Common use of Limited Warranty Clause in Contracts

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty. a. Mindjet warrants that the media on which You may obtain without payment a license to evaluate the Software for a period of thirty days. By paying a license fee you agree that you have evaluated the Software to your satisfaction and you agree that no refund of the license fee is distributedavailable except as specifically provided by this Agreement. If You have paid a license fee for the Software, if applicablethen for a period of ninety (90) days from the date of receipt of the Software, Saxonica warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Saxonica will be free from defectsdefects in materials and workmanship. Saxonica's, and that its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Saxonica's option, either (i) return of the price paid, or (ii) repair or replacement of the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, meet Saxonica's Limited Warranty. This Limited Warranty is void if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use failure of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationresulted from accident, alterationabuse, or addition has been made to the misapplication. Any replacement Software will be warranted for an additional ninety (90) days. Neither these remedies nor any product support services offered by persons other than Mindjet or its Saxonica are available without proof of purchase from an authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsource. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYFOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND SAXONICA MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET SAXONICA, AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE SUPPLIERS AND IN LIEU OF RESELLERS, DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE EVEN IF THAT PURPOSE HAS BEEN NOTIFIED BY YOU TO SAXONICA, TITLE, QUIET ENJOYMENTAND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND NONINFRINGEMENT THE PROVISION OF INTELLECTUAL PROPERTY OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. MINDJET DOES NOT WARRANT THAT YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. PRODUCT SPECIFICATIONS PUBLISHED BY SAXONICA, INCLUDING STATEMENTS REGARDING THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION CONFORMANCE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPRODUCT TO EXTERNALLY PUBLISHED SPECIFICATIONS, OR THAT DEFECTS ARE MADE IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS GOOD FAITH BUT DO NOT ALLOW THE EXCLUSION CONSTITUTE PART OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUANY CONTRACT.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributedSUPPLIER WARRANTS FROM THE DATE OF DELIVERY FOR A PERIOD OF ONE YEAR, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawTHAT ALL PRODUCTS ARE FREE FROM MANUFACTURING DEFECTS WITHIN THE LIMITS OF THE APPLICABLE SPECIFICATIONS. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THIS IS THE PRECEDING EXPRESS LIMITED WARRANTY, EXCLUSIVE WARRANTY MADE WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPRODUCTS AND ALL IMPLIED WARRANTIES, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY INCLUDING ALL WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS MERCHANTABILITY OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT ARE HEREBY DISCLAIMED. ANY CLAIM FOR A BREACH OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EXPRESS WARRANTY MUST BE MADE IN WRITING WITHIN ONE YEAR OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE DATE OF SHIPMENT OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL PRODUCT. DAMAGES FOR BREACH OF WARRANTY SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT BY SUPPLIER. SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY DELAYSOTHER DIRECT, DELIVERY FAILURESINDIRECT, CONSEQUENTIAL, OR OTHER DAMAGE RESULTING FROM INCIDENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR ANY SUCH PROBLEMSLABOR EXPENDED IN REPLACING THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERIf Buyer believes any Product is non-conforming or was shipped to Buyer in error, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUthen Buyer shall give Supplier prompt written notice of the alleged defect or error within 10 days of receipt of the Product. Supplier’s sole obligation under the foregoing warranties shall be limited to replacing the non-conforming Product. At Supplier’s election, Buyer shall return the Product to Supplier (at Supplier’s expense), make the Product available for inspection by Supplier or its agents at Buyer’s place of business, or destroy the Product (before or after the date of any inspection at Supplier’s expense). Buyer’s exclusive remedy for breach of any of such warranties will be enforcement of such obligation of Supplier. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from Supplier, including Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its authorized representative or modifications to or adaptations of the Product made by Buyer or others. Supplier shall not be liable on any claim for non-conforming Product that is not made within ten (10) days after such Product has been received by Buyer.

Limited Warranty. a. Mindjet warrants YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the media on which the Font Software is distributedsupplied without any warranty that the Font Software is free of all bugs, if applicable, will be free from defectserrors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for a breach defective Font Software is, upon return of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes the defective Font Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum provider of the Product, either and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, 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 you. To the greatest extent permitted by applicable law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYSome jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWso such limitations or exclusions may not apply to you. In those jurisdictions, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDyou agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESThis warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORthe Font Software is non-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUreturnable and nonrefundable.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYSERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY PERMITED UNDER APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF BLACKBOARD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXXINCLUDING BUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND/OR QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT NEITHER BLACKBOARD NOR ITS LICENSORS WARRANT THAT THE SOFTWARE FUNCTIONS OR INFORMATION CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ANY REQUIREMENTS OR ERROR-FREENEEDS CUSTOMER MAY HAVE, OR THAT DEFECTS IN THE SOFTWARE SERVICE WILL BE CORRECTEDOPERATE ERROR FREE OR WITHOUT INTERRUPTION. THE SOFTWARE MAY BE SUBJECT BLACKBOARD AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OR OF ACCURACY OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSCONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE. In the event of the Service’s failure to comply with this Agreement, DELIVERY FAILURESthe Customer’s sole remedy shall be to terminate the Agreement. The Customer acknowledges and agrees that the Service is not intended, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSnor designed, for use in high risk activities, or in any situation where failure of the Service could lead to death, personal injury, or damage to property, or where other damage could result if an error occurred and the parties further agree that, to the extent not prohibited by applicable law, Blackboard shall not be liable for any death, personal injury or damage to property. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERThe Customer also acknowledges and agrees that the primary recourse of the Customer in the event of any actual or potential threat to person or property should be to contact First Responder Services and that the Service is not intended to replace First Responder Services, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUor to be used for communicating with, or replace notification to, or interoperate directly with, First Responder Services, which should have already been notified and deployed prior to using the Service.

Limited Warranty. a. Mindjet Subject to the limitations of Section 7, Seller warrants that the media on which Software will execute the Software is distributed, if applicable, programming instructions provided by Seller and that the Goods manufactured by Seller will be free from defectsdefects 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, and unless otherwise specified by Seller in writing. Seller does not warrant that the operation of the Software shall conform substantially 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 description 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 its Documentation when used the selection or design of the Goods and the preparation of Seller’s quotation, and in a Supported Environment for the first 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 after Xxxxx’s discovery of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this any warranty will be that Mindjet will replace any defective media returned to Mindjet defects within the warranty period. If the Software does not substantially conform to the description , Buyer notifies Seller thereof in its Documentationwriting, your sole remedy will be that Mindjet Seller shall, at its option and its sole discretionas Buyer’s exclusive remedy, repair, correct the defects in the Software or replace F.O.B. point of manufacture, or refund the defective licensed softwarepurchase price for, andthat portion of the Goods found by Seller to be defective. Failure by Buyer 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. All costs of dismantling, if Mindjet reinstallation and freight and the time and expense of 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 unable longer. Buyer assumes all other responsibility for any loss, damage, or injury to make persons or property arising out of, connected with, or resulting from the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and Goods, either alone or in accordance combination with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUproducts/components.

Limited Warranty. a. Mindjet warrants In accordance with the terms and conditions of this 2-5-10 Limited Warranty, and except as excluded or disclaimed in this document, FLIR warrants, from the Purchase Date, that the media on which the Software is distributed, if applicable, all Qualifying Products will conform to FLIR’s published Product specifications and be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in materials and workmanship during the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodapplicable Warranty Period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED PURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY, AT FLIR’S SOLE DISCRETION, IS THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS IN A MANNER, AND BY A SERVICE CENTER, AUTHORIZED BY FLIR. IF THIS REMEDY IS ADJUDICATED TO BE INSUFFICIENT, FLIR SHALL REFUND PURCHASER’S PAID PURCHASE PRICE AND HAVE NO OTHER OBLIGATION OR LIABILITY TO BUYER WHATSOEVER. 5. WARRANTY EXCLUSIONS AND DISCLAIMERS. FLIR MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDPRODUCTS. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTPURPOSE (EVEN IF PURCHASER HAS NOTIFIED FLIR OF ITS INTENDED USE FOR THE PRODUCTS), AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSNON-INFRINGEMENT ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT. MINDJET DOES NOT WARRANT THAT THIS WARRANTY EXPRESSLY EXCLUDES ROUTINE PRODUCT MAINTENANCE AND SOFTWARE UPDATES. FLIR FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE SOFTWARE WILL MEET YOUR REQUIREMENTSALLEGED NONCONFORMITY IS DUE TO NORMAL WEAR AND TEAR OTHER THAN BATTERIES AND SENSORS, THAT THE OPERATION ALTERATION, MODIFICATION, REPAIR, ATTEMPTED REPAIR, IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT, ABUSE, IMPROPER STORAGE, FAILURE TO FOLLOW ANY PRODUCT INSTRUCTIONS, DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), OR ANY OTHER IMPROPER CARE OR HANDING OF THE SOFTWARE WILL BE UNINTERRUPTED PRODUCTS CAUSED BY ANYONE OTHER THAN FLIR OR ERROR-FREEFLIR’S EXPRESSLY AUTHORIZED DESIGNEE. THIS DOCUMENT CONTAINS THE ENTIRE WARRANTY AGREEMENT BETWEEN PURCHASER AND FLIR AND SUPERSEDES ALL PRIOR WARRANTY NEGOTIATIONS, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDAGREEMENTS, PROMISES AND UNDERSTANDINGS BETWEEN PURCHASER AND FLIR. THE SOFTWARE THIS WARRANTY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW ALTERED WITHOUT THE EXCLUSION EXPRESS WRITTEN CONSENT OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUFLIR.

Limited Warranty. a. Mindjet For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the media on which the Software is distributedEquipment (excluding HVAC filters, if applicablefire extinguishers, will be free from fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty malfunctions, or leaks within two (302) business days of the License Termoccurrence thereof. In any event, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event liability of a breach of this warranty will Lessor shall be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform limited solely to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the repairing of defects in the Software Equipment. Lessor shall have no liability for the repair of any defect or replace condition resulting from Xxxxxx’s relocation of the defective licensed softwareEquipment, andutilities connection, if Mindjet is unable to make alteration of the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsEquipment, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationEquipment for a purpose for which it was not intended, alterationvandalism, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice misuse of the non-conformity within Equipment, excessive wear and tear, failure to properly maintain the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityHVAC system and/or failure to provide timely notice to Lessor. The foregoing excludes Software made available repair of the Equipment by Mindjet at no charge, including without limitation Lessor due to a defect or condition resulting from any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind the preceding causes shall result in additional charges to the maximum extent permitted by applicable lawLessee. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS SPECIFICALLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET LESSOR DISCLAIMS ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR IN REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT WITHOUT LIMITING THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION GENERALITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEFOREGOING, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSTHERE ARE NO CONDITIONS, DELAYSCOVENANTS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSAGREEMENTS, DELIVERY FAILURESREPRESENTATIONS, WARRANTIES OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE EXCLUSION OF IMPLIED WARRANTIES SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH XXXXXX AND LIMITATIONS MAY NOT APPLY TO YOUXXXXXX.

Limited Warranty. a. Mindjet Chaos warrants that that, as of the media date on which the Software Product is distributeddelivered to You and for ninety (90) days thereafter or if the Subscription term is shorter, such shorter period (“Warranty Period”), the Product will provide the general features and functions described in the Documentation. Chaos’s and its Affiliates’ entire liability and Your exclusive remedy during the Warranty Period (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be excluded or limited under law, at Chaos’s option, (i) to attempt to correct or work around errors, if applicableany, will be free from defectsor (ii) to refund the fees, if any, paid by You and that terminate this Agreement or the Software shall conform substantially license specific to such Product. Such refund is subject to the description in its Documentation when used in a Supported Environment for return, during the first thirty (30) days Warranty Period, of the License Term, unless otherwise required by Chaos applicable lawpolicy further information of which may be received from Your Chaos Representative. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodTHE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodYOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, CHAOS DOES NOT SEEK TO THE MAXIMUM LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY APPLICABLE MANDATORY LAW. THIS LIMITED WARRANTY DOES NOT APPLY TO OFFERINGS NOT PART OF THE PRODUCT, MINDJET WHICHCHAOS OR ITS AFFILIATES, AT THEIR SOLE DISCRETION, MAY PROVIDE FROM TIME TO TIME, AND ITS LICENSORS PROVIDE THE SOFTWARE WHICH ARE MADE AVAILABLE ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES WARRANTY OF ANY KINDKIND INCLUDING, NOT LIMITED TO PRE-RELEASED SOFTWARE, UNSTABLE VERSIONS, BETA, TRIAL, EVALUATION, OR NOT-FOR-RESALE COPIES, ANY OFFERINGS MADE AVAILABLE BY CHAOS OR ITS AFFILIATES FOR FREE. THE ABOVE THIS LIMITED WARRANTY IS EXCLUSIVE AND VOID IF FAILURE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS PERFORMANCE OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION DEFECT OF THE SOFTWARE WILL BE UNINTERRUPTED PRODUCT RESULTED FROM YOUR NEGLIGENCE, ABUSE, MISUSE, AMENDMENT OR ERROR-FREEATTEMPTED AMENDMENT OF THE PRODUCT FROM THIRD PARTY OTHER THAN CHAOS OR ITS AFFILIATES, ACCIDENT, IMPROPER OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE UNAUTHORIZED USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT PRODUCT OR MATERIAL BREACH OF THIS AGREEMENT. ALL WARRANTY CLAIMS MUST BE RESPONSIBLE FOR ANY DELAYSMADE WITHIN THE WARRANTY PERIOD TO THE RESELLER FROM WHICH YOU ACQUIRED THE PRODUCT OR TO CHAOS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ALONG WITH PROOF OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUACQUISITION.

