse or improper use by Customer; or (v) Licensed Products provided on a no charge or evaluation basis. Centerity and its Documentationsuppliers and/or licensors shall have the right, but not the obligation, at their own expense, to defend or settle any claim against Customer asserting an intellectual property right violation by the Licensed Product(s), used within the scope of this Agreement. Centerity shall indemnify Customer against any loss, expense or liability from any damages finally awarded against Customer. However, Customer must promptly notify Centerity in writing after Customer first receives notice of any such claim, action or allegation of infringement and Centerity shall have sole control of the defense of any action and all negotiations for its settlement or compromise, with the reasonable assistance of Customer. Centerity shall not be liable for any costs or expenditures incurred by Customer without Centerity’s prior written consent. This limited warranty extends only shall not apply if the Customer has made unauthorized modifications to the original Licensed Products; or the Customer hereunderhas used the Licensed Products in non-accordance with Centerity’s instructions, and if either or both of the foregoing has caused the infringement and violation. If in Centerity’s' opinion, the Licensed Product is likely to become or are the subject of an infringement claim, Centerity shall be entitled (at its option) to either procure the right for Customer to continue using and selling the Licensed Product, to replace or modify the Licensed Product so that it become non-infringing; or to accept the return of the Licensed Product and to grant Customer a credit for Customer's sole and exclusive remedy and ’s purchase price for such Licensed Product, less a reasonable allowance for use and/or obsolescence. The foregoing states the entire liability of TIBCO Centerity for patent, trademark, copyright, and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreementintellectual property infringement by the Licensed Product. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisTHIS WARRANTY AND CONDITION IS GIVEN TO CUSTOMER ONLY AND IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES THERE ARE PROVIDED "AS IS", ALL NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY INCLUDING THOSE OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY REGARDING THIS AGREEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO ANY PRODUCT(S) LICENSED HEREUNDER. CENTERITY DOES NOT WARRANT THAT THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE LICENSED PRODUCT IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES ERROR FREE OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN OPERATION OF THE SOFTWARE LICENSED PRODUCT WILL BE CORRECTEDSECURE OR UNINTERRUPTED. THE ABOVE WARRANTY OBLIGATIONS DO NOT APPLY TO COMPONENTS OF THE LICENSED PRODUCT, THAT HAVE BEEN PROVIDED TO CENTERITY BY THIRD PARTY SUPPLIERS AND/OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSLICENSORS. NO TIBCO DEALER, DISTRIBUTOR, AGENT SUCH THIRD PARTY ASSUMES ANY LIABILITY WITH RESPECT TO THE LICENSED PRODUCT OR EMPLOYEE IS AUTHORIZED UNDERTAKES TO MAKE PROVIDE ANY MODIFICATIONS, EXTENSIONS SUPPORT OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseINFORMATION REGARDING THOSE ELEMENTS OF THE LICENSED PRODUCT.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO The Company warrants that it shall, at its option, repair, replace or provide replacement parts in the event any Product manufactured by the Company and used in the United States or Canada which upon inspection it finds to be defective in material or workmanship for a period of thirty twelve (3012) days months from initial startup or eighteen (18) months from date of shipment, whichever expires sooner; provided, Buyer provides written notice to Company within a reasonable time after discovery. Products not manufactured by the Purchase Date: Company but also sold under this agreement (i“Third Party Products”) are not warranted by Company, but are sold only with the media on which express warranty, if any, of the Software is furnished will be free of defects in materials manufacturer and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunderextent transferable. Customer's For the avoidance of doubt, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY 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 LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. In the event Company performs on-site services for or on behalf of Buyer, Company warrants that such services will be performed in a professional and workmanlike manner (“Service Warranty”). Buyer’s sole and exclusive remedy and against Company for a breach of the entire liability of TIBCO and its licensors under this limited warranty will Service Warranty shall be, at TIBCO's Seller’s option, repair, replacement, to either refund to Buyer the amounts paid for such services or refund of for Company to re-perform the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofallegedly defective services. This The Company’s warranty does not apply to any Software which Products or parts which: (a1) is licensed for betahave been opened, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operateddissembled, repaired, or maintained in accordance with instructions supplied altered by TIBCOanyone other than the Company or its authorized service representative; or, (d2) has have been subjected to abnormal physical or electrical stressmisuse, misusemisapplication, negligence, accidents, damage, abuse, improper storage, or accidentabnormal use or service; or, (3) have been operated or installed in a manner contrary to Company’s printed instructions; or, (4) have been installed in an incorrect or improper application; or, (5) have become corroded or subjected to abrasion, or (e6) have been subject to other than normal wear and tear. The Company is used in violation of any other term of this End User License Agreement. Customer agrees not obligated to pay TIBCO for any Maintenance costs or Services provided by TIBCO related expenses in connection with the removal and reinstallation of such Products or parts, including but not limited to a breach of labor, service costs, and shipping charges. This warranty and any optional extended warranties are granted only to the foregoing on a time, materials, travel, lodging and other reasonable expenses basisoriginal user. If Customer obtained the Software from a TIBCO reseller Company’s duty to perform under this or distributor, the terms of any warranty may be delayed, at Company’s sole option, until Company has been paid in full for all Products or parts purchased by Buyer. No such delay shall be as provided by such reseller or distributorextend the warranty period. THIS WARRANTY CONSTITUTES THE BUYER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED. COMPANY HEREBY EXPRESSLY DISCLAIMS THE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTIES EXPRESSLY SET OUT HEREIN, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, GOODS AND SERVICES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED PROVIDED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "COMPANY “AS IS"”. CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARENo person (including any agent, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSsalesman, PROBLEMS OR INTERRUPTIONSdealer or distributor) has the authority to expand the Company’s obligation beyond the terms of this express warranty, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense or to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim state that the unmodified Software infringes any patent issued performance of the Products is other than published by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseCompany.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Biomatrix represents and warrants that for a period of thirty (30) days from the Purchase Dateeach Product and Extended Product supplied to Wyeth hereunder shall: (i) conform to the media on which the Software is furnished will be free of defects in materials and workmanship under normal useapplicable Product Specifications; and *Confidential portions have been omitted and filed separately with the Commission. -13- <Page> (ii) be manufactured, labeled, packaged and tested (while in the Software will substantially conform to its Documentationpossession or control of Biomatrix) in accordance with applicable laws and regulations in the respective countries in Territory relating tothe manufacture, labeling, packaging and testing of the Product or Extended Product. This THE FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY BIOMATRIX WITH RESPECT TO PRODUCTS AND EXTENDED PRODUCTS, AND BIOMATRIX GIVES AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THE FOREGOING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO IMPLIED WARRANTY OF MERCHANTABILITY, NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, AND NO IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE IS GIVEN OR MADE BY BIOMATRIX OR SHALL ARISE BY OR IN CONNECTION WITH ANY SALE OR PROVISION OF PRODUCTS OR EXTENDED PRODUCTS BY BIOMATRIX, OR WYETH'S USE OR SALE OF PRODUCT, OR BIOMATRIX'S AND/OR WYETH'S CONDUCT IN RELATION THERETO OR TO EACH OTHER. NO REPRESENTATIVE OF BIOMATRIX IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR TO MODIFY THE FOREGOING WARRANTY IN ANY WAY. The limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under set forth in this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty Section 11 does not apply to any Software which non-conformity of Products or Extended Products resulting from (a) is licensed for betarepair, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stressalteration, misuse, negligence, or abuse, accident, mishandling or (e) is used storage in violation of an improper environment by any party other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timethan Biomatrix, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace use, handling, storage or modify the Software maintenance other than in accordance with functionally equivalent softwareProduct Specifications. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO Biomatrix's sole obligation with respect to Units of Products or Extended Products which do not meet the infringement warranty contained herein is limited to replacement of any intellectual property rightssuch 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 Customer hereby expressly waives any other liabilities only if, as determined by the procedures set forth in Section 9, such Units of Products or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply Extended Products are determined to the extent any infringement could have been avoided by use defective under the terms of the then-current releasethis Agreement. 11.2.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO T IBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials material s and workmanship under normal use; and (ii) the Software will substantially conform con form to its Documentation. This limited warranty extends only to the original Customer Cu stomer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's optionoptio n, repair, replacement, or refund of the Software and applicable Maintenance feesfee s, in which event this End User License Agreement shall terminate upon refund thereofth ereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluationeva luation, testing or demonstration purposes for which TIBCO does not receive a license li cense fee, (b) has been altered or modified, except by TIBCO, (c) has not been installedi nstalled, operated, repaired, or maintained in accordance with instructions supplied supp lied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance Mainten ance or Services provided by TIBCO related to a breach of the foregoing on a timexxx e, materials, travel, lodging and other reasonable expenses basis. If Customer obtained o btained the Software from a TIBCO reseller or distributor, the terms of any warranty warr anty shall be as provided by such reseller or distributor, and TIBCO provides Customer Cu stomer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES SERV ICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND A ND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF O F MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY SATISFACTO RY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY HE REBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE SOFTW ARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION ACCOMMOD ATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE C XXXXX NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES SERVIC ES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO TI BCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONSMODIFICATIO NS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees xx xxxx at its own expense to defend or, at its option, to settle, any claim or action act ion brought against Customer to the extent it is based on a claim that the unmodified unmod ified Software infringes any patent issued by the United States, Canada, AustraliaAustral ia, Japan, or any member of the European Union, or any copyright, or any trade secret s xxxxx of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable reasonab le attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified n otified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's ' s prior written approval. In the event of any such claim, litigation or threat thereoft hereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the th e right to continue to use the Software or (b) replace or modify the Software with wi th functionally equivalent software. If such settlement or modification is not commercially c ommercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this th is End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement infringeme nt of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity i ndemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release. Limitation of Liability. EXCEPT AS PROVIDED UNDER INDEMNITY OR RESULTING FROM A BREACH OF CONFIDENTIALITY (THE "EXCLUDED MATTERS"), IN NO EVENT WILL EITHER PART Y OR TIBCO'S LICENSORS BE LIABLE FOR ANY LOST DATA, LOST REVENUE, LOST PROFITS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE DAMAGES ARISING OUT OF THIS AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, OR THE PROV ISION OF ANY MAINTENANCE OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE PO SSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER, WHETHER IN CONTRACT, TORT (INCLUDING ACTIVE OR PAS SIVE NEGLIGENCE), BREACH OF WARRANTY, CLAIMS BY THIRD PARTIES OR OTHERWISE, EXCE ED THE PRICE PAID BY CUSTOMER UNDER THE APPLICABLE ORDERING DOCUMENT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY OR LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS D O NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Provider warrants that it has the power and authority to grant the subscription for a period the Services granted to Client hereunder. EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of thirty (30) days from the Purchase DateRemedy and Liability. Client represents that it accepts sole and complete responsibility for: (ia) the media on which selection of the Software is furnished will be free Services to achieve Client's intended results; (b) use of defects in materials and workmanship under normal usethe Services; (c) the results obtained from Services; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall be as provided by such reseller not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or distributormisrepresentation, and TIBCO provides Customer no warranty with respect 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 Services, an Authorized User’s use of the Services, and/or any agreement between the Client and an Authorize User based on or in any way related to such Softwarethe Services. EXCEPT AS SPECIFIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THIS LIMITED WARRANTYNO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, THE SOFTWAREINCIDENTAL, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"INDIRECT, ALL EXPRESS CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION DAMAGES FOR LOSS OF MERCHANTABILITYBUSINESS PROFITS, FITNESS FOR A PARTICULAR PURPOSEBUSINESS INTERRUPTION, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE LOSS OF DEALING, USAGEBUSINESS INFORMATION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT USE OF OR INABILITY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCOTHE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREIn any event, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSunder no circumstances shall Provider be liable for any loss, PROBLEMS OR INTERRUPTIONScosts, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japanexpenses, or any member of damages to Client in an amount exceeding the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees Subscription Fee actually paid to TIBCO Provider by Customer based on a five-year straight-line depreciation. This Section states Client for the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseprevious twelve (12) months.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Uplink warrants to Dealer that for a period 12 months following the date of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished purchase, Uplink Devices and u-TRAQ Devices will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been when installed, operated, repairedmaintained, and serviced in strict accordance with Uplink’s and the manufacturer’s requirements. If a Uplink Device fails because of a defect in materials or maintained workmanship within the 12 month warranty period, Uplink will, at its sole option and at no charge to Dealer, repair or replace it or arrange for its repair or replacement. Uplink’s agreement to repair (using new or reconditioned parts) or replace (with an equivalent new or reconditioned device) an Uplink Device or u-TRAQ Device found to be defective in materials or workmanship is Dealer’s exclusive remedy; this remedy will not be deemed to have failed of its essential purpose so long as Uplink is willing and able to repair or replace a defective Uplink Device as provided above or, at its sole option, to refund the purchase price paid. Any returns hereunder must be made in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License AgreementUplink’s prescribed RMA process. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE WARRANTY SET FORTH IN THIS SECTION IS LIMITED WARRANTYAND IS THE ONLY WARRANTY OFFERED UNDER THIS AGREEMENT. UPLINK MAKES NO OTHER WARRANTIES, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY NON-INFRINGEMENT, AND NON-OBSOLESCENCE. THE WARRANTY SET FORTH IN THIS SECTION FURTHERMORE DOES NOT COVER UPLINK DEVICES OR ARISING FROM A COURSE OF DEALINGU-TRAQ DEVICES THAT (A) HAVE BEEN IMPROPERLY INSTALLED, USAGEMAINTAINED, OR TRADE PRACTICE, ARE HEREBY EXCLUDED SERVICED; (B) HAVE BEEN ABUSED OR TAMPERED WITH; OR (C) HAVE BEEN SUBJECTED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OPERATING CONDITIONS OUTSIDE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSPECIFIED PARAMETERS.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company (“Third-Party Products(s)”) are not warranted by Company and have such warranties as may be extended by the foregoing on a timerespective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD- PARTY PRODUCT(S) AND ANY WARRANTIES, materialsCLAIMS, travelSTATEMENTS, lodging and other reasonable expenses basisREPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENTREGARDING PREVENTING, SATISFACTORY QUALITY ELIMINATING, REDUCING OR ARISING FROM A COURSE OF DEALINGINHIBITING ANY MOLD, USAGEFUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR TRADE PRACTICEANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF EQUIPMENT, ANY SOFTWARECOMPONENT THEREOF, MAINTENANCE OR SERVICES OR THAT OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE SOFTWARE WILL OPERATE WITHOUT ERRORSPREVENTION, PROBLEMS ELIMINATION, REDUCTION OR INTERRUPTIONSINHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR THAT ERRORS ANY COMPONENT THEREOF, SERVICES OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO EMORY represents and warrants that for a period of thirty (30) days from the Purchase Dateto COMPANY that: (i) it has the media on which the Software is furnished will be free of defects in materials right and workmanship authority to enter into, execute, deliver and perform its obligations under normal use; and this Agreement, (ii) the Software will substantially conform to its Documentation. This limited warranty extends only except as and to the original Customer hereunder. Customer's sole extent limited by the U.S. Government License, and exclusive remedy to the best of its knowledge, it owns exclusively the Licensed Patents and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeLicensed Technology, (biii) has been altered or modifiedto the best of its knowledge, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term neither the execution of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to Agreement nor the performance of its obligations hereunder will constitute a breach of the foregoing on terms and provisions of any other agreement to which EMORY is a timeparty, materials(iv) except for the Licensed Patents licensed to COMPANY hereby, traveland as of the Effective Date of this Agreement, lodging EMORY neither owns or controls any patent or patent application whose claims would necessarily be infringed by the practice of the Licensed Patents or Licensed Technology, and other reasonable expenses basis. If Customer obtained the Software (v) EMORY (1) has not received any written notice from a TIBCO reseller Third Party alleging that the practice of the Licensed Patents or distributorLicensed Technology infringes any patent or other intellectual property right of such Third Party, the terms and (2) has no knowledge of any warranty shall infringement or, to the knowledge of Emory’s Technology Transfer Office, possible infringement by a third party of the Licensed Patents as of the Effective Date of this Agreement. Except as otherwise provided in this Agreement, including, without limitation, this Section 9.1, EMORY does not warrant the validity of the Licensed Patents licensed hereunder and makes no representation whatsoever with regard to the scope of the Licensed Patents or that such Licensed Patents or Licensed Technology may be as provided exploited by such reseller COMPANY or distributor, and TIBCO provides Customer no warranty with respect to such Softwareits Affiliates or sublicensees without infringing other patents. EXCEPT AS SPECIFIED OTHERWISE PROVIDED IN THIS LIMITED WARRANTYAGREEMENT, EMORY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARELICENSED PATENTS, MAINTENANCE LICENSED TECHNOLOGY OR LICENSED PRODUCTS AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY OTHER IMPLIED WARRANTIES WITH RESPECT TO THE CAPABILITIES, NONINFRINGEMENTSAFETY, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEUTILITY, OR TRADE PRACTICECOMMERCIAL APPLICATION OF THE LICENSED PATENTS, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE LICENSED TECHNOLOGY OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseLICENSED PRODUCTS.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants that the Goods (and component parts thereof) manufactured by Seller will be free from defects in mate- rial and workmanship under normal use and regular service and maintenance from the date the product is purchased (or component part thereof), unless otherwise specified by Seller in writing. Warranty period shall be as stated in the specifi- cation / owner’s manual and varies for each product. Optional products purchased by Seller from a period third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negli- gence (other than Seller’s), unauthorized 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 Seller. To the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. If within thirty (30) days from af- ter Buyer’s discovery of any warranty defects within the Purchase Date: (i) the media on which the Software is furnished will be free of defects warranty period, Buyer notifies Seller thereof in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bewriting, Seller shall, at TIBCO's optionits option and as Buyer’s exclusive remedy, repair, replacementcorrect or replace F.O.B. point of manufacture, or refund of the Software and applicable Maintenance feespurchase price for, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid Goods found by Seller to TIBCO be defective. Failure by Customer based on a five-year straight-line depreciationBuyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. This Section states All costs of dismantling, reinstallation and freight and the entire liability time and expense of TIBCO with respect Seller’s personnel and representatives for site travel and diagnosis under these warranties shall be borne by Buyer unless accepted in writing by Seller. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseGoods, either alone or in combination with other products/components.