Limited Warranty. a. Mindjet If you are obtaining access to the System directly from the Company (and not a Company Partner), then the Company warrants that, when used with a recommended hardware configuration, the System will perform in substantial conformance with the documentation supplied with the System. Your exclusive remedy under the preceding limited warranty is to report the noncompliance to the Company, upon which the Company will use reasonable commercial efforts to correct the non-conformance so that the media on which System substantially conforms to the Software is distributedforegoing warranty, or, if applicable, will be free from defects, and that Company is not able to correct the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first non-conformance within thirty (30) days after receipt of your report, terminate your subscription and refund to you a pro rata portion of your subscription fee for the unearned portion of your subscription to the System. Any misuse, accident, abuse, modification or misapplication of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty System will be that Mindjet will replace any defective media returned to Mindjet within void the warranty periodabove. If the Software does not substantially conform to the description in its DocumentationTHIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SYSTEM. IF YOU ARE OBTAINING ACCESS TO THE SYSTEM FROM OR THROUGH A COMPANY PARTNER, your sole remedy will be that Mindjet shallYOU MUST REPORT AND PROVIDE ANY WARRANTY CLAIMS DIRECTLY TO SUCH COMPANY PARTNER, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawAND YOU WAIVE ANY RIGHT TO MAKE ANY WARRANTY CLAIM DIRECTLY AGAINST THE COMPANY. EXCEPT FOR AS EXPRESSLY STATED HEREIN, THE PRECEDING SYSTEM IS PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN WE DISCLAIM ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. IN ADDITION, TITLE, QUIET ENJOYMENTYOU ACKNOWLEDGE THAT THE INTEROPERABILITY OF THE SYSTEM WITH THIRD-PARTY SYSTEM OR DEVICES MAY BE DEPENDENT ON THE ACTIONS OF THIRD PARTIES THAT ARE BEYOND THE COMPANY’S CONTROL, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSFOR WHICH THE COMPANY ASSUMES NO LIABILITY. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSWe will have no responsibility for any harm to your computer system, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEloss or corruption of data, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDor other harm that results from your access to or use of the System. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSSome states do not allow the types of disclaimers in this paragraph, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso they may not apply to you.

Limited Warranty. a. Mindjet IMS warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software Products sold to Maxtor shall conform substantially to the description in its Documentation when used in corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a Supported Environment for period of twelve (12) months from the first thirty (30) days date of the License Term, unless otherwise required receipt by applicable lawMaxtor. If the media is defective, your sole remedy in the event of a breach The materials portion of this warranty will shall not apply to the extent of defects in the Product directly attributable to the failure of any Materials consigned or supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the Products must be that Mindjet will replace any defective media returned to Mindjet within received by IMS no later than fifteen (15) days after the expiration of the warranty period. If the Software The warranty does not substantially conform extend to any Products (i) which have been subjected to misuse, neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodProduct. This is your IMS' sole and exclusive remedy for a breach obligation with respect to defective Products returned under warranty shall be, at IMS' option, repair or replacement thereof or refund of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDpurchase price. THE ABOVE EXPRESS WARRANTY IS AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. IMS MAKES, AND IN LIEU OF HAS MADE, NO OTHER WARRANTIES TO MAXTOR, AND IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXXMANNER OR FORM WHATSOEVER, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSTHIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17 ("INDEMNIFICATION")). MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSMaxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEwhere Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsituations where the Product unit has been abused or damaged by persons other than IMS).

Limited Warranty. a. Mindjet warrants that Enel X will provide the media on which JuiceBox in material conformance with the Software is distributed, if applicable, will be free from defects, JuiceBox description published at xxxxx://xxxxxxxxxx.xxxxx.xxx/privacy-policy and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within accordance with the warranty periodterms published at xxxxx://xxxxxxx.xxxxxxxxxxx.xxx/hc/en- us/articles/360000548291-Limited-Warranty-United-States-. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shallEnel X, at its option sole expense and its as your sole discretionremedy, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such will use commercially reasonable effortsefforts to correct any material non-conformance within sixty (60) days after Enel X receives written notice from you that includes information sufficient to permit Enel X to diagnose and cure the non- conformance. For warranty service, to discontinue your use contact us at xxxxxxx@xxxxxxxxxxx.xxx or by calling us at 844.584.2329. You acknowledge and agree that the JuiceBox, the JuiceNet Software, and the JuiceNet Dashboard are complex with a variety of the licensed software dependencies, and terminate your license to the Software as such, Enel X cannot guarantee that they will be provided thatwithout error or interruption. Enel X’s warranty obligations are expressly subject to: (a) the JuiceBox, JuiceNet Software has been properly installed and JuiceNet Dashboard being used at all times and in accordance with this Agreement, the applicable product and service descriptions, and any other instructions in its Documentationprovided by Enel X; and (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives you providing written notice to Enel X of the non-conformity within the warranty period. This is your sole and exclusive remedy for a any alleged breach of this limited warranty and Mindjet’s sole and entire liabilitypromptly after you become aware of it. The foregoing excludes Software made available by Mindjet at no chargeOTHER THAN AS EXPRESSLY SET FORTH IN THIS SECTION 7, including without limitation any trial or NFR (not for resale) license or subscription or JUICEBOX, JUICENET SOFTWARE AND JUICENET DASHBOARD ARE PROVIDED “readerAS IS” or “guest” accountAND AS AVAILABLE, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED AND ENEL X AND ITS SUPPLIERS AND LICENSORS MAKES NO AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWWRITTEN OR ORAL, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESEXPRESS, WHETHER EXPRESS IMPLIED OR IMPLIED, STATUTORY, WITH RESPECT TO JUICEBOX, JUICENET SOFTWARE OR IN ANY OTHER PROVISION OF THIS XXXXJUICENET DASHBOARD, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, QUIET ENJOYMENT, AND OR ANY WARRANTY OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT , IN EACH CASE, TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON FULLEST EXTENT PERMITTED BY APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULAW.

Limited Warranty. a. Mindjet Monotype Imaging warrants to you that the media on Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a warranty claim, you must, within the ninety (90) day warranty period, return the Font Software to the location from which the you obtained it along with a copy of your receipt or, if such Font Software is distributedacquired on-line, if applicable, will be free from defects, and that contact the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days on-line provider with sufficient information regarding your acquisition of the License Term, unless otherwise required by applicable lawFont Software so as to enable Monotype Imaging to verify the existence and date of the transaction. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Font Software does not perform substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its documentation, the instructions in its Documentation; (b) no modificationentire, alterationexclusive, or addition has been made and cumulative liability and remedy shall be limited to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice refund of the non-conformity within license fee you paid to Monotype Imaging to obtain delivery of the warranty periodFont Software. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityMONOTYPE IMAGING DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE IMAGING'S BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER MONOTYPE IMAGING MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE IMAGING BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype Imaging’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or THE SERVICES AND PRODUCTS ARE PROVIDED “readerAS IS” or AND ON AN “guestAS AVAILABLE” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYBASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE MANDATORY LAW, MINDJET RAVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. KIND OR NATURE, RELATING TO THE ABOVE WARRANTY IS EXCLUSIVE SERVICES AND IN LIEU OF ALL OTHER WARRANTIESPRODUCTS, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR IN INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENTDATA ACCURACY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREESATISFACTORY QUALITY, OR THAT THE ABSENCE OF ANY DEFECTS IN THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY RAVE ON THE SOFTWARE WILL BE CORRECTEDBASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSRave does not warrant that the Services or Products will meet Client’s or any Designated Institution’s requirements, DELAYSthat the operation thereof will be uninterrupted or error-free, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSor that all errors will be corrected. Without limiting the foregoing, DELIVERY FAILURESthe Client acknowledges and agrees that (i) Rave cannot guarantee the performance of any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS(ii) delivery of any messages or any information regarding End Users in connection with the operation or use of the Services is not guaranteed and neither Rave nor any Third Party Service Provider or Emergency Service Provider shall be responsible for any failure of delivery, and (iii) Rave shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERClient acknowledges and agrees that the Services and Products are not intended to replace the services of primary safety and emergency response services, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUincluding without limitation, 911 or equivalent, fire, police, emergency medical and public health services (collectively, “Emergency Service Providers”).

Limited Warranty. a. Mindjet Quadralay warrants that the media on which the Software is distributed, if applicable, will be free from defects, and to you that the Software shall conform will perform substantially to in accordance with the description in its Documentation when used in a Supported Environment for the first thirty (30) days day period following your receipt of the License TermSoftware. To make a warranty claim, unless otherwise required by applicable law. If you must return the media is defectiveSoftware to the location where you obtained it, or if you downloaded it, provide affirmation in writing that you have destroyed all copies of the Software and Documentation, along with a copy of your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet sales receipt within the warranty such thirty (30) day period. If the Software does not perform substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alterationthe entire and exclusive liability and remedy shall be limited to either, or addition has been made to at Quadralay's option, the replacement of the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice the refund of the non-conformity within license fee you paid for the warranty periodSoftware. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityQUADRALAY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR QUADRALAY'S OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET QUADRALAY AND ITS LICENSORS PROVIDE SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. QUADRALAY PROVIDES THE SOFTWARE WITHOUT SOFTWARE, DOCUMENTATION AND SUPPORT SERVICES, IF ANY, AS IS AND WITH ALL FAULTS. Some states or 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 you. To the extent permissible, any implied warranties that cannot be excluded are limited to DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY (THIRTY (30)] DAYS); AS TO ANY WARRANTIES DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSThis warranty gives you specific legal rights. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUYou may have other rights which vary from state to state or jurisdiction to jurisdiction.

Limited Warranty. a. Mindjet Good warrants that during the media on which Warranty Period the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description specifications set forth in its Documentation, your Good’s relevant documentation. The “Warranty Period” begins on the date Good makes the Software available for electronic download by Customer and ends ninety days later. Customer's sole and exclusive remedy under this limited warranty will be that Mindjet shallbe, at its option and its sole discretionGood's option, correct the defects in repair or replacement of the Software or replace the defective licensed software, andor, if Mindjet repair or replacement is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsnot feasible, to discontinue your use refund of the licensed software and terminate your license to applicable fees paid. This warranty does not apply if the Software provided thatSoftware: (a) the Software is licensed for beta, evaluation, testing or demonstration purposes; (b) has been properly installed and used at all times and altered, except by Good; (c) has not been installed, operated, repaired, or maintained in accordance with the instructions in its Documentationrelevant documentation; or (bd) no modification, alteration, or addition has been made to used in conjunction with Customer or third party software, accessories, products, services or ancillary or peripheral equipment and the problem is the result of such use and not of the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty perioditself. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN DESPITE ANY OTHER PROVISION OF THIS XXXXAGREEMENT, GOOD MAKES NO WARRANTY WITH RESPECT TO BANDWIDTH OR COMMUNICATION WITH YOU INCLUDING ANY THIRD PARTY HARDWARE, SOFTWARE AND SERVICES. GOOD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT LIMITATION INTERRUPTION. EXCEPT AS EXPRESSLY GRANTED IN THIS AGREEMENT, THE SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, GOOD EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THIS LICENSE BY LAW, STATUTE, COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE. SPECIFICALLY, AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEDESIGN, QUIET ENJOYMENTMERCHANTIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSARE EXPRESSLY DISCLAIMED. MINDJET DOES NOT WARRANT THAT TO THE SOFTWARE WILL MEET YOUR REQUIREMENTSEXTENT AN IMPLIED TERM, THAT CONDITION OR WARRANTY CANNOT BE EXCLUDED OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUWARRANTY PERIOD.

Limited Warranty. a. Mindjet warrants that Cummins shall perform the media on which Services in a reasonable and workmanlike manner. Parts and components purchased or supplied under this Agreement are governed by the Software express written manufacturers’ warranty. No other warranty for parts or components supplied during Services provided under this Agreement is distributed, if applicable, will provided under this Agreement. All Services shall be free from defectsdefects in workmanship for a period of ninety (90) days after completion of Services. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (“Warrantable Defect”), and that Cummins’ obligation shall be solely limited to correcting the Software Warrantable Defect. Cummins shall conform substantially correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the description in its Documentation when used in a Supported Environment for warranty period; (ii) Cummins receives written notice of the first Warrantable Defect within thirty (30) days of the License Term, unless otherwise required following discovery by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representativeCustomer; and (ciii) Mindjet receives written notice Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the non-conformity within original warranty of the Services. New parts supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made period still available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without from the original warranty of any kind to the maximum extent permitted by applicable lawsuch parts. THE REMEDIES PROVIDED IN THIS LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS AND CUMMINS INC. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT FOR THE PRECEDING EXPRESS AS SET OUT IN THIS LIMITED WARRANTYWARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET CUMMINS AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES CUMMINS INC. EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE OR NON-INFRINGEMENT AND ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE8. INDEMNIFICATION. Customer shall indemnify, TITLEdefend and hold harmless Cummins and Cummins Inc. from and against any and all claims, QUIET ENJOYMENTactions, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTScosts, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins and/or Cummins Inc. related to or arising out of this Agreement or the Services, or parts supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSCustomer shall present any Claims covered by this indemnity, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUincluding any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.

Limited Warranty. a. Mindjet GW warrants that the media on which the Software is distributedthat, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in for a Supported Environment for the first period of thirty (30) days from the date of delivery of the License TermGW Product (the “Warranty Period”), unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not it shall perform substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your Subscriber‟s sole and exclusive remedy for a any breach of this limited the foregoing warranty and Mindjet’s shall be to have GW or its representatives, at their option, modify such GW Product to correct the defect giving rise to such breach within a reasonable period. If GW is unable to modify the defective GW Product in such a way as to correct the said defect, then, unless GW is able to provide Subscriber with another method of achieving the desired effect, GW shall be entitled to terminate the Agreement by giving written notice thereof. In such event, Subscriber shall be entitled to a refund, of any subscriber fees paid by Subscriber to GW for such defective GW Product. GW warrants that it will perform any Professional Services purchased hereunder in a manner consistent with industry standards reasonably applicable to the performance of such services. As Subscriber‟s sole and entire liability. The foregoing excludes Software made available by Mindjet exclusive remedy, and GW‟s sole liability for any breach of the preceding warranty, GW shall re-perform such services at no additional charge. If the Professional Services are not performed as warranted or the work product does not so comply, including without limitation then, upon Subscriber‟s written request, GW shall promptly re- perform, or cause to be re-performed, such Professional Services, at no additional charge to Subscriber. Such warranties and other obligations shall only survive for thirty (30) days following the completion of the Professional Services. Such re-performance shall be Subscriber‟s exclusive remedy and GW‟s sole liability for any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawsuch non-performance. EXCEPT FOR THIS LIMITED WARRANTY THE PRECEDING EXPRESS LIMITED WARRANTYGW PRODUCTS ARE PROVIDED TO SUBSCRIBER “AS IS.” THIS WARRANTY IS GIVEN IN LIEU OF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWAND SUBSCRIBER HEREBY WAIVES, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT PURPOSE OR ARISING FROM A COURSE OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION DEALING OR USAGE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTRADE.

Limited Warranty. a. Mindjet warrants that Subject to the media on which the Software is distributed, if applicable, will be free from defectsPurchaser being in compliance with this Agreement, and that provided the Software shall conform substantially to Purchaser has only used the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and goods in accordance with the instructions published specifications and has not otherwise used the goods in its Documentation; violation of Section 17, the Seller warrants (bthe “Warranty”) no modificationthat, alteration, or addition has been made for a period of forty-five (45) days after the first delivery of the goods to the Software product by persons other than Mindjet or its authorized representative; and Buyer (cthe “Warranty Period”), the sold goods shall substantially conform to Seller’s published specifications during that Warrant Period. In the event the Buyer discovers an alleged defect in the goods which Xxxxx believes will give rise to a claim under the Warranty, the Buyer must report any such alleged defect in writing to Seller within the above described forty-five (45) Mindjet receives written notice day Warranty period of Buyer’s discovery of the non-conformity within same (the warranty period“Warranty Claims”) otherwise the Warranty covering that alleged defect shall expire. This is your sole The Warranty Claim must provide a commercially reasonable summary of the alleged defects in the goods. The Buyer must first obtain the written instructions of the Seller before the Purchaser has the right to return any allegedly defective goods to the Seller. Upon Xxxxxx’s receipt of a Warranty Claim, the Seller has the right to inspect the alleged Warranty Claim to verify the alleged defects in the goods and exclusive remedy the Purchaser will reasonably cooperate with the Seller for this purpose. In addition, upon Seller’s receipt of a breach of this limited warranty Warranty Claim, and Mindjetat the Seller’s sole and entire liabilityoption, the Seller has the right to either repair (using commercially reasonable efforts) or replace the nonconforming goods (the “Remedy”). The foregoing excludes Software made available by Mindjet at no chargeRemedy is Seller’s sole obligation, and Xxxxx’s exclusive recourse, for all Warranty Claims, including without limitation all claims of defects with respect to any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountgoods. If the Remedy is adjudicated insufficient however, which are provided “as is” Seller has the option, at its election, to refund the purchase price paid by Purchaser and “as available” with all faults and without warranty of any kind Seller shall have no further liability to Buyer relating to the maximum extent permitted by applicable lawsubject goods. Buyer shall pay costs of returning goods under a Warranty Claim, and Seller shall pay the costs of sending goods to Buyer after Remedy is performed. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYEXPLICIT WARRANTY SET FORTH ABOVE IN THIS SECTION 9,, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET ALL GOODS AND ITS LICENSORS PROVIDE SERVICES PROVIDED BY SELLER ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. EXCEPT FOR THE SOFTWARE WITHOUT ANY EXPLICIT WARRANTY SET FORTH ABOVE IN THIS SECTION 9, SELLER HEREBY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU , WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO ANY OF ALL ITS GOODS OR SERVICES OR ANY OTHER PERFORMANCE OR DELIVERY UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES : (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, VALIDITY, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREENO ENCUMBRANCES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT NO LIENS; (B) OF CONFORMANCE TO LIMITATIONSANY SPECIFICATIONS, DELAYSDEMONSTRATION OR PROMISE BY OR OF SELLER; OR (C) ARISING THROUGH COURSE OF DEALING, AND OTHER PROBLEMS INHERENT IN THE USE COURSE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, PERFORMANCE OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION USAGE OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTRADE.

Limited Warranty. a. Mindjet Spirit Education warrants that the media on which the Software is distributed, if applicable, distributed will be free from defects, and that the Software shall conform perform substantially to the description as described in its Documentation when used in documentation for a Supported Environment for the first thirty period of sixty (3090) days of the License Term, unless otherwise required by applicable lawfrom purchase. If the media is defective, your Your sole remedy in the event of a breach of this warranty will be that Mindjet will Spirit Education will, at its option, replace any defective media returned to Mindjet Spirit Education within the warranty periodperiod or refund the money you paid for the Software. If Spirit Education does not warrant that the Software does not substantially conform to will meet your requirements or that operation of the description in its Documentation, your sole remedy Software will be uninterrupted or that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the nonwill be error-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDfree. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Disclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, TITLEIN NO EVENT WILL SPIRIT EDUCATION BE LIABLE TO YOU FOR ANY SPECIAL, QUIET ENJOYMENTCONSEQUENTIAL, AND NONINFRINGEMENT INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE USE OR INABILITY TO USE THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF SPIRIT EDUCATION HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE POSSIBILITY OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSDAMAGES. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL SPIRIT EDUCATION LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Limited Warranty. a. Mindjet For a period of 90 days after delivery, Ambor warrants that the media on which Font Software will substantially perform as outlined in the Software user documentation in effect at the time of the commencement of this license. Ambor will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is distributedproperly registered, if applicable, and you give immediate notice and sufficient detail of such malfunctions to Ambor. Such corrections generally will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days incorporated into new revisions of the License TermFont Software, unless otherwise required or until the release of such new revisions into temporary versions, at Ambor’s discretion. The correction may also be achieved by applicable lawdelivery of new versions of the Font Software in which case the warranty does not cover such additional functionality and performance. If the media is defective, your sole remedy Ambor will have no responsibility in the event of a breach of this warranty will be that Mindjet will replace any defective media returned you fail to Mindjet within provide proof you licensed the warranty periodFont Software from an authorized Ambor source. If the Software does not substantially conform to the description in its DocumentationDisclaimer; No Refunds. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or THE FONT SOFTWARE IS PROVIDED “readerAS IS.” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawXXXXX DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE MANDATORY LAWIN YOUR JURISDICTION, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER AMBOR MAKES NO WARRANTIES, WHETHER CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, STATUTORYWHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR IN ANY OTHERWISE AS TO OTHER PROVISION OF THIS XXXXMATTERS, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES LIMITATION, NON INFRINGEMENT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSETHIRD PARTY RIGHTS, TITLE, QUIET ENJOYMENTINTEGRATION, AND NONINFRINGEMENT SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for the Font Software is nonreturnable and nonrefundable. Damages Limitations. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AMBOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE WILL MEET YOUR REQUIREMENTSFONT SOFTWARE, THAT THE OPERATION HOWEVER CAUSED, REGARDLESS OF THE SOFTWARE WILL BE UNINTERRUPTED THEORY OF LIABILITY (CONTRACT, TORT OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, OTHERWISE) AND OTHER PROBLEMS INHERENT IN THE USE EVEN IF AMBOR HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY POSSIBILITY OF SUCH PROBLEMSDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIMITATION OF IMPLIED WARRANTIES LIABILITY FOR PERSONAL INJURY, OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION AND LIMITATIONS THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ambor’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Limited Warranty. a. Mindjet Seller warrants that the media on which the Software is distributed, if applicable, its Products furnished under this Agreement will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and perform in accordance with Seller’s published specifications for such Products as in effect on the instructions in its Documentation; date of shipment (bwithin the deviations specified therein) no modificationfor a period of ninety (90) days from the date of shipment. Seller’s liability and Buyer’s sole remedy under this warranty is limited to repair or replacement of items determined by Seller to be defective or, alterationat Seller’s sole option, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice refund of the non-conformity within purchase price paid Seller for such items. Seller shall have no liability under this warranty unless Seller is notified in writing promptly upon Buyer’s discovery of the defect and the defective items are returned to Seller, freight prepaid, and received by Seller not later than ten (10) days after expiration of the warranty period. This is your sole warranty shall not apply to any defect or failure to perform resulting from misapplication, improper installation, improper operation, abuse or contamination, whether internal or external, and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at Seller shall have no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty liability of any kind for failure of any equipment or other items in which the products are incorporated. This warranty shall not apply to products manufactured by Seller to Buyer’s designs or specifications, and no warranty is given as to such products. Seller warrants to Buyer that services provided hereunder will be performed in a reasonable, workmanlike manner. Seller will have no liability under this warranty unless Seller is given written notice of the claimed breach and a description thereof within ninety (90) days after the service is rendered. Seller’s entire liability and Buyer’s sole remedy under this warranty shall be limited to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDprovision of such remedial or replacement services as Seller reasonably determines necessary to correct the breach. THE ABOVE FOREGOING WARRANTY IS PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Remedies of Buyer for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, TITLEincluding, QUIET ENJOYMENTwithout limitation, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSincidental or consequential damages. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSNo warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions is authorized by Seller and may not be relied upon unless in writing and signed by the President or a Vice President of Seller. No representation or affirmation of Seller, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEwhether by words or action, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDshall be construed as a warranty. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSIf any model or sample was shown to Buyer, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsuch model or sample was used merely to illustrate the general type and quality of the products and not to represent that the products would necessarily conform to the model or sample.