Limited Warranty. If Customer obtained Skyward warrants to Licensee that the Software directly from TIBCOSkyward Products, then TIBCO warrants that for a period of thirty (30) days from when used in accordance with the Purchase Date: (i) the media on which the Software is user documentation furnished by Skyward, will be free of defects in materials and workmanship under normal use; and (ii) will perform, in all material respects, substantially in accordance with Skyward’s current published specifications. Except for the Software will substantially conform to its Documentationforegoing, no warranties, express or implied, are provided by Skyward. This limited warranty extends only to Licensee as the original Customer hereunderlicensee. Customer's Licensee’s sole and exclusive remedy and the entire liability of TIBCO and its licensors Skyward under this limited warranty will be, at TIBCO's Skyward’s option, repair, replacement, repair or refund replacement of the Software and applicable Maintenance fees, in which Skyward Products. In no event this End User License Agreement shall terminate upon refund thereofdoes Skyward warrant that the Skyward Products will be error free or that Licensee will be able to operate the Skyward Products without temporary problems or interruptions. This limited warranty does not apply if Licensee has failed to any Software which pay the Initial Fees and Annual Fees due under the terms of this Agreement or if the Skyward Product: (ai) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive in the form of a license feeback-up copy created by Licensee in accordance with the terms of this Agreement, (bii) has been altered or modifiedin any way, except by TIBCOSkyward, (ciii) has not been be installed, operated, repaired, or maintained in accordance with instructions and specifications supplied by TIBCOSkyward, or (div) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for For a period of thirty ninety (3090) days from the Purchase Date: (i) the media on which date of acquisition the Software is furnished or Service will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially materially conform to its Documentation. This limited warranty extends only to published specifications described in the original Customer hereunderrelevant Documentation supplied by Incorta. Customer's ’s sole and exclusive remedy and the entire liability of TIBCO Incorta and its suppliers and licensors under this limited warranty will be, at TIBCO's Incorta’s option, repair, replacement, repair or refund replacement of the Software or Service, or if repair or replacement is not possible, to terminate the license and applicable Maintenance feesrefund the license fee paid by Customer for the affected Software or Service, provided Customer removes all copies of the relevant Software or Service from its systems and ceases any further use of the Software or Service. The express warranties in which event this End User License Agreement shall terminate upon refund thereof. This warranty does do not apply to if the applicable Software, Services or any portion of the Software which or Service: (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (bi) has been altered or modifiedaltered, except by TIBCO, Incorta or its authorized representatives or its contractors; (cii) has not been used, installed, operated, repaired, or maintained in accordance with instructions this Agreement and/or Documentation; or (iii) is licensed, for beta, evaluation, or testing purposes. Additionally, the warranties set forth in this Agreement only apply to a warranty claim made within the warranty period specified in this Agreement and do not apply to any bug, defect or error caused by or attributable to software or products or services not supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License AgreementIncorta. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareDisclaimer. EXCEPT AS SPECIFIED EXPRESSLY SET FORTH IN THIS LIMITED WARRANTYSECTION, THE SOFTWARESOFTWARE OR SERVICE, MAINTENANCE IS PROVIDED ON AN “AS-IS” BASIS AND SERVICES ARE PROVIDED "AS IS"INCORTA MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SAME. INCORTA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONSWARRANTIES, REPRESENTATIONS, AND INCLUDING THE WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON- INFRINGEMENT, SATISFACTORY QUALITY LOSS OF DATA, ACCURACY OF RESULTS, OR ARISING FROM A COURSE OF DEALINGDEALING OR RELIANCE. INCORTA DOES NOT WARRANT OR SUPPORT ANY THIRD-PARTY WEBSITE, USAGESERVICE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE CONTENT OR SERVICES OR FUNCTIONALITY. INCORTA DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE WILL OPERATE WITHOUT ERRORS, PROBLEMS BE ERROR-FREE OR INTERRUPTIONSUNINTERRUPTED, OR THAT ERRORS OR BUGS ITS SECURITY MEASURES WILL PREVENT THIRD PARTY ACCESS TO DATA. Limitation of Liability. EXCEPT AS MAY BE REQUIRED BY LAW, IN THE SOFTWARE NO EVENT WILL BE CORRECTEDINCORTA, OR THAT THE SOFTWARE'S FUNCTIONALITYINCORTA’S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, MAINTENANCE INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES, OR FOR ANY LOST REVENUE, LOST PROFIT, LOSS OF BUSINESS, LOSS OF USE, LOSS OF CONTRACTS, ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF ANY OTHER ECONOMIC ADVANTAGE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY LOSS OR DAMAGE TO DATA, OR ANY BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING FROM SOFTWARE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT DELIVERED UNDER OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS RELATED TO THIS WARRANTYAGREEMENT, UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, UNDER STATUTE, TORT OR OTHERWISE, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH. IndemnityIN NO EVENT WILL THE AGGREGATE LIABILITY OF INCORTA, INCORTA’S LICENSORS OR SUPPLIERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE SOFTWARE OR SERVICES, (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, UNDER STATUTE, TORT OR OTHERWISE) EXCEED THE FEES RECEIVED BY INCORTA. If WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. Infringement Indemnification. Incorta will defend Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, and against any claim or action by a third party brought against Customer to the extent it is based on a claim alleging that the unmodified Software infringes any patent issued by the United Statesor violates third party intellectual property rights, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold harmless Customer harmless from and against any damages, damages and costs and fees reasonably incurred finally awarded against Customer or agreed to by Incorta in a monetary settlement (including reasonable attorneys' ’ fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of resulting from such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claimclaim is brought or threatened, litigation or threat thereof, TIBCOIncorta may, at its sole option and expense, shall : (ai) procure for Customer the right to continue to use of the Software or infringing part thereof; (bii) modify or amend the Software or infringing part thereof to make it non-infringing; (iii) replace or modify the Software or infringing part thereof with functionally equivalent software. If such settlement non-infringing software or modification is not commercially reasonable technology having substantially similar capabilities; or (in the reasonable opinion of TIBCO), TIBCO may cancel iv) terminate this End User License Agreement upon sixty days prior written notice to Customer, and refund repay to Customer the unamortized a pro-rata portion of the any prepaid and unused license fees paid for the balance of the term . Notwithstanding the foregoing, Incorta will have no liability to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability for any claim of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by such claim arises out of or is based upon (1) use of the then-current release.Software in combination with software, products or services not provided by Incorta;

Limited Warranty. If Customer obtained Unless otherwise expressly described and published in a particular product specification, data sheet or otherwise agreed to in a writing signed by XXXXXXX, ECHELON warrants the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of Hardware Products only against defects in materials and workmanship under normal use; and for a period of one (ii1) the Software will substantially conform year after shipment to its DocumentationCUSTOMER. This limited warranty extends only to the original Customer hereunder. CustomerECHELON's sole and exclusive liability and CUSTOMER's sole remedy and the entire liability of TIBCO and its licensors under this limited warranty will shall be, at TIBCOECHELON's option, repair, replacement, to provide repaired or refund of the Software and applicable Maintenance fees, in replacement Hardware Products for such defective Hardware Products. The Products which event this End User License Agreement CUSTOMER considers defective shall terminate upon refund thereofbe returned per XXXXXXX's standard Return Material Authorization procedures. This warranty does not apply shall be void if, in ECHELON's reasonable opinion, such defective condition was caused in whole or in part by CUSTOMER's misuse, neglect, testing, attempts to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repairedrepair, or maintained any other cause beyond normal usage in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligenceEchelon’s written specifications, or by accident, fire, or (e) is used in violation of any other term of this End User License Agreementhazard. Customer agrees to pay TIBCO Repair or replacement does not extend the warranty period for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timesuch Product. The limited warranty, materialsif any, travel, lodging and other reasonable expenses basis. If Customer obtained the for Software from a TIBCO reseller or distributor, the terms of any warranty shall Products will be as provided by such reseller or distributorset forth in the software license agreement accompanying the Products. ECHELON makes no warranty for Services. The warranty contained herein is made and valid to the original CUSTOMER only, and TIBCO provides Customer no warranty with respect not to such Softwareany subsequent purchaser. EXCEPT AS SPECIFIED THE WARRANTY SET FORTH ABOVE IS IN THIS LIMITED WARRANTYLIEU OF ALL OTHER WARRANTIES OR CONDITIONS, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWITH RESPECT TO PRODUCTS OR SERVICES, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTINTELLECTUAL PROPERTY OWNERSHIP OR SATISFACTORY QUALITY. WITH RESPECT TO SERVICES, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY ECHELON SPECIFICALLY DOES NOT GUARANTEE THAT ALL PROBLEMS WILL BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES SOLVED OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE ANY RESPONSE WILL BE CORRECTEDERROR-FREE. Without limiting the generality of the foregoing, OR THAT THE SOFTWARE'S FUNCTIONALITYand unless XXXXXXX expressly agrees otherwise in writing signed by an authorized signatory, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is design review services will be based on XXXXXXX's preliminary review of the CUSTOMER’S assembly under examination and reliant on CUSTOMER’S information and representations, and are not intended to represent, nor may be considered or relied upon as a thorough engineering analysis of the design. It is the responsibility of the CUSTOMER thoroughly to review the architecture and engineering of its design, assembly and components used therein using the latest revision of the pertinent User's Guides and manuals for all parts, including, without limitation, the Neuron® Chip. Without limiting the generality of the foregoing, no claim that is made regarding the unmodified Software infringes any patent issued by suitability of the United Statesassembly under test with regard to a particular application, Canada, Australia, Japanregulatory compliance, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasesafety agency compliance.

Limited Warranty. If Customer obtained the Software directly Seller warrants to Buyer that its Products will be free from TIBCO, then TIBCO warrants that material defects in workmanship and materials under normal use and service for a period of thirty lasting until (30a) days 12 months from the Purchase Date: date of installation or (ib) 18 months from the media on which date of shipment from Seller's Facility, whichever shall occur first (the Software "Warranty Period"). There is furnished will be free NO WARRANTY in cases of defects damage in materials transit, negligence, abuse, abnormal usage, misuse, accidents, normal wear and workmanship under normal use; and (ii) the Software will substantially conform tear, damage due to its Documentation. This limited warranty extends only environmental or natural elements, failure to the original Customer hereunder. Customerfollow Seller's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beinstructions or improper installation, at TIBCO's option, repair, replacement, storage or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofmaintenance. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing cover parts furnished but not produced or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except manufactured by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributorSeller, and TIBCO provides Customer no warranty Seller's sole obligation with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained parts shall be limited to assigning or transferring to Buyer any written warranty extended to Seller by the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer manufacturer of such parts to the extent it is based on a claim such warranty may reasonably be assigned or transferred. However, Seller does not adopt, guarantee or represent that the unmodified Software infringes manufacturer will comply with any patent issued by the United States, Canada, Australia, Japan, or any member of the European Unionterms of the warranty of such manufacturer. Remedy: Seller's sole and exclusive obligation under this warranty (and Xxxxx's sole and exclusive remedy) shall be, upon prompt written notice by Buyer during the warranty period of any breach, to either, at Seller's option, repair or replace without charge, F.O.B. Seller's Facility, any copyrightdefective Product or part thereof expressly warranted herein by Seller against defects and found by Seller in its sole discretion to be defective and covered by this warranty. SELLER SHALL NOT BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS OR OTHERWISE. This warranty covers only replacement or repair of defective Products or parts thereof at Seller's main facility and does not include the cost of field service travel and living expenses, labor, inspection, removal or installation of new Products or parts or normal maintenance. Notice of any trade secret warranty claim or request for warranty service should be sent to the Seller at the following address: Attn: Warranty Claim, S84 W18887 Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxx 00000. LIMITATION ON DAMAGES: IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT AND THIS CONTRACT SHALL BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. Some states do not allow the exclusion or limitation of a third party; incidental and TIBCO will indemnify and hold Customer harmless from and against any consequential damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable so the above limitation or exclusion may not apply to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationBuyer. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property warranty gives Buyer specific legal rights, and Customer hereby expressly waives any Buyer may also have other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply rights which vary from state to the extent any infringement could have been avoided by use of the then-current releasestate.

Limited Warranty. If Customer obtained has purchased the Software directly system from TIBCOContractor, then TIBCO Contractor warrants that the equipment of the System will be free from defects in material and workmanship for a period of thirty (30) 90 days from the Purchase Date: (i) date the media on which the Software System is furnished placed into operation. If, during this 90-day period, any equipment proves to be defective, it will be repaired or replaced, at Contractor’s sole option, free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofcharge. This warranty does not apply to any Software which (a) is licensed for betato any defect caused by damage (other than damage resulting from a defect) that occurred while the System was in the possession of Customer, evaluationincluding damage resulting from accidents, testing acts of God, alteration, misuse, tampering, or demonstration purposes for which TIBCO does not receive a license fee, abuse; (b) has been altered or modified, except by TIBCO, to defects resulting from Customer’s failure to follow operating instructions properly; and (c) has not been installed, operated, repaired, to problems due to electrical power or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basistelephone service outage. If Customer obtained calls for service under this limited warranty and upon inspection by Contractor’s representative it is found that one or more of the Software from conditions described is the clause (a) through (c) led to the inoperability or apparent inoperability of the System, a TIBCO reseller charge will be made for the service call whether or distributornot Contractor’s representative actually works on the System. Should it be necessary to make actual repairs to the System due to conditions or circumstances not covered by this limited warranty, the terms of any warranty shall a charge will be as provided made for such repairs at Contractor’s then applicable rates for labor and material. Warranty service will be furnished by such reseller or distributorContractor during its normal business hours, and TIBCO provides Customer no warranty with respect 8:00 a m. to such Software5:00 p m. local time, Monday through Friday, holidays excluded. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYEQUIPMENT WARRANTY DOES NOT APPLY TO ANY SYSTEM OR EQUIPMENT LEASED BY CUSTOMER FROM CONTRACTOR. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER_S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, NONINFRINGEMENTINCLUDING CONTRACTOR_S NEGLIGENCE, SATISFACTORY QUALITY SHALL BE REPAIRED OR ARISING FROM A COURSE OF DEALING, USAGE, REPLACED AS SPECIFIED ABOVE. CONTRACTOR SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS INCIDENTAL DAMAGES OF ANY SOFTWARENATURE, MAINTENANCE INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR SERVICES DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSCONTRACT BY CONTRACTOR, PROBLEMS NEGLIGENCE OF CONTRACTOR OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOTHERWISE.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO The seller warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished all products manufactured by it will be free of from any defects in materials material and workmanship for the warranty periods described below under normal useoperating conditions when installed in accordance with the seller’s installation instructions, normal wear and tear excepted. The purchaser should contact the seller if it is uncertain whether specific parts are covered under warranty for a particular product. The warranty period for the following products of the Seller are: Vehicle Gates 2 years or 2 million cycles whichever occurs first Revenue equipment (including software) 1 year Pedestrian gates 1 year or 2 million cycles whichever occurs first Loop Detectors 1 year The warranty period shall start from the date of shipment of the product by the seller. In no event shall the limited warranty provided hereunder for any product extend for more than 2 years from the date the product was shipped by the seller. During the warranty period, the seller will repair or replace at its option, any of its products which have been found to be defective. A Return Material Authorization Number (RMA) must be obtained before product is returned, and products must be shipped freight prepaid to the seller at 0000 Xxxxxxx Xx.; and (ii) Rockledge, FL 32955. The seller is not responsible for removal, installation, or any incidental expenses incurred in shipping the Software will substantially conform product to its Documentationor from the seller. This limited warranty extends only to the original Customer hereunder. Customer's sole purchaser of the product from the seller or the seller’s authorized Distributor / Dealer and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, shall not cover repair, replacement, labor or refund replacement of parts that are by nature expendable. No Distributor / Dealer of the Software and applicable Maintenance fees, in which event this End User License Agreement seller shall terminate upon refund thereof. This warranty does not apply have the authority to bind the seller to any Software warranty beyond that extended therein. All products of the seller are subject to design and/or appearance modifications, which (a) is licensed for betaare production standards at the time of shipment. The seller may, evaluationbut shall not be required, testing to, modify or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related update products shipped prior to a breach of the foregoing on a timecurrent production standard. THE SELLER OFFERS NO OTHER WARRANTIES, materialsEXPRESSED OR IMPLIED, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS INCLUDING BUT NOT LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTIES OFFERED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE PURCHASER. CORRECTION OF DEFECTS, NONINFRINGEMENTIN THE MANNER AND FOR THE PERIOD OF TIME DESCRIBED HEREIN, SATISFACTORY QUALITY SHALL CONSTITUTE THE COMPLETE FULFILLMENT OF ALL LIABILITIES OF THE SELLER TO THE PURCHASER WITH RESPECT TO THE COVERED PRODUCT, AND SHALL CONSTITUTE FULL SATISFACTION OF ALL CLAIMS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SELLER’S BREACH OF THIS LIMITED WARRANTY, OR ARISING FROM A COURSE OUT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT PURCHASER’S INABILITY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCOTHE COVERED PRODUCT, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained Some states do not allow the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim exclusion or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, limitation of incidental or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any consequential damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has do the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO above limitation may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to a particular purchaser. This limited warranty gives the extent any infringement could purchaser specific legal rights. The purchaser may also have been avoided by use of the then-current releaseother rights, which vary from state to state.

Limited Warranty. If Customer obtained NORMAC warrants, only to the Software directly from TIBCOBuyer named herein to whom the Products are originally sold, then TIBCO warrants that and for a period of thirty sixty (3060) days from after delivery, that the Purchase Date: (i) Products at the media on which the Software is furnished time of shipment will be free from defects of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationworkmanship. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHE FOREGOING EXPRESS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. AND EXCEPT AS SPECIFIED IN THIS LIMITED FOR THAT EXPRESS WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES PRODUCTS ARE PROVIDED "BEING SOLD “AS IS"” and “WITH ALL FAULTS.” NORMAC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND INCLUDING WITHOUT LIMITATION ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY TITLE, CONDITION, OR ANY WARRANTY ARISING FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE, USAGEDESPITE NORMAC’S ACTUAL KNOWLEDGE OF ANY PRODUCT’S INTENDED USE OR ANY ADVICE OR REPRESENTATIONS THAT MIGHT HAVE BEEN RENDERED BY NORMAC CONCERNING THE DESIGN, MANUFACTURE, SALE OR TRADE PRACTICEUSE OF THE PRODUCTS. No statement, ARE HEREBY EXCLUDED conduct or description by NORMAC or its representatives, beyond this limited warranty, shall constitute a warranty. TO THE EXTENT ALLOWED BY THAT ANY WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THOSE WARRANTIES ARE EXPRESSLY LIMITED TO THE EXCLUSIVITY, THE DURATION OF THE WARRANTY PERIODS, AND ARE SUBJECT TO THE EXCLUSIVE REMEDIES SET FORTH HEREIN. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, Buyer disclaims reliance on (i) any claim sales descriptions or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes representations made by any patent issued by the United States, Canada, Australia, Japanemployee or agent of NORMAC, or (ii) any member of the European Unionbrochures, catalogs, advertisements, or other product/sales literature not expressly incorporated herein. None of NORMAC’s employees or agents has authority to issue or make any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereofwarranty. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification Buyer is not commercially reasonable (relying on any technical or other advice from NORMAC in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO connection with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities its purchase or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseProducts. Products are subject to tolerances and variations consistent with trade usage and practices concerning dimension, weight, size, composition, surface, properties and condition.