Limited Warranty. a. Mindjet Nasdaq warrants that it will calculate the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and Index in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice then applicable method for calculation of the non-conformity within the warranty periodIndex. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT LICENSEE'S SOLE REMEDY IN EVENT OF A FAILURE OF THIS WARRANTY IS TO HAVE NASDAQ RECALCULATE THE INDEX FOR THE PRECEDING EXPRESS LIMITED WARRANTYAFFECTED TIMES ACCORDING TO NASDAQ'S APPLICABLE METHOD FOR CALCULATION OF THE INDEX AT THE AFFECTED TIME(S). IN THE EVENT THAT NASDAQ IS UNABLE OR UNWILLING TO RECALCULATE THE INDEX FOR AN AFFECTED PERIOD OF OVER SEVEN CONSECUTIVE BUSINESS DAYS, NASDAQ WILL REFUND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE LICENSEE THE SOFTWARE WITHOUT ANY WARRANTIES PORTION OF ANY KINDFEES CALCULATED IN SECTION 11. THE ABOVE WARRANTY CORPORATIONS DO NOT REPRESENT OR WARRANT THAT THE INDEX OR THE MEANS BY WHICH NASDAQ CALCULATES THE INDEX IS EXCLUSIVE AND FREE OF DEFECTS. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE CALCULATION OF THE INDEX, OR THAT THE INDEX WILL MEET LICENSEE'S REQUIREMENTS. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER CONDITIONS OR WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLEANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, QUIET ENJOYMENTCOURSE OF DEALING, OR COURSE OF PERFORMANCE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT ANY OTHER WARRANTY OR OBLIGATION ON THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION PART OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREECORPORATIONS. Nasdaq represents and warrants to Licensee that it owns the Index and Marks free and clear of liens, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSpledges or encumbrances, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUand that it has not granted any rights to any person that may conflict with the Licensee's rights as provided in this Agreement.

Limited Warranty. a. Mindjet Licensor warrants that the media on which the Software is distributed, if applicable, will Products sold hereunder shall be free from defects, new and that the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its user documentation for a period of ninety (90) days from the date of shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions in its Documentation; regarding the return of such Product. Licensor's sole liability to Dell, and Dell's sole remedy, shall be, at Licensor's option, (bi) no modification, alterationrepair or replacement of the Product which does not comply with this Limited Warranty, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (cii) Mindjet receives written notice return of the non-conformity within amount paid by Dell for the warranty periodProduct which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is your sole in compliance with this Limited Warranty, Dell shall pay the cost of all charges associated with the inspection and exclusive remedy for a breach shipment of this limited warranty and Mindjet’s sole and entire liabilitysuch Product by Licensor. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawLICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE PRECEDING EXPRESS THIS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYEITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR IN OTHERWISE, AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTSATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL MEET YOUR REQUIREMENTSNOT, THAT THE OPERATION UNDER ANY CIRCUMSTANCES, BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE SOFTWARE WILL BE UNINTERRUPTED FORM OF ACTION ARISING OUT OF OR ERROR-FREERELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE EVEN IF LICENSOR HAS BEEN NOTIFIED OF THE INTERNET POSSIBILITY OF SUCH DAMAGES AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR NOTWITHSTANDING ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FAILURE OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS AN ESSENTIAL PURPOSE OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS LIMITED WARRANTY.

Limited Warranty. a. Mindjet warrants HMH warrants, for a period of ninety (90) days from the date of commencement of this License Agreement (referred to as the "Warranty Period"), that the media on CD- ROM and DVD-ROM discs in which the Software is distributed, if applicable, will be contained are free from defects, defects in material and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawworkmanship. If during the media is defectiveWarranty Period, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects defect in the Software appears, Licensee may return the Program to HMH for either a replacement or, if so elected by HMH, refund of amounts paid by Licensee under this License Agreement. Any replacement Software will be under warranty for the remainder of the original Warranty Period or replace 30 days, whichever is longer. As to any defects discovered after the defective licensed Warranty Period, there is no warranty or condition of any kind. In no event shall the warranty herein apply: (i) to Software that has been modified from its standard form as provided by HMH or that is not up to date with all updates, enhancements and new releases/new versions released by HMH, or (ii) to difficulties or defects that are not reproducible or that are due to Licensee’s computer hardware, third party software, andenvironment, if Mindjet is unable to make the deficient licensed software substantially conform operating system or misuse or other causes external to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of Software. Licensee agrees that the licensed software and terminate your license to foregoing constitutes the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of by HMH or any warranties made under this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawLicense Agreement. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET HMH AND ITS AFFILIATES AND LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR IN ANY OTHER PROVISION WARRANTY OF THIS XXXXACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE APPLICATION, ADEQUACY AND SUITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORNON-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUINFRINGEMENT.

Limited Warranty. a. Mindjet warrants that Seller hereby assigns to the media on which Buyer, to the Software is distributedextent it may do so, any available warranty of its Supplier. A copy of the Seller’s supplier or manufacturer's warranty, if applicableavailable, will either be free from defects, and that the Software shall conform substantially delivered to the description Buyer by the Seller or made available to the Buyer upon its request. SELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, EXCLUDING SERVICE, IS LIMITED TO THE REPAIR AND REPLACEMENT OF THE PRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. THERE IS NO WARRANTY EXPRESSED, STATUTORILY, IMPLIED, OR OTHERWISE, AND NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, SATSIFACTOY QUALITY AND NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE). IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF BUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. The Seller shall not be liable under this warranty in its Documentation when used in a Supported Environment for the first thirty (30) days any of the License Termfollowing events, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatnamely: (a) the Software has Whenever any Products have not been properly installed and used at all times and operated, stored or maintained in accordance with the instructions in its Documentationmanufacturer's and the Seller’s instructions; (b) no modificationWhenever any Products have been handled, alterationstored, repaired, or addition has been made to the Software product by persons other than Mindjet altered in any way, which may have impaired its safety, operation or its authorized representativeefficiency; and (c) Mindjet receives written notice of Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-conformity within conforming, the warranty period. This is your sole Buyer shall pay all costs, handling, and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUtransportation.

Limited Warranty. a. Mindjet Seller warrants that the media on which the Software is distributed, if applicable, all Products sold to Buyer will be free from defects, of any claim of ownership by third parties and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description manufacturer's specifications in its Documentationeffect at the time of manufacture, your sole remedy or such other specifications as shall have been expressly agreed in writing by Xxxxx and Seller. Buyer will inspect all Products for damage, defect or shortage promptly after Xxxxx receives them, and will give Seller prompt notice of any damage, defect or shortage that Buyer finds. The conditions of any test for conformance with specifications shall be mutually agreed upon and Seller will be that Mindjet notified of, and may be represented at, all such tests. If any Product is determined not to conform to the warranty set forth above during the period ending at the earlier of (i) six months from date of shipment by Seller, or (ii) the applicable “Use By” date set by Seller, if any, then Seller shall, at its option and its sole discretionoption, correct the defects in the Software or either replace the defective licensed software, and, if Mindjet is unable to make Product or refund the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product purchase price. Defective Products shall not be returned by persons other than Mindjet or its Buyer until authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodby Seller. This remedy is your sole and Xxxxx’s exclusive remedy for a breach of warranty. If applicable law prohibits this limited warranty and Mindjetlimitation of Xxxxx’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeremedies, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to then Seller agrees that the maximum extent permitted by applicable lawamount Buyer may claim from Seller is twice the net purchase price Buyer actually paid Seller for Product determined to be defective. EXCEPT FOR THE PRECEDING EXPRESS THIS LIMITED WARRANTY, WARRANTY IS GIVEN ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWORIGINAL PURCHASER, MINDJET IT MAY NOT BE TRANSFERRED OR ASSIGNED AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT DOES NOT EXTEND TO ANY WARRANTIES SUBSEQUENT PURCHASER OR TRANSFEREE OF ANY KINDPRODUCTS. THE ABOVE THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty. a. Mindjet warrants that Products sold by MELA are warranted to conform to ---------------- specifications therefor at the media on which the Software is distributed, if applicable, will be time of delivery to Centillium and to remain free from defectsdefects in workmanship and material for a period of twelve(12) months from the date of shipment by MELA. Any products which fail to meet either such warranty shall, and that at MELA's option, either be repaired or replaced by MELA at no charge to Centillium or MELA shall issue a credit therefor in the Software amount paid by Centillium on the said invoice. MELA's warranty obligation shall conform substantially be limited solely to the description in its Documentation when used in a Supported Environment for the first such repair, replacement or credit. Such obligation shall be conditioned upon receipt by MELA of notice of any alleged non-conformance to specifications within thirty (30) days after delivery to Centillium and of any alleged defect in material or workmanship within thirty (30) days after discovery. Products which MELA consents or directs in writing to be returned shall be returned to MELA, freight prepaid, F.O.B. MELA's facility in Sunnyvale, California or other destination directed by MELA. Without limitation, MELA shall be responsible for any costs associated with the removal of the License TermProducts from items into which such Products have been integrated by Centillium (or other third parties), unless otherwise required MELA's warranty shall only apply if the products have not been altered or repaired other than with authorization from MELA and according to its approved procedures, the products have not been subjects to misuse, abuse, improper installation, misapplication, maintenance, neglect or accident, the products have not been damaged by applicable lawexcessive physical or electrical stress and the products have not had their serial numbers, or other markings, if any, altered, defaced or removed. If All Products or parts determined to be defective shall become the media is defectiveproperty of MELA upon replacement, your sole remedy in and MELA reserves the event of a breach of this warranty will be that Mindjet will replace any defective media returned right to Mindjet within the warranty period. If the Software does not substantially conform utilize refurbished parts to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software repair or replace the defective licensed software, and, if Mindjet is unable warranted products. Warranty repairs or warranty replacements shall be subject to make this warranty for the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use longer of the licensed software and terminate your license to the Software provided that: (a) ninety (90) days following shipment of the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; repaired/replaced products, or (b) no modification, alteration, or addition the remainder of the original warranty for the defective product which has been made to the Software product by persons other than Mindjet repaired or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDreplaced. THE ABOVE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF INCLUDEING BUT NOT LIMITED TO ANYIMPLIED WARRANTY OK MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT COURSE OF INTELLECTUAL PROPERTY RIGHTSDEALING OR USAGE OF TRADE. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE MELA SHALL HAVE NO RESPONSIBILITY FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM PARTICULAR APPLICATION MADE OF ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCT.

Limited Warranty. a. Mindjet Seller warrants that all Products sold are new and, upon payment in full by Buyer of the media on which the Software is distributedProduct, free and clear of any security interests or liens. THIS WARRANTY IS THE EXCLUSIVE WARRANTY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THIS PARAGRAPH. SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, BY OPERATION OF LAW OR OTHERWISE, OR AS TO MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SPECIFICALLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Solely as a convenience to Buyer, if applicable, will be free from defects, and that the Software shall conform substantially Xxxxx believes any Product is initially defective as non-conforming to the PO description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License TermProduct or was shipped to Buyer in error, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives then Buyer shall give Seller written notice of the alleged nonconformance or error within 10 five (5) business days of receipt of the Product. Seller’s sole obligation under the foregoing events, and Xxxxx’s exclusive remedies, will be limited, at Seller’s election, to either: (i) replacement of non-conformity within conforming Product, or (ii) refunding the warranty periodpurchase price for such Product paid by Buyer and, at Seller’s election, either return the Product to Seller (at Seller’s expense), make the Product available for inspection and/or procurement by Seller or its agents at Buyer’s place of business. This In no event shall Seller’s liability for non-conforming Product exceed the lesser of the price of the Product or the amount paid by Buyer. Seller shall not be responsible for any defect in Product that is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargecreated or originates after the Product is shipped from Seller, including without limitation Product subjected to combination, modification, adulteration, misuse, neglect, accident, improper handling or storage, or which has been altered or misbranded by anyone other than Seller or its authorized representative or modifications to or adaptations of the Product made by Buyer or others. Seller shall not be liable on any trial or NFR (notice of claim for non- conforming Product which is not issued to Seller within 30 days after such Product has been received by Buyer. Upon acceptance of Product by Xxxxx, Buyer irrevocably waives any right to revoke such acceptance for resale) license or subscription or “reader” or “guest” accountany reason, which are provided “as is” and “as available” with all faults and without warranty whether known of any kind unknown to Buyer at the maximum extent permitted by applicable lawtime of acceptance. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET SELLER DISCLAIMS ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY ALL WARRANTIES AND/OR INDEMNIFICATION AGAINST INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHTS OF ANY NATURE. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU SELLER SHALL, IF GIVEN PROMPT NOTICE BY BUYER OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT CLAIM OF INTELLECTUAL PROPERTY RIGHTSINFRINGEMENT WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER, REQUEST THE MANUFACTURER TO GRANT FOR THE BUYER SUCH WARRANTY OR INDEMNITY RIGHTS AS THE MANUFACTURER MAY CUSTOMARILY PROVIDE WITH RESPECT TO SUCH PRODUCT. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSSeller does not warrant that the use of, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEor the subsequent sale of, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUthe Product delivered hereunder will not infringe the claims of any United States or other patents covering the Product itself or the use thereof in combination with other products or other goods or as a part of another product or good.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributedENDOCARTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS LIMITED WARRANTY SET FORTH ON THE ENDOCARTS WEBSITE AT xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/terms-conditions.pdf. ENDOCARTS HAS THE RIGHT TO MODIFY ITS LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION; HOWEVER, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, WARRANTY IN EXISTENCE ON THE DATE OF A PURCHASE ORDER WILL BE THE WARRANTY THAT APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE PRODUCT ACQUIRED UNDER SUCH PURCHASE ORDER. ANY SUCH MODIFIED LIMITED WARRANTY WILL BE SET FORTH ON THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDENDOCARTS WEBSITE. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ENDOCARTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORYSTATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR IN ANY OTHER PROVISION CONDITIONS OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTAS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET ENDOCARTS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE ANY PRODUCT WILL MEET YOUR BUYER’S REQUIREMENTS. Endocarts will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORincluding, without limitation, accident, vandalism, natural disaster, acts-FREEof-God, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDpower failure, or electric power surges; (ii) abuse, misuse, or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by Endocarts; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Endocarts. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSNo representative or agent of Endocarts has any authority to bind Endocarts to any other representation or warranty with respect to the Products or Services and any oral or written statement concerning the Products inconsistent with the warranty set forth on the Endocarts website will be of no force or effect. Any Products returned due to a defect will be subject to the RMA. Replacement Products issued by Endocarts will be subject to the same warranty as the warranty for the original Product and the same limitations, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUexceptions and conditions will apply.

Limited Warranty. a. Mindjet Licensor warrants that that, if the Software is distributed to you on physical media provided by Licensor, said media on which the Software is distributed, if applicable, distributed will be free from defects, and that defects for a period of sixty (60) days from the date of delivery of the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawyou. If the media is defective, your Your sole remedy in the event of a breach of this warranty will be that Mindjet will Licensor will, at its option, replace any defective media returned to Mindjet Licensor within the warranty periodperiod or refund the money you paid for the Software. If Licensor does not warrant that the Software does not substantially conform to will meet your requirements or that operation of the description in its Documentation, your sole remedy Software will be uninterrupted or that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the nonwill be error-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDfree. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Disclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, TITLEIN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY SPECIAL, QUIET ENJOYMENTCONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY LICENSOR. LICENSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SOFTWARE, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY THIRD PARTY RIGHTS. MINDJET DOES NOT WARRANT THAT IN NO EVENT SHALL THE LICENSOR, AUTHORS OR COPYRIGHTHOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED USE OR ERROR-FREE, OR THAT DEFECTS OTHER DEALINGS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSSOFTWARE. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL LICENSOR' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Limited Warranty. a. Mindjet Soft Horizons warrants that that, if the Software is distributed to you on physical media provided by Soft Horizons, said media on which the Software is distributed, if applicable, distributed will be free from defects, and that defects for a period of sixty (10) days from the date of delivery of the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawyou. If the media is defective, your Your sole remedy in the event of a breach of this warranty will be that Mindjet will Soft Horizons will, at its option, replace any defective media returned to Mindjet Soft Horizons within the warranty periodperiod or refund the money you paid for the Software. If Soft Horizons does not warrant that the Software does not substantially conform to will meet your requirements or that operation of the description in its Documentation, your sole remedy Software will be uninterrupted or that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the nonwill be error-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDfree. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Disclaimer of Damages: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, TITLEIN NO EVENT WILL SOFT HORIZONS BE LIABLE TO YOU FOR ANY SPECIAL, QUIET ENJOYMENTCONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SOFT HORIZONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY LICENSOR. LICENSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SOFTWARE, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY THIRD PARTY RIGHTS. MINDJET DOES NOT WARRANT THAT IN NO EVENT SHALL THE LICENSOR, AUTHORS OR COPYRIGHTHOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED USE OR ERROR-FREE, OR THAT DEFECTS OTHER DEALINGS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSSOFTWARE. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL SOFT HORIZONS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Limited Warranty. a. Mindjet warrants that the media on which the The Software is distributed, if applicable, warranted for ninety days after its initial delivery to You that it will substantially conform with its Documentation supplied by Rockwell Automation at the time of initial delivery of the Software. Defective media will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media replaced without charge if returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within during the warranty period. This is your sole and exclusive remedy warranty shall be void if You attempt to modify the Software in any way. Rockwell Automation makes no representation or warranty, express or implied, that the operation of the Software will be uninterrupted or error free, or that the functions contained in the Software will meet or satisfy Your intended use or requirements; You assume complete responsibility for a breach of this limited warranty and Mindjet’s sole and entire liabilitydecisions made or actions taken based on information obtained using the Software. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE LAW THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN AND ROCKWELL AUTOMATION DISCLAIMS ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITYTITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED PURPOSE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSWARRANTY UNDER UCITA. SOME JURISDICTIONS COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. LIMITATION OF REMEDIES Rockwell Automation’s entire liability and Your exclusive remedy for breach of the Limited Warranty shall be:

Limited Warranty. a. Mindjet Craft Supply Co warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period, contact Craft Supply Co and provide sufficient information regarding your acquisition of the Font Software so as to enable Craft Supply Co to verify the existence and date of the transaction. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet Craft Supply Co will replace any defective media returned use reasonable efforts to Mindjet within cause the warranty period. If the Font Software does not substantially to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityCRAFT SUPPLY CO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CRAFT SUPPLY CO’S BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER CRAFT SUPPLY CO MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet warrants that WHAT IS COVERED: For one (1) year after we complete the media on which the Software is distributedinstallation, if applicable, we will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will repair or replace any defective media returned part of the system without charge to Mindjet within you. We can use new or used parts of the same quality. WHAT IS NOT COVERED: Repair of the system is our only duty. This warranty period. If the Software does not substantially conform to include batteries or labor associated with the description in replacement of batteries and other disposable items. We make no other express warranty including any warranty of merchantability of the system or its Documentationfitness for any special purchase. We do not warrant that the system or services cannot be defeated or compromised or that it will always operate. This warranty does not cover repairs that are needed because of an accident, Acts of God, your sole remedy will be that Mindjet shallfailure to properly use the system, at its option and its sole discretionpower failures or surges, correct or if someone other than us attempts to repair or change the defects system, or any other reason except a defect in the Software equipment or replace the defective licensed softwareour installation. To obtain warranty service, andsee paragraph (4) of this Agreement. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE SYSTEM. DISCLAIMER OF LIABILITY; WE DO NOT REPRESENT OR WARRANT THAT THE SYSTEM OR SERVICES WILL PREVENT ANY LOSS OR INJURY DUE TO BURGLARY, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsHOLD UP, to discontinue your use of the licensed software and terminate your license to the Software provided thatFIRE, OR OTHERWISE, OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH THEY ARE INTENDED. YOU ACKNOWLEDGE AND AGREE THAT: (aA) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO ANY MATTER WHATSOEVER, NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR IN ANY OTHER PROVISION WARRANTIES, EXPRESS OR IMPLIED; (B) YOU ASSUME ALL RISK OR LOSS OR DAMAGE TO YOUR PREMISES OR TO THE CONTENTS THEREOF; AND ASSUME ALL RISK OF THIS XXXX, INJURY (INCLUDING PERSONAL INJURY OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION DEATH) TO PERSONS USING OR ON THE IMPLIED WARRANTIES PREMISES. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTTHE CENTER’S RESPONSE, AND NONINFRINGEMENT WE HAVE NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SOFTWARE WILL BE UNINTERRUPTED SYSTEM OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES BEING USED.

Limited Warranty. a. Mindjet Seller warrants to the Buyer or any end user (for purposes of this and the following three sections "Buyers") that the media on which the Software is distributed, if applicable, its Products will be free from defectsmaterial defects in workmanship and materials under normal use and service for a period of five years from the date of Seller's original invoice (the "Warranty Period"). There is NO WARRANTY in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow Seller's instructions or improper installation, xxxxxxx, modifications, storage or maintenance. Upon Buyers request for factory–applied "prime coat" finish only, the above warranty is void with respect to the finish. This warranty does not cover parts furnished but not produced or manufactured by Seller, and Seller's sole obligation with respect to such parts shall be limited to assigning to Buyers any written warranty extended to Seller by the manufacturer of such parts to the extent such warranty may reasonably be assigned. However, Seller does not adopt, guarantee or represent that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days manufacturer will comply with any of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event terms of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodof such manufacturer. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatRemedy: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your Seller's sole and exclusive remedy for a breach of obligation under this limited warranty (and Mindjet’s Buyers' sole and entire liability. The foregoing excludes Software made available exclusive remedy) shall be, upon prompt written notice by Mindjet Buyers during the warranty period of any breach, to either, at no Seller's option, repair or replace without charge, including without limitation F.O.B. Seller's facility, any trial defective Product or NFR (not for resale) license or subscription or “reader” or “guest” accountpart 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 BUYERS, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT OR TO ANYONE CLAIMING UNDER BUYERS, FOR THE PRECEDING EXPRESS 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPRODUCTS OR SELLER'S ACTS OR OMISSIONS REFERENCE 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, MINDJET labor, inspection, removal or installation of new Products or parts or normal maintenance. Seller will not reimburse Buyers for any expenses incurred by Buyers in repairing, correcting or replacing any defective Products, except for those incurred with Seller's prior written permission. LIMITATION ON DAMAGES: IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT AND ITS LICENSORS PROVIDE THIS CONTRACT SHALL BE LIMITED TO THE SOFTWARE WITHOUT ANY MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. DISCLAIMER OF OTHER WARRANTIES: SELLER AND BUYERS AGREE THAT THE EXPRESS WARRANTIES OF ANY KIND. IN THE ABOVE LIMITED WARRANTY IS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU WARRANTIES (INCLUDING WITHOUT LIMITATION THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSBuyers shall determine the suitability of the Products for the intended use and Buyers shall assume all risk and liability whatsoever in connection therewith. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUBuyers agree that Xxxxxx has no post–sale duty to warn Xxxxxx or any other party about any matter.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the you discover physical defects in the Software or media, Alazar Technologies, Inc. will replace the defective licensed softwaremedia or documentation at no charge to you, andprovided you return the item to be replaced with proof of payment to Alazar Technologies, if Mindjet is unable to make Inc. during the deficient licensed software substantially conform to the description in its Documentation 90-day period after such commercially reasonable efforts, to discontinue your use having taken delivery of the licensed software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and terminate your license documentation to Alazar Technologies, Inc. for replacement. Although Alazar Technologies, Inc. has tested the Software provided that: (a) software and reviewed the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationdocumentation, alterationALAZAR TECHNOLOGIES, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodINC. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityMAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The foregoing excludes Software made available by Mindjet at no chargeAS A RESULT, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” and “as available” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with all faults and without warranty this software, including the costs of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDrecovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE WARRANTY IS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESOTHERS, WHETHER EXPRESS ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Alazar Technologies, STATUTORYInc. dealer, OR IN ANY OTHER PROVISION OF THIS XXXXagent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYInc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, FITNESS FOR A PARTICULAR PURPOSEelectronic or mechanical, TITLEincluding photocopying and recording, QUIET ENJOYMENTfor any purpose without the written permission of Alazar Technologies, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSInc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSThis warranty gives you specific legal rights, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEand you may also have other rights, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDwhich vary from jurisdiction to jurisdiction. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.Addendum Contents 4 Reference ..................................................................................................................

Limited Warranty. a. Mindjet LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Kosmos Business Systems Ltd warrants that the media on which the Software is distributed, if applicable, SOFTWARE PRODUCT will be free from defects, and that the Software shall conform perform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; accompanying materials for a period of ninety (b90) no modificationdays from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, alterationyou also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or addition has been made condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software product by persons other than Mindjet SOFTWARE PRODUCT, including without limitation, any (if any) service packs or its authorized representative; and (c) Mindjet receives written notice hot fixes provided to you after the expiration of the non-conformity within the ninety (90) day Limited Warranty period are not covered by any warranty periodor condition, express, implied or statutory. This is your sole and LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for a any breach of this limited warranty and Mindjet’s sole and entire liabilityLimited Warranty is as set forth below. The foregoing excludes Except for any refund elected by Kosmos Business Systems Ltd, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software made available by Mindjet at no chargeProduct does not meet the Kosmos Business Systems Ltd Limited Warranty, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountand, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted allowed by applicable law, even if any remedy fails of its essential purpose. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYThe terms of Section 11 below ("Exclusion of Incidental, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWConsequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDso the above limitation or exclusion may not apply to you. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSThis Limited Warranty gives you specific legal rights. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUYou may have others which vary from state/jurisdiction to state/jurisdiction.