Limited Warranty. If Customer obtained Caveonix warrants to User that the Software directly from TIBCO, then TIBCO warrants that for a period encoding of thirty (30) days from the Purchase Date: (i) software program on the media on which the Software is Products are furnished will be free of from defects in materials material workmanship, and workmanship under normal use; that the Products shall substantially conform to their user manual, as it exists at the date of delivery, for a period of ninety (90) days from the date User receive the original License Key. Caveonix’s entire liability and User’s exclusive and sole remedy shall be, at Caveonix’s option, either: (i) refund of any fees paid to Caveonix by User to License the Products, and subsequent termination of this Agreement, or (ii) repair or replacement of the Software will substantially conform Products or media that do not meet this limited warranty; provided, that, (i) the Product has been properly installed and used at all times in accordance with the instructions in the applicable user manuals; (b) no modification, alteration or addition has been made to its Documentationthe Produces by persons other than Caveonix or Caveonix’s authorized representative. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7.1, THE PRODUCTS AND ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY. CAVEONIX DOES NOT WARRANT THAT THE PRODUCTS WILL MEET USER’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. CAVEONIX EXPRESSLY DISCLAIMS ANY WARRANTIES ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to User. This limited warranty extends only gives User specific legal rights. User may have other rights that vary from state to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofstate. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseevaluation licenses.

Limited Warranty. If Customer obtained Licensor warrants to Licensee that during the Software directly from TIBCO, then TIBCO warrants that for a period of thirty first sixty (3060) days from after the Purchase Date: Delivery Date (ithe "Warranty Period") the media Licensed Products will conform to Licensor's published specifications in effect on which the Software is furnished will be free of defects in materials Delivery Date, and workmanship under normal use; and (ii) that the Licensed Software will perform substantially conform to its as described in the accompanying Licensed Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty Licensor does not apply to any Software which warrant (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, that the Licensed Software will meet Licensee's requirements; (b) has been altered or modified, except by TIBCO, that operation of the Licensed Software will be uninterrupted; (c) has not been installedthat the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the Licensed Software made by Licensee; provided, operatedhowever, repaired, any change or maintained modification properly made by Licensee in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used contained in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO the Licensed Documentation for any Maintenance or Services the Licensed Software shall not void the warranty provided by TIBCO related Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basislimited extent. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty This Agreement shall be as provided by read and construed subject to any such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarestatutory provisions. EXCEPT AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTYAGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE SOFTWARE, MAINTENANCE LICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION AND SERVICES ARE PROVIDED "AS IS", LICENSOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONSOTHER WARRANTIES, REPRESENTATIONS, INDEMNITIES AND WARRANTIES GUARANTEES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, SUITABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE). No warranties as may be set forth herein shall be applicable to any Licensed Products offered as a demo or trial use free of charge, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED which shall be accepted by Licensee on an "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseas is" basis.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO RMI represents and warrants that for a period of thirty (30) days from during the Purchase Date: Warranty Period (i) the media Products, when shipped, will be new and unused, (ii) it shall convey good and clear title to the Products, free and clear of all liens and encumbrances, (iii) at the Effective Date and on which the Software date each Product is furnished first shipped to Purchaser, RMI is not aware of any material claims for infringement of Intellectual Property rights with respect to any of the Products, (iv) the Products will comply in all respects with the applicable Specifications and applicable ULA or CSA requirements, (v) the Products, as used in accordance with industry standards and any written instructions provided by RMI to Purchaser are safe for normal use, are non-toxic and present no abnormal hazards to persons or the environment, provided however, that for so long as RMI is RoHS 5 of 6 compliant, the presence of lead and other toxic substances in the Products shall not be deemed a violation of the limited warranty set forth in this clause (v), and (vi) the Products will be free of from defects in materials materials, design and workmanship under normal use; workmanship. The Warranty Period for a Product shall be one (1) year following the date of delivery to Purchaser. During the Warranty Period, at Purchaser’s option, RMI shall either refund the purchase price in full or RMI will, at its expense, replace with new and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only unused Products all Products not conforming to the original Customer hereunderrequirements of this Section 10.3 which are returned to RMI in accordance with RMI’s established RMA process, transportation charges prepaid, and which are, after examination, disclosed to the satisfaction of RMI to be defective. Customer's sole All shipping and exclusive remedy insurance charges for return of non-conforming Product shall be at RMI’s expense, provided, however, that if the returned Product is reasonably demonstrated by RMI to be conforming, then Purchaser will reimburse RMI for the actual and reasonable shipping charges and all purchase price refunds, as applicable. Replacement Product shall meet all Specifications and be functionally equal to or better than the entire liability returned unit. Product replacements effected during the warranty period shall be warranted, as provided below, for the remainder of TIBCO and its licensors the Product warranty or for one (1) year from the date of replacement, whichever is longer. Any Product which has been replaced by RMI under the terms of this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related be shipped to a breach location designated by Purchaser or Purchaser CMs as soon as practicable after receipt of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisPurchaser’s request for replacement. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.10.3.2

Limited Warranty. If Customer obtained the Software directly from TIBCOABS makes only those warranties with respect to Product expressly identified as "warranties" and set forth in ABS's current operating manual or catalog, then TIBCO warrants that for or in a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials specific written warranty included with and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationcovering Product, if any. This limited warranty extends Warranties are made only to the original Customer hereunder. Customer's sole buyer purchasing the Product directly from ABS, are not transferable and exclusive remedy and do not extend to the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation benefit of any other term of this End User License Agreementperson or entity, unless otherwise expressly stated in writing by ABS. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE ANY PRODUCT NOT COVERED BY AN EXPRESS WRITTEN WARRANTY IS SOLD AND SERVICES ARE PROVIDED "AS IS"" WITHOUT WARRANTY OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED. Any description of Product recited in ABS's Quotation is for the sole purpose of identifying Product, and any such description is not part of any contract between ABS and buyer and does not constitute a warranty that Product shall conform to that description. Any sample or model used in connection with ABS's Quotation is for illustrative purposes only, and is not part of any contract between ABS and buyer and does not constitute a warranty that Product will conform to the sample or model. No affirmation of fact or promise made by ABS, whether or not in ABS's Quotation, shall constitute a warranty that Product will conform to the affirmation or promise. Unless otherwise specified in writing in documentation shipped with Product or otherwise agreed by ABS in writing, ABS does not provide service or support for custom products or other products made to buyer's specifications. THE WARRANTIES IDENTIFIED IN THE FIRST SENTENCE OF THIS PARAGRAPH ARE ABS'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO PRODUCT AND ARE IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, ALL EXPRESS OR IMPLIED CONDITIONSOF WHICH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON-INFRINGEMENT, SATISFACTORY QUALITY OR REGARDING RESULTS OBTAINED THROUGH THE USE OF ANY PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INACCURATE, INVALID OR INCOMPLETE RESULTS), WHETHER ARISING FROM A STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALINGPERFORMANCE, USAGE, DEALING OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS USAGE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTRADE.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO The Company warrants that it shall, at its option, repair, replace or provide replacement parts in the event any Product manufactured by the Company and used in the United States or Canada which upon inspection it finds to be defective in material or workmanship for a period of thirty twelve (3012) days months from initial startup or eighteen (18) months from date of shipment, whichever expires sooner; provided, Buyer provides written notice to Company within a reasonable time after discovery. Products not manufactured by the Purchase Date: Company but also sold under this agreement (i“Third Party Products”) are not warranted by Company, but are sold only with the media on which express warranty, if any, of the Software is furnished will be free of defects in materials manufacturer and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunderextent transferable. Customer's For the avoidance of doubt, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY 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 LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. In the event Company performs on-site services for or on behalf of Buyer, Company warrants that such services will be performed in a professional and workmanlike manner (“Service Warranty”). Xxxxx’s sole and exclusive remedy and against Company for a breach of the entire liability of TIBCO and its licensors under this limited warranty will Service Warranty shall be, at TIBCO's Seller’s option, repair, replacement, to either refund to Buyer the amounts paid for such services or refund of for Company to re-perform the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofallegedly defective services. This The Company’s warranty does not apply to any Software which Products or parts which: (a1) is licensed for betahave been opened, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operateddissembled, repaired, or maintained in accordance with instructions supplied altered by TIBCOanyone other than the Company or its authorized service representative; or, (d2) has have been subjected to abnormal physical or electrical stressmisuse, misusemisapplication, negligence, accidents, damage, abuse, improper storage, or accidentabnormal use or service; or, (3) have been operated or installed in a manner contrary to Company’s printed instructions; or, (4) have been installed in an incorrect or improper application; or, (5) have become corroded or subjected to abrasion, or (e6) have been subject to other than normal wear and tear. The Company is used in violation of any other term of this End User License Agreement. Customer agrees not obligated to pay TIBCO for any Maintenance costs or Services provided by TIBCO related expenses in connection with the removal and reinstallation of such Products or parts, including but not limited to a breach of labor, service costs, and shipping charges. This warranty and any optional extended warranties are granted only to the foregoing on a time, materials, travel, lodging and other reasonable expenses basisoriginal user. If Customer obtained the Software from a TIBCO reseller Company’s duty to perform under this or distributor, the terms of any warranty may be delayed, at Company’s sole option, until Company has been paid in full for all Products or parts purchased by Buyer. No such delay shall be as provided by such reseller or distributorextend the warranty period. THIS WARRANTY CONSTITUTES THE BUYER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED. COMPANY HEREBY EXPRESSLY DISCLAIMS THE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTIES EXPRESSLY SET OUT HEREIN, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, GOODS AND SERVICES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED PROVIDED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "COMPANY “AS IS"”. CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARENo person (including any agent, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSsalesman, PROBLEMS OR INTERRUPTIONSdealer or distributor) has the authority to expand the Company’s obligation beyond the terms of this express warranty, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense or to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim state that the unmodified Software infringes any patent issued performance of the Products is other than published by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseCompany.