Limited Warranty. a. Mindjet BENCH TREE warrants that the media on which the Software is distributed, if applicable, will each Product shall perform substantially in accordance with its published specifications and shall be free from defectsdefects in workmanship and materials for a period of one (1) year following the shipment date, and except that the Software applicable manufacturer’s warranty shall conform substantially supersede and apply with respect to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event those components or subassemblies of a breach of this warranty will be Product that Mindjet will replace any defective media returned to Mindjet within the warranty periodBENCH TREE purchases from third parties (“Product Warranty Period”). If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shallBENCH TREE, at its option and option, shall repair, replace or refund the purchase price of any Product that is defective or fails to perform according to its sole discretion, correct specifications during the Product Warranty Period. BENCH TREE warrants that Services shall be free from defects in the Software or replace the defective licensed softwareworkmanship for a period of ninety (90) days following completion (Service Warranty Period). THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY TO NORMAL WEAR OR TEAR OR TO ANY PRODUCT OR SERVICE DEFECT RESULTING FROM (i) TAMPERING, andALTERATION, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its DocumentationOR REPAIR OF THE PRODUCT BY ANYONE OTHER THAN BENCH TREE; (bii) no modificationLIGHTNING, alterationFIRE OR OTHER ACTS OF GOD; (iii) STORAGE, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and INSTALLATION OR USE OF THE PRODUCT IN A MANNER THAT FAILS TO COMPLY WITH THE APPLICABLE SPECIFICATIONS, INCLUDING WITHOUT LIMITATION, SUBJECTION OF THE PRODUCT TO EXCESSIVE TORQUE, BENDING OR OTHER APPLIED LOADS, VIBRATION, JARRING, OR HEAT, OR TO EXCESSIVELY CORROSIVE OR EROSIVE ENVIRONMENTS (civ) Mindjet receives written notice of the non-conformity within the warranty periodFAILURE TO PERFORM ROUTINE MAINTENANCE OR (v) COMPLIANCE BY BENCH TREE WITH THE BUYER’S SPECIFICATIONS. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityBENCH TREE DOES NOT WARRANT THAT BUYER’S USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. The foregoing excludes Software made available by Mindjet at no chargeBENCH TREE DOES NOT GUARANTY THE ACCURACY, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountCORRECTNESS OR INTERPRETATION OF ANY MEASUREMENTS OR DATA GENERATED BY ITS PRODUCTS AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT ARE OR MIGHT BE SUSTAINED AS A RESULT OF ANY USE OR RELIANCE UPON THOSE MEASUREMENTS OR DATA. BENCH TREE’S WARRANTY OBLIGATIONS ARE EXPRESSLY LIMITED TO THE REPAIR, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawREPLACEMENT, REFUNDING OF THE PURCHASE PRICE OF A PRODUCT. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET BENCH TREE MAKES NO AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED, STATUTORYWITH RESPECT TO ANY PRODUCTS AND SERVICES, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION THESE DISCLAIMERS AND LIMITATIONS MAY NOT SHALL APPLY TO YOUREGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Remedies under the above warranties will be limited, at BENCH TREE’s option, to the replacement, repair, re‐performance or modification of, or issuance of a credit for the purchase price, of the Products involved, and where applicable, only after the return of such Products pursuant to BENCH TREE's instructions. Replacement Products may be new, remanufactured, refurbished or reconditioned at BENCH TREE’s discretion. BUYER requested on‐site warranty service (consisting of time, travel and expenses related to such services) will be at BUYER’s expense. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising therefrom.

Limited Warranty. a. Mindjet warrants that Seller hereby assigns to the media on which Buyer, to the Software is distributedextent it may do so, any available warranty of its Supplier. A copy of the Seller’s supplier or manufacturer's warranty, if applicableavailable, will either be free from defects, and that the Software shall conform substantially delivered to the description Buyer by the Seller or made available to the Buyer upon its request. SELLER’S LIABILITY UNDER WARRANTY FOR PRODUCTS, EXCLUDING SERVICE, IS LIMITED TO THE REPAIR AND REPLACEMENT OF THE PRODUCT SOLD TO BUYER THAT IS SHOWN TO THE SELLER’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING. THERE IS NO WARRANTY EXPRESSED, STATUTORILY, IMPLIED, OR OTHERWISE, AND NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, 112362.000002 4836-6965-3453.1 SATSIFACTOY QUALITY AND NONINFRINGEMENT AND THEIR EQUIVALENTS WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE). IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF BUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. The Seller shall not be liable under this warranty in its Documentation when used in a Supported Environment for the first thirty (30) days any of the License Termfollowing events, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatnamely: (a) the Software has Whenever any Products have not been properly installed and used at all times and operated, stored or maintained in accordance with the instructions in its Documentationmanufacturer's and the Seller’s instructions; (b) no modificationWhenever any Products have been handled, alterationstored, repaired, or addition has been made to the Software product by persons other than Mindjet altered in any way, which may have impaired its safety, operation or its authorized representativeefficiency; and (c) Mindjet receives written notice of Whenever any Products and/or component have been subjected to any abnormal condition, misuse, or neglect. If the Seller determines that the item returned for warranty service is non-conformity within conforming, the warranty period. This is your sole Buyer shall pay all costs, handling, and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUtransportation.

Limited Warranty. a. Mindjet warrants that Licensor warrants, for your benefit alone, for a period of 60 days (the media on which “Warranty and Support Period”) from the date of delivery of the Software is distributed, if applicable, will be free from defects, and that during this period the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions functionality described in its Documentation; (b) no modificationthe User's Manual. If during the Warranty and Support Period, alteration, or addition has been made to a defect in the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of appears, Licensor will make all reasonable efforts to cure the non-conformity within defect, at no cost to you. You agree that the warranty period. This is foregoing constitutes your sole and exclusive remedy for a breach by Licensor of any warranties made under this Agreement. Licensor is not responsible for obsolescence of the Software that may result from changes in your requirements. Exclusion of Warranty. The above limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind shall apply only to the maximum extent permitted most current version of the Software issued from time to time by applicable lawLicensor. Licensor assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Software. THE ABOVE LIMITED WARRANTY WILL NOT APPLY IF: (i) THE PRODUCT IS NOT USED IN ACCORDANCE WITH THIS AGREEMENT AND THE USER’S MANUAL, (ii) THE PRODUCT HAS BEEN MODIFIED BY ANY PERSON OTHER THAN LICENSOR, OR (iii) A MALFUNCTION IN THE PRODUCT HAS BEEN CAUSE BY ANY EQUIPMENT OR SOFTWARE NOT PROVIDED BY LICENSOR. Disclaimer of Warranty. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPRODUCT, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORYARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE IN TRADE, OR IN OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLENON- Software License Agreement | JPRO Commercial Vehicle Diagnostics (CVD) INFRINGEMENT, QUIET ENJOYMENTOR OTHERWISE, WITH RESPECT TO THE PRODUCT OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE. END USERS OF THE PRODUCT BEAR THE RISK OF USING THE PRODUCT AND THE SOFTWARE PROVIDED, AND NONINFRINGEMENT BEAR THE RISK OF INTELLECTUAL PROPERTY RIGHTSRELYING OR NOT RELYING ON ANY DATA OR RECOMMENDATIONS PROVIDED THROUGH THE PRODUCT OR SOFTWARE. MINDJET LICENSOR GIVES NO GUARANTEES OR WARRANTIES TO END USERS. LICENSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE PRODUCT’S USE OR PERFORMANCE AND DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSWARRANT, REPRESENT OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERRORFAIL-FREESAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS. Vehicle Inspection and Maintenance by Licensee/End User. THE PRODUCT IS NOT A SUBSTITUTE FOR CAREFUL INSPECTION AND MAINTENANCE OF LICENSEE’S VEHICLES BY PROPERLY TRAINED REPAIR TECHNICIANS OR MECHANICS. LICENSOR RECOMMENDS THAT DEFECTS IN ALL INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE WILL BE CORRECTEDINDEPENDENTLY VERIFIED AND AUTHENTICATED BY A CERTIFIED TECHNICIAN OR MECHANIC. AS THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OWNER AND/OR OPERATOR OF THE INTERNET VEHICLES UTILIZING THE PRODUCT, LICENSEE AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE ITS END USERS ARE RESPONSIBLE FOR EXERCISING THEIR OWN CARE, SKILL, ASSESSMENT AND JUDGMENT AS TO THE MECHANICAL CONDITION OF SUCH VEHICLES AND THE INTERPRETATION OF ANY DELAYS, DELIVERY FAILURES, INFORMATION OR RECOMMENDED ACTIONS DISPLAYED THROUGH THE SOFTWARE. LICENSEE HEREBY COVENANTS AND AGREES TO INFORM EACH OF ITS END USERS OF THEIR DUTY TO INSPECT AND MAINTAIN THE LICENSEE’S VEHICLES IN ACCORDANCE WITH THIS PROVISION. Limitation of Liability. LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER DAMAGE PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO LICENSOR IN THE MONTH THAT SUCH PROBLEMSCLAIM ACCRUED. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR FOR LOST PROFITS, LOSS OF USE, OR LOSS OF DATA, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO YOUR BREACH OF YOUR CONFIDENTIALITY OBLIGATIONS OR YOUR BREACH OF THE LICENSES AND RESTRICTIONS SET FORTH IN THIS AGREEMENT.

Limited Warranty. a. Mindjet Corel warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet Corel will replace any defective media returned to Mindjet Corel within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet Corel shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet Corel is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet Corel or its authorized representative; and (c) Mindjet Corel receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and MindjetCorel’s sole and entire liability. The foregoing excludes Software made available by Mindjet Corel at no charge, including without limitation the MindManager Reader, any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET COREL AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET COREL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET COREL EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty. a. Mindjet Seller warrants that it has the right to convey good title to the Products and that said Products shall be delivered free of any lien or encumbrance. Seller further warrants that the media on which Products delivered shall meet the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description Buyer's specifications as expressed in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawParagraph 6. If the media is defective, your sole remedy in In the event of a any breach by Seller of this warranty will be that Mindjet will replace any defective media returned to Mindjet limited warranty, Seller shall within five (5) days after receiving notice from Buyer of the warranty period. If the Software does not substantially conform to the description in its Documentationbreach, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed softwarenonconforming Products with conforming Products based on the requirements of this limited warranty, and, if Mindjet including all applicable transportation and inspection costs. In the event Seller is unable to make provide conforming Product within the deficient licensed software substantially conform specified five (5) day period, Seller agrees to the description credit said purchase price and applicable transportation and insurance costs actually paid by Buyer in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance connection with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to nonconforming Products against the Software product outstanding invoice. All claims for breach by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach Seller of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR shall be waived unless Buyer notifies Seller within sixty (not for resale60) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty days of any kind to the maximum extent permitted by applicable lawdiscovery of said breach in writing. EXCEPT FOR THE PRECEDING EXPRESS ABOVE LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL SELLER GRANTS NO OTHER WARRANTIES, WHETHER AND HEREBY DISCLAIMS AND NEGATES ALL EXPRESS OR IMPLIEDAND IMPLIED WARRANTIES REGARDING THE PRODUCTS, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY BUYER OR THIRD PARTY CLAIMS FOR ANY INCIDENTAL, TITLESPECIAL, QUIET ENJOYMENTOR CONSEQUENTIAL DAMAGES, AND NONINFRINGEMENT WHETHER FOR LOSS OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSBUSINESS OR PROFITS OR OTHERWISE, THAT THE OPERATION EVEN IF SELLER IS AWARE OF THE SOFTWARE WILL POSSIBILITY THEREOF. IN ANY CASE, SELLER'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT LIMITED TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE A REFUND OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE PURCHASE PRICE PAID BY BUYER FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCTS.

Limited Warranty. a. Mindjet Delve Fonts warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period, contact Delve Fonts and provide sufficient information regarding your acquisition of the Font Software so as to enable Delve Fonts to verify the existence and date of the transaction. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet Delve Fonts will replace any defective media returned use commercially reasonable efforts to Mindjet within cause the warranty period. If the Font Software does not substantially to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityDELVE FONTS DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DELVE FONTS’ BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER DELVE FONTS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DELVE FONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF DELVE FONTS HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF DELVE FONTS HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Delve Fonts’ liability for such physical injury or death shall not exceed $100,000 USD, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and non-refundable. For further warranty information, please contact Delve Fonts by sending email to support@delvefonts. com or by postal mail to the address provided below.