Limited Warranty. If Customer obtained With respect to the Software directly from TIBCOphysical diskette or tape and physical documentation enclosed with the Licensed Product, then TIBCO FacetCorp warrants that the same to be free of defects in materials and workmanship for a period of thirty (30) days from the Purchase Date: (i) date of purchase by the end-user customer. Licensee may return any defective media on which to their supplier during the Software is furnished will be warranty period for a replacement free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationcharge. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive The remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term breach of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be limited to replacement of media and shall not encompass any other damages, including but not limited to loss of profits, special, incidental, consequential, or other similar claims. The Software and any accompanying written materials is provided "as provided by such reseller is" without warranty of any kind. FacetCorp does not guarantee or distributor, and TIBCO provides Customer no warranty with respect to such make any representations regarding Your use of this Software. EXCEPT AS SPECIFIED IN THIS The entire risk as to the quality, performance and results of this Software is with You. Should the Software be defective in any way, You (and not FacetCorp or their distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. FacetCorp SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED WARRANTYTO, THE SOFTWARE, MAINTENANCE IMPLIED WARRANTIES OF MERCHANTABILITY AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FacetCorp BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, NONINFRINGEMENTINCLUDING BUT NOT LIMITED TO SPECIAL, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGINCIDENTAL, USAGECONSEQUENTIAL, OR TRADE PRACTICEOTHER DAMAGES. The Software and documentation are provided with "RESTRICTED RIGHTS." Use, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim duplication or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued disclosure by the United States, Canada, Australia, Japan, or any member U.S. Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the European Union, or any copyright, or any trade secret of a third party; Rights in Technical Data and TIBCO will indemnify Computer Software clause in DFARS 252.227-7013. Rights for non-DOD U.S. Government Departments and hold Customer harmless from and against any damages, costs and fees reasonably incurred Agencies are set forth in FAR 52.227-19 (including reasonable attorneys' feesc) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof1,2). In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer FacetCorp reserves the right to continue conduct or have conducted audits to use verify Your compliance with this Agreement. This Agreement shall by governed by the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion laws of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability State of TIBCO with respect to the infringement of any intellectual property rightsTexas, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseUSA.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Synergis warrants that for a period of thirty the tangible media (30if any) days from the Purchase Date: (i) the media on which the Software is furnished will be is free of from defects in materials and workmanship under normal use; Load and (ii) Use during the warranty period and the Software will perform substantially conform as described in the documentation accompanying the Software. The warranty period is sixty (60) days and commences on the date the Software is delivered to its Documentationthe original end-user. This limited warranty extends applies only to the original Customer hereunderSoftware licensed from Synergis or through an authorized Synergis reseller or distributor. Customer's sole and exclusive remedy and the Synergis’ entire liability of TIBCO and its licensors your sole remedy under this limited warranty shall be that Synergis will beuse reasonable efforts to repair or replace the nonconforming media or Software. If such efforts fail, at TIBCO's option, repair, replacement, or Synergis shall (i) refund the price you paid for the Software upon return of the nonconforming Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentcopy of your receipt, or (eii) is used in violation of any provide such other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided remedy as may be required by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarelaw. EXCEPT AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTYAGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNERGIS AND ITS LICENSORS, SUPPLIERS, AFFILIATES AND RESELLERS PROVIDE THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED SOFTWARE "AS IS"" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, ALL EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE AND ABSENCE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWVIRUSES. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directlyCertain statutory provisions may imply warranties or conditions or impose obligations on Synergis that cannot be excluded or modified; if any such provisions apply, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it Synergis is based on a claim able, Synergis hereby limits its liability for breach of those provisions to, at Synergis’ sole option, replacement of the Software or reimbursement of the price paid for the Software. Synergis does not warrant that the unmodified Software infringes is error-free, that any patent issued by the United States, Canada, Australia, Japanerror or nonconformity can be remedied, or any member that access will be secure. The above warranties are exclusive. Replacement Software will be warranted for the remainder of the European Unionoriginal warranty period or thirty (30) days, whichever is longer. You acknowledge that the Software is not designed, manufactured or intended for use in the planning, construction, maintenance, control or operation of nuclear facilities, aircraft navigation, control or communication systems, weapons systems or life support systems. You are responsible for the supervision, management and control of the Load and Use of the Software, and output of the Software, including, but not limited to: (i) selection of the Software to achieve your intended results; (2) determining the appropriate uses of the Software and the output of the Software in your business; (3) establishing adequate independent procedures for testing the accuracy of the Software and any copyright, or any trade secret of a third partyoutput; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees4) that are attributable establishing adequate backup to such claim or action and which are assessed against Customer prevent the loss of data in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claima Software, litigation hardware, network, other software or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use system malfunction. Because the Software is inherently complex and may not be free of errors, you are advised to backup and verify your work. Synergis shall not be responsible or liable for the deletion, loss or failure to store any of your data or documents. Synergis’ limited warranty is void if breach of the warranty has resulted from (bi) replace accident, corruption, misuse or modify neglect of the Software; (ii) acts or omissions by someone other than Synergis; (iii) combination of the Software with functionally equivalent software. If such settlement products, material or modification is software not commercially reasonable provided by Synergis or not intended for combination with the Software; or (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice iv) failure by you to Customer, incorporate and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect use all updates to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSoftware available from Synergis.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO SKYWARD warrants that for a period of thirty (30) days from the Purchase Dateand represents that: (i) it will provide the media on which Services in a good, workmanlike and professional manner, consistent with standards in the Software is furnished will be free of defects industry, and as described in materials this Services Agreement, including the SOW, the Baseline Plan, the POs, and workmanship under normal useany approved SCRs; and (ii) the Software Deliverables will substantially conform to its Documentationthe descriptions in this Services Agreement, including the SOW, the Baseline Plan, the POs and any approved SCRs. Except for the foregoing, the Services Deliverables, and Licensed Software are provided AS IS. This limited warranty extends only to [LEA NAME] as the original Customer hereunderpurchaser and licensee. Customer's [LEA NAME]’s sole and exclusive remedy and the entire liability of TIBCO and its licensors SKYWARD under this limited warranty will be, at TIBCO's SKYWARD’s option, repairrepair or replacement of the Services, replacementDeliverables, or refund of Licensed Software. In no event does SKYWARD warrant that the Services, Deliverables, or Licensed Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofwill be error free or without problems or interruptions. This limited warranty does not apply to any Software which if [LEA NAME] has (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, failed to pay the annual License Fees due under the terms of this Services Agreement; (b) has failed to pay any Fees or other amounts due SKYWARD under the terms of this Services Agreement; or (c) if the Deliverables or Licensed Software: (1) have been altered or modifiedin any way, except by TIBCO, SKYWARD; (c2) has have not been be installed, operated, repaired, or maintained in accordance with instructions and specifications supplied by TIBCO, SKYWARD; or (d3) has have been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED SPECIFICED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOpayment of the fees for the applicable Term License (when due), then TIBCO warrants Licensor warrants, for your benefit only, that for a period of thirty three (303) days months from the Purchase Date: (i) the media date on which a Term License was delivered to you by Licensor (the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii“Warranty Period”) the Software will substantially conform to its shall operate materially in accordance with the Documentation. This limited warranty extends only to provided by Licensor during the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund Warranty Period shall not apply if (i) failure of the Software and applicable Maintenance feeshas resulted from accident, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply abuse, unauthorized use or misapplication; (ii) any modifications were made to the Software by you or any third party; (iii) the Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been properly installed, operated, repaired, repaired or maintained in accordance with the instructions supplied by TIBCO, Licensor; (div) has been subjected the Software was used on or in conjunction with hardware or software other than hardware and software with which the Software was designed to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is be used as described in violation the Documentation. In the event of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of this warranty by Licensor during the Warranty Period, Licensor's sole obligation and your sole remedy shall be, at Licensor’s sole discretion, to replace or repair the Software or component thereof that does not meet the foregoing on a timelimited warranty, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, according to the terms of any warranty shall the SLA (as defined below), free of charge. Warranty claims should be as provided by such reseller made within the Warranty Period. Any replacement or distributorrepaired component will be warranted for the remainder of the original Warranty Period or for a period of 30 days, and TIBCO provides Customer no warranty with respect to such Softwarewhichever is longer. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYFOR THE WARRANTY SET FORTH ABOVE, THE SOFTWARE, MAINTENANCE SOFTWARE IS LICENSED AND ANY SERVICES RENDERED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON AN "AS IS"" BASIS, AND LICENSOR HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, SATISFACTORY QUALITY ACCURACY, RELIABILITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWNON-INFRINGEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE LICENSOR DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSSHALL BE UNINTERRUPTED, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE OPERATION OF THE SOFTWARE WILL BE CORRECTED, ERROR FREE OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL IT SHALL MEET CUSTOMER'S YOUR REQUIREMENTS. NO TIBCO LICENSOR’S DEALER, DISTRIBUTORCHANNEL PARTNER, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. IndemnityTHIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. If Customer obtained the Software from TIBCO directlyFURTHER, then TIBCO agrees at its own expense to defend orTHE RESELLER IS NOT AUTHORIZED TO MAKE ANY PROMISES OR COMMITMENTS ON LICENSOR’S BEHALF, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseAND LICENSOR SHALL NOT BE BOUND BY ANY OBLIGATIONS TO YOU OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT.