Limited Warranty. a. Mindjet This warranty extends only to the original End User of this License, and no third party shall have the right to make any claim or assert any right hereunder. Tender Retail warrants that for a period of 90 days from the media on which date of the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days acquisition of the License Term, unless otherwise required by applicable law. If (the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: “Warranty Period”): (a) the Software has been properly installed and used at all times and will perform substantially in accordance with the instructions in its Documentation; and (b) no modificationthe Software is properly recorded on the media or in the files to be downloaded. Tender Retail does not warrant that the operation of the Software will be uninterrupted or error free. This warranty is void if failure of the Software has resulted from accident, alterationabuse, or addition has been made to misapplication or from the End User having modified the Software product by persons or used it for a purpose or in a context other than Mindjet the purpose or its authorized representative; context for which it was designed. If, during the Warranty Period, the Software does not perform substantially in accordance with the Documentation or is not recorded properly on the media or files to be downloaded, the End User’s sole and exclusive remedy, and Tender Retail’s sole obligation and liability under this warranty shall be as follows: if the End User notifies Tender Retail in writing of the non- conformity within the Warranty Period, Tender Retail shall, at Tender Retail’s option, either (ci) Mindjet receives written notice of return the license fees paid (if any) with respect to the non-conformity within conforming Software; or (ii) repair or replace the non-conforming Software. If Tender Retail elects to return the license fees, the End User agrees to promptly return the Software to Tender Retail or establish to Tender Retail’s satisfaction that it has destroyed/uninstalled the Software. Any replacement Software will be warranted for the remainder of the original Warranty Period or 30 days from replacement, whichever is longer. There is no warranty period. This is your sole and exclusive remedy for a breach after expiration of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawWarranty Period. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY PROVIDED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDAND THE DOCUMENTATION ARE PROVIDED “AS IS”. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. Limitation of Liability IN NO EVENT SHALL TENDER RETAIL BE LIABLE FOR ANY INDIRECT, QUIET ENJOYMENTCONSEQUENTIAL, AND NONINFRINGEMENT INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND ARISING UNDER ANY THEORY OF LIABILITY (INCLUDING TORT), INCLUDING WITHOUT LIMITATION DAMAGES OR LOSSES FOR LOSS OF PROFITS, LOSS OF PRODUCTION OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS DATA OR INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF TENDER RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR TENDER RETAIL’S INDEMNIFICATION OBLIGATIONS HEREUNDER AS REGARDS INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION TENDER RETAIL’S MAXIMUM AGGREGATE LIABILITY UNDER THIS XXXX (REGARDLESS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEFORM OF ACTION, WHETHER IN CONTRACT, TORT, OR THAT DEFECTS IN OTHERWISE) SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE SOFTWARE WILL BE CORRECTEDAMOUNT OF LICENSE FEES PAID BY THE END USER TO TENDER RETAIL FOR THE LICENSE TO WHICH A SPECIFIC CLAIM RELATES. THE SOFTWARE MAY BE SUBJECT TO FOREGOING LIMITATIONS, DELAYS, EXCLUSIONS AND OTHER PROBLEMS INHERENT DISCLAIMERS SET FORTH IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT THIS XXXX SHALL APPLY TO YOUTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE PHOENIX CITY CODE), EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in In the event of a breach of this warranty an error or omission caused by the Web Site Owner, the Web Site Owner will be that Mindjet will replace any defective media returned to Mindjet correct the Advertising within the warranty periodusual time frame for updating the Web Site, after receiving notice from the Advertiser of the error or omission. If Errors or omissions caused by any other party, including Advertiser shall be corrected upon payment of fee described herein. In order to avail itself of the Software does not substantially conform correction remedy, the Advertiser must make a written claim of such an error or omission to Web Site Owner. Where such error or omission is due solely to an action of the Web Site Owner then the Advertisement placement shall extend at no additional charge for a period equal to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use date of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product receipt by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written Web Site Owner of notice of the non-conformity within error or omission until correction of the warranty perioderror or omission as described in the notice. This is your sole and exclusive remedy The Advertiser shall not be entitled to any other compensation for a such error or omission due to Web Site Owner. The above limited remedies shall apply to all claims, causes of action, damages, fines, penalties or liabilities that the Advertiser may have against Web Site Owner, including but not limited to, claims based on breach of this limited warranty and Mindjet’s sole and entire contract, torts (such as negligence or recklessness), or product liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYANY WARRANTY EXPRESSLY MADE BY WEB SITE OWNER PURSUANT TO THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET WEB SITE OWNER HEREBY DISCLAIMS ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER IMPLIED WARRANTIES, WHETHER EXPRESS OR IMPLIEDINCLUDING, STATUTORYWITHOUT LIMITATION, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLETHE IMPLIED WARRANTY OF QUALITY OF ANY COMPUTER PROGRAMS, QUIET ENJOYMENTANY AND ALL IMPLIED WARRANTIES OF INFORMATIONAL CONTENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSANY AND ALL WARRANTIES AS TO ANY EFFORT MADE TO ACHIEVE A PARTICULAR PURPOSE. MINDJET DOES NOT WARRANT WEB SITE OWNER MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSWEB SITE IS FREE OF VIRUSES OR POTENTIALLY DAMAGING CODE. Notwithstanding anything in this Agreement to the contrary, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORin no event will Web Site Owner or its employees or agents be liable for any damages or expenses caused by system failure caused by any on-FREEline service or computer system failure, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDor by any transmission, access or communication problems. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSNotwithstanding anything in this Agreement to the contrary, DELAYSWeb Site Owner is not responsible for the quality of the Advertiser’s advertising to the extent that it may be affected by any operating systems, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSnetworks, DELIVERY FAILURESindependent display mechanisms or access to on-line services. In no event will Web Site Owner be liable for any consequential, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSexemplary, incidental, punitive or special damages arising out of this Agreement, including, but not limited to, loss of profit, loss of data or the cost of any alternative forms of advertising, whether based on breach of contract, tort (including negligence or recklessness), product liability or otherwise, even if Web Site Owner is informed in advance of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUWeb Site Owner’s total liability under this Agreement is limited to the payments received by Web Site Owner from Advertiser hereunder for the current term of this Agreement only.

Limited Warranty. a. Mindjet Creatype warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period, contact Creatype and provide sufficient information regarding your acquisition of the Font Software so as to enable Creatype to verify the existence and date of the transaction. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet Creatype will replace any defective media returned use reasonable efforts to Mindjet within cause the warranty period. If the Font Software does not substantially to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityCREATYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CREATYPE’S BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER CREATYPE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CREATYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF CREATYPE HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CREATYPE HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Creatype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet Each Party represents and warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software it has been properly installed all necessary authority to enter into this Agreement and used at all times and in accordance with the instructions in its Documentation; (b) no modificationthe rights it has granted hereunder do not breach any other agreement to which it is a Party or by which it is bound. Reseller acknowledges that the Products are distributed by Supplier and not manufactured by Supplier, alterationbut are manufactured by entities for whom Seller acts as a distributor and/or reseller. Furthermore, or addition has been made to this limited warranty and any liability hereunder shall not exceed the Software product warranty provided by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice the manufacturer of the non-conformity within the warranty periodProducts. ALL WARRANTIES FOR THE PRODUCTS ARE SUBJECT TO AND LIMITED BY AND TO ANY WARRANTIES PROVIDED BY THE MANUFACTURER(S) OF ANY OF THE PRODUCTS. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXCEPT THOSE, IF ANY, SUPPLIED BY THE MANUFACTURER OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This is your a limited warranty and supersedes all other warranties. The remedies provided herein are the Reseller's exclusive remedies for breach of this warranty and shall be the sole and exclusive remedy liability of Supplier for a breach of this limited warranty and Mindjet’s sole and entire liabilitywarranty. The foregoing excludes Software made available by Mindjet at no chargeIN NO CASE SHALL SUPPLIER BE LIABLE FOR ANY SPECIAL, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountINCIDENTAL, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWBREACH OF CONTRACT, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY; INCLUDING, WITHOUT ANY WARRANTIES LIMITATION, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUES, LOSS OF USE OF ANY KIND. ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU CLAIMS OF ALL OTHER WARRANTIESTHIRD PARTIES, WHETHER EXPRESS INCLUDING CONSUMERS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTSUPPLIERS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT INJURY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPROPERTY.

Limited Warranty. a. Mindjet warrants that To the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law, the Service and any software or other deliverables provided by Your Service Provider, or its agents, authorized contractors and/or suppliers hereunder, are provided "as is" and "as available" without warranties or conditions of any kind. A limited warranty may apply to the Bell Modem and power supply in accordance with the Equipment Terms of Sale, a copy of which is available at xxx.xxxx.xx/xxxxxxxxxx. You are responsible for the use and compatibility of the Service and the Bell Modem Kit with any equipment, software, services and/or other materials not provided by Your Service Provider (collectively, the “Third Party Equipment and Services”). To the extent permitted by applicable law, Your Service Provider disclaims all responsibility for determining compatibility between the Service, the Bell Modem Kit and any Third Party Equipment and Services. To the extent permitted by applicable law, the entire risk as to the availability and performance of the Service and any deliverable under the Service Agreement is with you. EXCEPT FOR AS MAY BE EXPRESSLY SET OUT IN THE PRECEDING EXPRESS LIMITED WARRANTYEQUIPMENT TERMS OF SALE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET THE SERVICE AND ANY SOFTWARE, SERVICES OR OTHER DELIVERABLES PROVIDED BY YOUR SERVICE PROVIDER, ITS AFFILIATES, AGENTS, AUTHORIZED CONTRACTORS AND/OR SUPPLIERS HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND AND NO WARRANTIES OR CONDITIONS ARE MADE WITH RESPECT TO PERFORMANCE, AVAILABILITY, UNINTERRUPTED OR ERROR FREE USE OR OPERATION. EXCEPT AS MAY BE EXPRESSLY SET OUT IN THE EQUIPMENT TERMS OF SALE, YOUR SERVICE PROVIDER AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT AFFILIATES, AGENTS, AUTHORIZED CONTRACTORS AND/OR SUPPLIERS MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS TITLE OR IMPLIED, STATUTORYNON-INFRINGEMENT, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SERVICE, TITLEOR ANY SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED OR RECOMMENDED HEREUNDER, QUIET ENJOYMENTOR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND NONINFRINGEMENT ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF INTELLECTUAL PROPERTY RIGHTSANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED AND EXPRESSLY DISCLAIMED. MINDJET DOES NOT NEITHER YOUR SERVICE PROVIDER NOR ITS AFFILIATES, AGENTS, AUTHORIZED CONTRACTORS AND/OR SUPPLIERS WARRANT THAT THE SOFTWARE ANY DATA OR FILES SENT BY OR TO YOU WILL MEET YOUR REQUIREMENTSBE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME, THAT SUCH DATA OR FILES WILL NOT BE INTERCEPTED, THAT OTHER PERSONS WILL NOT GAIN ACCESS TO YOUR ACCOUNT, THE OPERATION OF SERVICE, THE SOFTWARE WILL BE UNINTERRUPTED EQUIPMENT, OR ERROR-FREEANY THIRD PARTY EQUIPMENT AND SERVICES, OR THAT DEFECTS IN ANY CONTENT OR OTHER MATERIAL ACCESSIBLE THROUGH THE SOFTWARE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL BE CORRECTED. THE SOFTWARE MAY NOT BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF “CACHING” AT INTERMEDIATE LOCATIONS ON THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW WHEN BEING ACCESSED THROUGH THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSERVICE.