Limited Warranty. If Customer obtained Except as otherwise stated in a separate agreement between Adobe and a Software licensee, Adobe warrants to the individual or entity that first purchases a license for the Software directly from TIBCO, then TIBCO warrants for use pursuant to the terms of this agreement that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will perform substantially conform to its Documentationin accordance with the corresponding user manual for the Software for the shorter period of (a) the ninety (90) day period or (b) License Term following receipt of the Software (“Warranty Period”) when used on the Compatible Computer. Non- substantial variation of performance from the user manual does not establish a warranty right. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software the following, which are made available AS-IS and without warranty from Adobe: (ai) is licensed for betapatches; (ii) font software; (iii) Pre-release Software, trial, starter, evaluation, testing or demonstration purposes product sampler, Evaluation Software, and not-for- resale copies of the Software; (iv) websites, Adobe Online Services; and Third Party Online Services; (v) Certified Document Services (see Section 16); and (vi) any software made available by Adobe for which TIBCO does not receive a license feefree via web download from an Adobe website. All warranty claims must be made, (b) has been altered or modifiedalong with proof of purchase, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) the Adobe Customer Support Department within such Warranty Period. Additional information on warranty claims is used in violation available at xxxx://xxx.xxxxx.xxx/go/support. The entire liability of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO Adobe and its affiliates related to a breach such warranty claim and Customer’s sole and exclusive remedy under any warranty will be limited to either, at Adobe’s option, support of the foregoing Software based on a timethe warranty claim, materialsreplacement of the Software, travelor, lodging and other reasonable expenses basis. If if support or replacement is not practicable at Adobe’s determination, refund of the license fee Customer obtained paid for the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software(if any). EXCEPT AS SPECIFIED THE LIMITED WARRANTY SET FORTH IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO SECTION GIVES CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"SPECIFIC LEGAL RIGHTS. CUSTOMER MAY CHOOSE HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY TIBCOLAW. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Please see Section 16 for jurisdiction-specific provisions or contact the Adobe Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSupport Department.

Limited Warranty. If Customer obtained AEGIS warrants that, for the Software directly from TIBCO, then TIBCO warrants that for a period duration of thirty (30) days the subscription from the Purchase Date: (i) date of acquisition, the media on which the Software is furnished Software, if operated as directed, will be free substantially perform in accordance with its documentation. AEGIS does not warrant, however, that Licensee's use of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to be uninterrupted or that the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund operation of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofwill be error‐free or secure. This warranty AEGIS does not apply to warrant the accuracy or reliability of any Software which (a) is licensed for betatest script resources, evaluationtest cases or test data entered by Licensee using the Software, testing nor does AEGIS warrant any product generated by Touchstone based upon the test cases or demonstration purposes for which TIBCO test data entered by Licensee. In addition, the security mechanisms implemented by the System have inherent limitations, and Licensee must determine that the System sufficiently meets Licensee's requirements. AEGIS does not receive a license feewarrant, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repairedtake responsibility, or maintained assume liability, for errors or disruption caused by viruses. AEGIS may honor a warranty‐related request, but only if Licensee informs AEGIS of Licensee's problem with the Software and provides evidence of the Licensee’s current active subscription to the Software. AEGIS will use reasonable commercial efforts, at its sole discretion, to repair, replace, or advise Licensee of AEGIS intended actions. AEGIS shall make all reasonable efforts to correct any problems with the System in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as herein, provided by such reseller or distributor, that Licensee purchases and TIBCO provides Customer no warranty with respect maintains an active support agreement pursuant to such Software. EXCEPT AS SPECIFIED IN Exhibit A. THIS IS A LIMITED WARRANTY, AND IT IS THE SOFTWAREONLY WARRANTY MADE BY AEGIS OR ITS SUPPLIERS. AEGIS MAKES NO OTHER WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. LICENSEE MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, SATISFACTORY QUALITY OR ARISING FROM A COURSE TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF DEALINGSTATUTORILY REQUIRED WARRANTIES, USAGEIF ANY, SHALL BE RESTRICTED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL ANY WARRANTIES PROVIDED BY LAW APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS EMPLOYEE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE AEGIS IS AUTHORIZED TO MAKE ANY MODIFICATIONSMODIFICATION, EXTENSIONS EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. IndemnityNEITHER LICENSEE, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES HAS ANY RIGHT TO MAKE ANY REPRESENTATION, WARRANTY OR PROMISE ON BEHALF OF AEGIS WITH RESPECT TO THE SOFTWARE. If Customer obtained IT IS EXPRESSLY FORBIDDEN FOR ANY USER, UNDER ANY CIRCUMSTANCES, TO TEST OR USE TO BE TESTED WITH, DATA THAT IS IN ANY WAY REPRESENTATIVE OF A REAL PERSON OR PATIENT, UNDER THE SYSTEM POLICY THAT NO INTERACTION IS PERMITTED WITH REAL PROTECTED HEALTH INFORMATION (PHI) OR PERSONALLY IDENTIFIABLE INFORMATION (PII). THE SYSTEM WILL NOT BE RESPONSIBLE FOR MONITORING DATA FOR THE PURPOSE OF IDENTIFYING PHI OR PII. IN THE EVENT THAT A SYSTEM USER DISCOVERS THAT PHI OR PII WAS INADVERTENTLY ADDED TO, OR USED BY, THE SYSTEM, A TOUCHSTONE SUPPORT TICKET SHOULD BE IMMEDIATELY OPENED BY THE USER IDENTIFYING THE PRESENCE OF SENSITIVE OR CONFIDENTIAL INFORMATION IN THE SYSTEM. Individuals in the Software from TIBCO directlyUK (United Kingdom), then TIBCO agrees at its own expense to defend orthe EU (European Union) or the EEA (European Economic Area) may have certain rights regarding collection, at its optiontransfer, to settleuse, any claim storage or action brought against Customer to processing of their personal information by virtue of General Data Protection Regulation (GDPR) or the extent it is based on a claim that the unmodified Software infringes any patent issued by UK Data Protection Act (DPA). Information processed solely in the United StatesStates may not offer the same level of protection as foreign privacy laws, Canadahowever, Australia, Japan, or any member the Federal Trade Commision (FTC) Act works in tandem with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to protect sensitive information from being disclosed without the individual’s consent. AEGIS observes the laws of the European Unionapplicable jurisdiction, or any copyrightincluding state Consumer protection requirements, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred such as the California Consumer Privacy Act (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereofCCPA). In no event compliance with HIPAA, the Touchstone team shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of follow its internal process to remediate any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion incidents of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasewhich it becomes aware.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO EMORY represents and warrants that for a period of thirty (30) days from the Purchase Dateto COMPANY that: (i) it has the media on which the Software is furnished will be free of defects in materials right and workmanship authority to enter into, execute, deliver and perform its obligations under normal use; and this Agreement, (ii) the Software will substantially conform to its Documentation. This limited warranty extends only except as and to the original Customer hereunder. Customer's sole extent limited by the U.S. Government License, and exclusive remedy to the best of its knowledge, it owns exclusively the Licensed Patents and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeLicensed Technology, (biii) has been altered or modifiedto the best of its knowledge, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term neither the execution of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to Agreement nor the performance of its obligations hereunder will constitute a breach of the foregoing on terms and provisions of any other agreement to which EMORY is a timeparty, materials(iv) except for the Licensed Patents licensed to COMPANY hereby, traveland as of the Effective Date of this Agreement, lodging EMORY neither owns or controls any patent or patent application whose claims would necessarily be infringed by the practice of the Licensed Patents or Licensed Technology, and other reasonable expenses basis. If Customer obtained the Software (v) EMORY (1) has not received any written notice from a TIBCO reseller Third Party alleging that the practice of the Licensed Patents or distributorLicensed Technology infringes any patent or other intellectual property right of such Third Party, the terms and (2) has no knowledge of any warranty shall infringement or, to the knowledge of Emory's Technology Transfer Office, possible infringement by a third party of the Licensed Patents as of the Effective Date of this Agreement. Except as otherwise provided in this Agreement, including, without limitation, this Section 9.1, EMORY does not warrant the validity of the Licensed Patents licensed hereunder and makes no representation whatsoever with regard to the scope of the Licensed Patents or that such Licensed Patents or Licensed Technology may be as provided exploited by such reseller COMPANY or distributor, and TIBCO provides Customer no warranty with respect to such Softwareits Affiliates or sublicensees without infringing other patents. EXCEPT AS SPECIFIED OTHERWISE PROVIDED IN THIS LIMITED WARRANTYAGREEMENT, EMORY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARELICENSED PATENTS, MAINTENANCE LICENSED TECHNOLOGY OR LICENSED PRODUCTS AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY OTHER IMPLIED WARRANTIES WITH RESPECT TO THE CAPABILITIES, NONINFRINGEMENTSAFETY, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEUTILITY, OR TRADE PRACTICECOMMERCIAL APPLICATION OF THE LICENSED PATENTS, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE LICENSED TECHNOLOGY OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseLICENSED PRODUCTS.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO The Company warrants that the Application shall perform substantially in accordance with the accompanying materials for a period of thirty ninety (3090) days from the Purchase Date: (i) the media on which the Software is furnished will be free date of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisreceipt. If Customer obtained the Software from a TIBCO reseller an implied warranty or distributorcondition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, the terms of any you also have an implied warranty shall be as provided by such reseller or distributorcondition, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT BUT ONLY AS SPECIFIED IN TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTYWARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED THERE IS NO WARRANTY OR CONDITION OF 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 you. Any supplements or updates to the Application, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. The Company makes no warranty on the accuracy of data produced by the Application, including without limitation, information relating to payroll, credit cards, or sales tax. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES. The terms of Section below ("Limitation of Liability/ Limitation of Remedies Such as Incidental, Consequential and Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE ABOVE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS PROVIDE THE APPLICATION AND SUPPORT SERVICES (IF ANY) “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES (IF ANY), DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOF ACCURACY OR COMPLETENESS OR RESPONSES, SATISFACTORY QUALITY OR ARISING FROM A OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, LACK OF NEGLIGENCE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, ARE HEREBY EXCLUDED ALL WITH REGARD TO THE EXTENT ALLOWED BY APPLICABLE LAWAPPLICATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE ALSO, THERE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH REGARD TO THE RESULTS APPLICATION, EXCEPT THE COMPANY WARRANTS THAT THE USE OR SALE OF THE APPLICATION WILL NOT INFRINGE THE CLAIMS OF ANY TRADEMARK, BUT DOES NOT WARRANT INFRINGEMENT BY REASON OF THE USE THEREOF IN COMBINATION WITH OTHER MATERIAL OR EQUIPMENT IN THE OPERATION OF ANY PROCESS. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, MAINTENANCE APPLICATIONS, SYSTEMS OR SERVICES OR THAT THE SOFTWARE WILL SERVICES, OPERATE WITHOUT ERRORSINTERRUPTION, PROBLEMS MEET ANY PERFORMANCE OR INTERRUPTIONSRELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR BUGS IN THE SOFTWARE DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR THAT ALL OF THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseYOU.

Limited Warranty. If Customer obtained you have purchased a license to use the Software directly and Documentation from TIBCOCheckmarx or an authorized reseller, then TIBCO Checkmarx warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which after initial delivery of the Software to you, the Software, when properly installed and used in accordance with the Documentation, is furnished will be free capable of defects operating in materials and workmanship under normal use; and (ii) substantial conformity with the Software will substantially conform to its Documentation. This Within a commercially reasonable time after Checkmarx's receipt of written notice from you specifying any breach of these limited warranty extends only to the original Customer hereunder. Customer's warranties, Checkmarx shall, in Checkmarx’s sole discretion and as your sole and exclusive remedy and the entire as Checkmarx's sole and exclusive liability for breach of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which warranty: (a) is licensed for beta, evaluation, testing deliver to you a workaround or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach correction of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third partynon- conformity; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software terminate this XXXX and assist with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion coordinating a prorated refund of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretopaid. The foregoing indemnity limited warranty set forth above shall not apply to the extent any infringement could have the Software: (a) is not used in accordance with the Documentation; (b) has been avoided modified without Checkmarx’s express authorization; (c) fails to function due to a malfunction of your equipment or IT infrastructure; or (d) fails to function due to third party software and/or hardware that is not provided or approved by use of the then-current releaseCheckmarx. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF CHECKMARX FOR BREACH OF WARRANTY. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. CHECKMARX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

Limited Warranty. If Customer obtained the Software directly from TIBCOUnless superseded by individual Product warranty terms formally set forth by Seller to Buyer in writing and/or included in Product Packaging, then TIBCO warrants that for Seller’s standard warranty terms shall be limited to those set forth in this paragraph. For a period of thirty one (301) days from year after shipment of the Purchase Date: (i) Product, Seller will at its option repair or replace on an exchange basis any Product or component part thereof returned to Seller to be defective in material or workmanship. All costs associated with the media on which transportation, troubleshooting, installing or removing the Software is furnished Product or component part thereof shall be paid by Buyer. Repair or replacement of any Product or component thereof will be free of defects in materials and workmanship under normal use; and (ii) not extend the Software will substantially conform to its Documentationoriginal warranty period. This limited warranty extends only to the original Customer hereunder. Customer's sole Buyer and exclusive remedy is not transferable to any other party and the entire liability any transfer made in violation of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement provision shall terminate upon refund thereofbe void. This limited warranty does not apply to any Software Product or component which (i) has been subject to misuse, neglect, accident or improper storage; (ii) has been installed, repaired, maintained or altered in any way that in the judgment of Seller has adversely affected the condition of the Product; (iii) has been used, operated or maintained inconsistent with Seller recommendations or with normal practice and conditions, or (iv) has been changed or modified from its original condition. For consumable Product components such as reagents, this limited warranty shall be modified as follows: (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, the unopened shelf life shall be the expiration date marked on the packaging; (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty opened shelf life shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN 1 day from the date the product packaging is opened; THIS LIMITED WARRANTYWARRANTY IS ONLY A LIMITED WARRANTY TO REPAIR OR REPLACE AND NOT A WARRANTY OF THE CONDITION OR FUTURE PERFORMANCE OF THE PRODUCT. ALL OTHER WARRANTIES, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES SPECIFICALLY INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. BUYER WAIVES AND IN NO EVENT WILL SELLER BE RESPONSIBLE FOR ANY INCIDENTAL, NONINFRINGEMENTCONSEQUENTIAL, SATISFACTORY QUALITY INDIRECT, SPECIAL, PUNITIVE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS EXEMPLARY DAMAGES OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSKIND. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense No person is authorized to defend or, at its option, give any other warranty or to settle, assume any claim additional obligation or action brought against Customer to the extent it is based liability on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member behalf of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereofSeller. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In will Seller’s liability hereunder exceed the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion purchase price of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationdefective Product. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity limited warranty shall not apply if Buyer has unpaid invoices. Buyer agrees that the warranty disclaimer and limited liability set forth herein are fundamental elements of this Agreement and Seller would not be able to provide the extent any infringement could have been avoided by use of the then-current releaseProduct on an economic basis without such limitations.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO SPS warrants that for a period of thirty sixty (3060) calendar days from the Purchase Date: (i) date of delivery to Buyer, the media on which the Software is furnished goods will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only their description as stated in the invoice, subject to tolerances and variations consistent with the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beusual trade practices regarding dimensions, at TIBCO's optionstraightness, repairsection, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributorcomposition, and TIBCO provides Customer no warranty mechanical properties and normal variations in surface and internal conditions and quality, .and shall also be subject to deviations from tolerances and variations consistent with respect to such Softwarepractical testing and inspection methods. EXCEPT AS SPECIFIED IN THIS LIMITED SPS MAKES NO OTHER WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSBY OPERATION OF LAW OR OTHERWISE, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, USAGE OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY EXCLUDED TO EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. FOREGOING, SPS MAKES NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR KIND THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES GOODS WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT BUYER’S OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained OTHER PERSON’S REQUIREMENTS SPS's sole obligation under the Software from TIBCO directly, then TIBCO agrees at its own expense foregoing warranty will be limited to defend oreither, at its SPS's option, replacing or repairing the defective goods or refunding the purchase price paid for such goods previously paid by Buyer, and Buyer's exclusive remedy for breach of any of such warranty will be enforcement of such obligation of SPS. The limited warranty will not extend to settlegoods subjected to misuse, abuse, neglect, damage, accident, or improper installation or maintenance or which have been altered or replaced by anyone other than SPS or its authorized representative. SPS shall not be liable on any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United Statesfor defective goods, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable made within sixty (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty 60) calendar days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could after such goods have been avoided received by use of the then-current releaseBuyer.

Limited Warranty. If Customer obtained Subject to Section 20 (Limitations of Liability) below and the Software directly from TIBCOother provisions of this Section 8, then TIBCO Seller warrants that the ECS sold by Seller shall be free from defects in material and workmanship under normal use and service for a period of thirty [**] (30[**]) days months from the Purchase Date: date the ECS are put into service (i) the media on which the Software is furnished but in case of PM 3000, it will be free [**] ([**]) months) or [**] ([**]) months from the date of defects delivery, whichever occurs first, on the condition that payment as provided in materials Section 3 is made and workmanship under normal use; received in full and (ii) the Software will substantially conform to its Documentationwithout delay. This limited warranty extends only to the original Customer hereunder. Customer's Seller’s sole obligation and Buyer’s exclusive remedy and under this warranty shall be for Seller, at its sole choice, to repair or replace any parts or, as the case may be, the entire liability ECS proven to be defective within the stated warranty period. Repair or replacement of TIBCO and its licensors parts under this limited warranty will beshall be done on DDP AMSC India basis. If any ECS for which Buyer has requested warranty service is not eligible for warranty service due to any reason, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at TIBCO's option, repair, replacement, Seller’s then prevailing time and materials rates. The warranty for any repaired or refund replaced parts shall be the balance of the Software and otherwise applicable Maintenance fees, in which event this End User License Agreement warranty period. The above warranty shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing ECS or demonstration purposes for which TIBCO does not receive a license fee, (b) has ECS-related equipment that have been repaired or altered or modified, except other than by TIBCO, (c) has not been installed, operated, repairedSeller, or maintained other than in accordance with operating manuals or instructions supplied issued to the Buyer by TIBCO, (d) has the Seller’s helpdesk in writing; which have been subjected subject to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarewhich operating manual instructions/recommendations issued to the Buyer by the Seller’s helpdesk in writing have not been followed; or for which recommended preventative maintenance has not been performed. EXCEPT AS SPECIFIED The above warranty also shall not apply to defects caused by normal wear or any equipment that is experimental, developmental or supplied for evaluation purposes. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN THIS LIMITED WARRANTYLIEU OF ALL OTHER WARRANTIES BY SELLER, THE SOFTWAREEXPRESSED OR IMPLIED, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"ORAL OR WRITTEN, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO . NOTHING IN THIS PARAGRAPH SHALL AFFECT THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS INDEMNITY IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSECTION 6.