Limited Warranty. a. Mindjet Seller warrants to Buyer, for a period of twelve (12) months following the date the Services are performed, that it shall perform the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and Services materially in accordance with the instructions specifications agreed upon by the parties in a writing signed by Seller. Seller warrants, for a period of twelve (12) months from the date of acceptance by Buyer (or, if acceptance by Buyer is delayed for any reason, twelve (12) months from the originally scheduled shipment date), that each Good shall be free from material defects in material and workmanship and that each Good has been manufactured materially in accordance with the specifications agreed upon by the parties in a writing signed by Seller. Notwithstanding the foregoing, (a) any software included in the Offerings is provided “AS-IS,” with no warranty whatsoever from Seller or its Documentationaffiliates; (b) any products manufactured or produced by a third party are provided “AS-IS,” with no modificationwarranty whatsoever from Seller or its affiliates, alteration, or addition has been made provided that Seller hereby assigns (to the Software product by persons other than Mindjet or its authorized representativeextent permissible) any applicable unexpired, transferable manufacturer warranties to Buyer with respect to such products; and (c) Mindjet receives written notice the limited warranties set forth herein do not extend to disposable and/or consumable items. The foregoing limited warranties run only to Buyer and not to any purchasers of the non-conformity Offerings from Buyer. If an Offering does not comply with the foregoing limited warranties, and a claim is made by Buyer within the applicable warranty period. This is your , Seller will, at the option of Seller and as Seller’s sole and exclusive remedy for a breach of this limited warranty liability and MindjetBuyer’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no exclusive remedy, either repair, replace or re-perform any and all defective Offerings free of charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind grant to Buyer a credit in an amount equal to the maximum extent permitted by purchase price of the applicable lawOfferings. EXCEPT FOR OTHER THAN THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY SET FORTH IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYWITH RESPECT TO ANY PRODUCT OR ANY THIRD PARTY PRODUCT, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES ANY (i) WARRANTY OF MERCHANTABILITY, (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (iii) WARRANTY OF TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSRIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. MINDJET DOES NOT WARRANT THAT Seller’s liability under this warranty shall not include any transportation charges or cost of installation, field repair, or other charges related to returning Offerings to Seller, or any liability for direct, indirect or consequential damage or delay. All weights, measurements, dimensions, drawings, specifications and other particulars of the Offerings, whether contained in plans, photographs, catalogs, price lists or advertising material or otherwise, are only approximate and are included solely for Buyer’s guidance. Such particulars do not form part of the contract, and deviations therefrom or subsequent changes in design are not grounds for non-acceptance of the Offerings and do not constitute a breach of this Agreement. Offerings or parts for which a warranty claim is made are to be returned, transportation prepaid, to Seller. Any improper use, operation beyond rated capacity, substitution of parts not approved by Seller, or any alteration or repair by parties other than Seller that in Seller’s sole judgment affects the Offering adversely shall void this warranty. NO EMPLOYEE OR REPRESENTATIVE OF SELLER OR ANY OTHER PARTY SHALL BE AUTHORIZED TO CHANGE ANY WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY UNLESS SUCH CHANGE IS MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER AT ITS HOME OFFICE. THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION REMEDIES SET FORTH IN THIS SECTION SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION. BUYER’S SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING TO ANY THIRD PARTY PRODUCTS OR SOFTWARE WILL BE UNINTERRUPTED AGAINST THE THIRD PARTY MANUFACTURER OF SUCH PRODUCTS OR ERROR-FREETHE THIRD PARTY LICENSOR OF SUCH SOFTWARE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUAS APPLICABLE.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation the MindManager Reader, any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty. a. Mindjet QSM warrants that to You that, for a period of 90 days from the media on which date of original receipt, (I) the Software is distributedwill not, if applicableunder normal use and service, deviate materially from the applicable specifications contained in the Related Materials, and (ii) the Related Materials will be free from defectsdefect in materials and workmanship. If any such deviation appears during such 90 day period in the Products, and that the Software shall conform substantially QSM will use commercially reasonable efforts to the description in its Documentation when used correct such deviation in a Supported Environment manner consistent with the support services that QSM provides for the first thirty (30) days of the License TermProducts. If, unless otherwise required by applicable law. If the media despite such commercially reasonable efforts QSM is defectiveunable to correct such deviation, your sole remedy in the event of a breach of this warranty will such items may be that Mindjet will replace any defective media returned to Mindjet within the warranty periodQSM for replacement, without charge. If the Software does not substantially conform With regard to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the material defects in the Software Related Materials, such items may be returned to QSM for replacement, without charge. This warranty does not cover defects arising from modifications or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use misuse of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawProducts. EXCEPT FOR AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRECEDING EXPRESS LIMITED WARRANTY, SOFTWARE AND RELATED MATERIALS ARE PROVIDED “AS IS” AND NO OTHER WARRANTIES ARE PROVIDED BY QSM WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWPRODUCTS WHETHER EXPRESS, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, OR IN INCLUDING, WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, INTEGRATION, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TITLECOURSE OF DEALING, QUIET ENJOYMENTCOURSE OF PERFORMANCE OR USAGE OF TRADE. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, AND NONINFRINGEMENT QSM MAKES NO WARRANTY THAT ANY LICENSED MATERIALS WILL OPERATE ERROR-FREE, FREE OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER, THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER THIRD PARTY SOFTWARE OR HARDWARE SELECTED BY YOU OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION PROVIDED BY QSM WILL CREATE A WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY FOR ANY AND ALL RISK ARISING FROM YOUR USE OF, THAT THE OPERATION OF OR INABILITY TO USE, THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOURELATED MATERIALS.

Limited Warranty. a. Mindjet Mapsoft warrants that the media on which the Software is distributed, if applicable, will be free from defects, and to you that the Software shall conform will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the description in its Documentation when used in location where you obtained it along with a Supported Environment for the first thirty copy of your sales receipt within such ninety (3090) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty day period. If the Software does not perform substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alterationthe entire and exclusive liability and remedy shall be limited to either, or addition has been made to at Mapsoft's option, the replacement of the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice the refund of the non-conformity within license fee you paid for the warranty periodSoftware. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityMAPSOFT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MAPSOFT'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET MAPSOFT AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER SUPPLIERS MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MAPSOFT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY OTHER PROVISION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN MAPSOFT REPRESENTATIVE HAS BEEN ADVISED OF THIS XXXXTHE POSSIBILITY OF SUCH DAMAGES, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSCLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSor the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERTo the extent permissible, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUany implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Mapsoft’s Customer Support Department.

Limited Warranty. a. Mindjet Abbasy Studio warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period contact Abbasy Studio and provide sufficient information regarding your acquisition of the Font Software so as to enable Abbasy Studio to verify the existence and date of the transaction. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Font Software does not perform substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its documentation, the instructions in its Documentation; (b) no modificationentire, alterationexclusive, or addition has been made and cumulative liability and remedy shall be limited to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice refund of the non-conformity within license fee you paid to Abbasy Studio to obtain delivery of the warranty periodFont Software. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityXXXXXX STUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ABBASY STUDIO BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER ABBASY STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT XXXX XXXXXX STUDIO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF ABBASY STUDIO HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF ABBASY STUDIO HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Abbasy Studio’ liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet Objectif Lune warrants that the Software media on which the Software is distributed, if applicable, will be free from defectsdefects in materials and workmanship, for a period of ninety (90) days from the date of its purchase. You must report all errors and that return the Software shall conform substantially to the description location where you bought it with a copy of your receipt within such period to be eligible for warranty service. Objectif Lune's and its suppliers' liability and the exclusive remedy shall be, at Objectif Lune's sole option, either (a) return of the price paid, or (b) repair or replacement of the Software if it does not meet Objectif Lune's Limited Warranty and if returned to Objectif Lune with a copy of your receipt. No warranty is given by Objectif Lune for and in the name of any of its Documentation when used in a Supported Environment suppliers. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE OBJECTIF LUNE CUSTOMER CARE DEPARTMENT AND PREVIOUSLY OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software media results from accident, abuse or misapplication. Any replacement of the Software media will be warranted for the first remainder of the original warranty period or thirty (30) days days, whichever is longer. Outside Canada, neither these remedies nor any product support services offered by Objectif Lune are available without proof of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of purchase from a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its duly authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodCanadian source. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityOBJECTIF LUNE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT THIS LICENSE AGREEMENT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE PRECEDING EXPRESS LIMITED OBJECTIF LUNE'S BREACH OF WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. For further warranty information, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSyou may contact your nearest Objectif Lune representative. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUContact information can be found at xxx.xxxxxxxxxxxx.xxx.

Limited Warranty. a. Mindjet Xtremesoft, Inc. warrants that the media on which Software, is warranted for a period of 30 days from the date of purchase (the "Warranty Period"). However, if the Software is distributedprovided to you for free trial and evaluation, if applicableit is provided 'as is' and contains no warranty. Xtremesoft, will be Inc., may, at its sole option, choose to provide technical support to you during any free from defects, trial and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty evaluation period. If during the Software does not substantially conform to the description in its DocumentationWarranty Period, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects a defect in the Software or replace appears, you may return the defective licensed softwareSoftware to Xtremesoft, andInc. for either replacement or, if Mindjet is unable to make so elected by Xtremesoft, Inc., refund of amounts paid by you under this Agreement. You agree that the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is foregoing constitutes your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeXtremesoft, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty Inc. of any kind to the maximum extent permitted by applicable lawwarranties made under this Agreement. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT IS LICENSED "AS IS," AND XTREMESOFT, INC. DISCLAIMS ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additional Warranty Limitation. Xtremesoft, TITLEInc. makes no guarantees or warranties about the ability of the Software to perform with your specific application. Limitation on Xtremesoft, QUIET ENJOYMENTInc. Liability. Xtremesoft, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSInc.'s entire liability and your entire remedy under this License Agreement shall be limited to not more than the license fees paid by you. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSIn no event shall Xtremesoft, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEInc. be liable for any indirect, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSincidental, DELAYSconsequential, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSspecial, DELIVERY FAILURESor exemplary damages or lost profits, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSeven if Xtremesoft, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty. a. Mindjet Any claim in anyway arising out of this agreement must be commenced within one (1) year of the delivery date. Seller warrants its goods, tooling and manufacturing against defects for Ninety (90) days subject to the following: Seller warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required goods manufactured by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has it have been properly installed and used at all times and manufactured in accordance with its standard practices. Unless expressly agreed upon in writing by Seller and Buyer, all goods, tools and materials shall be furnished subject to Seller’s standard tolerances and variations. If Seller’s manufactured and tooled products fail to function properly under normal and proper use because of defects in material or workmanship and written notice thereof is given to Seller no later than Ninety (90) days after date of receipt of such goods by Buyer, Seller (reserving the instructions in right to either inspect such defective products or request the return to Seller) will at its Documentation; (b) no modificationsole option, alterationcredit, repair, or addition has replace products determined by Seller to be defective, provided that the product shall not have been altered or repaired after shipment to Buyer. Buyer agrees that any custom orders manufactured by Seller to Buyer’s specifications, Seller only warrants that they conform to Buyers written specifications. Seller shall not be held liable to any third parties for use of Seller’s products once delivery is made to Buyer. This Limited Warranty is given only to the Software product by persons other than Mindjet original Buyer and it may not be transferred or its authorized representative; and (c) Mindjet receives written notice assigned to subsequent purchasers or transferees of the non-conformity within the warranty periodproduct. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIESWARRANTIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL, OR IN ANY OTHER PROVISION PUNITIVE DAMAGES ARISING OUT OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET PRODUCT SOLD HEREUNDER. THE FOREGOING STATES SELLER’S ENTIRE AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE EXCLUSIVE SOLE REMEDY FOR ANY DELAYSCLAIM OF DAMAGES IN CONNECTION WITH THE SALE OF GOODS AND PRODUCTS HEREUNDER WHETHER SUCH CLAIM IS BASED ON WARRANTY, DELIVERY FAILURESCONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHER OTHERWISE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY DAMAGE RESULTING OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH PROBLEMSDEFECT IN ITS GOODS. SOME JURISDICTIONS DO NOT ALLOW SELLER’S LIABILITY FOR LOSSES OR DAMAGES ARISING OUT OF THE EXCLUSION SUPPLYING OR USE OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO ITS PRODUCTS SHALL IN NO EVENT EXCEED THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPRICE CHARGED FOR THE PRODUCT.

Limited Warranty. a. Mindjet ChannelPoint warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially Deliverables to the description extent provided in its Documentation when used Section 10.2(b)(i) of the Agreement. ChannelPoint shall perform the services in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by good and workmanlike manner consistent with any applicable lawindustry standards. If the media is defective, your Zurich's sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your and ChannelPoint's sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy liability for a breach of this limited warranty and Mindjet’s sole and entire liabilitythe foregoing shall be for ChannelPoint to, at its option, either re-perform the Services or, if ChannelPoint cannot remedy any defects within a commercially reasonable time, refund sums paid for such non-conforming Services. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET CHANNELPOINT HEREBY EXPRESSLY DISCLAIMS ANY AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY ALL OTHER WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESKIND OR NATURE, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXXRELATING TO THE SERVICES PROVIDED HEREUNDER AND DELIVERABLES, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION 8 WITH RESPECT TO THE DELIVERABLES, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET CHANNELPOINT DOES NOT WARRANT OR REPRESENT THAT THE SOFTWARE DELIVERABLES WILL MEET YOUR REQUIREMENTS, BE FREE FROM BUGS OR THAT THE OPERATION USE OF THE SOFTWARE SUCH WILL BE UNINTERRUPTED OR ERROR-FREEFREE OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE RESULTS OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSUSE, DELIVERY FAILURESOF THE DELIVERABLES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSOTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERZurich understands that ChannelPoint is not responsible for and will have no liability for hardware, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsoftware, or other items or any services provided by any persons other than ChannelPoint, including without limitation items supplied by Zurich, except for the Third-Party Software provided by ChannelPoint as part of the Commerce Exchange Platform.

Limited Warranty. a. Mindjet AFStudio warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period, contact AFStudio and provide sufficient information regarding your acquisition of the Font Software so as to enable AFStudio to verify the existence and date of the transaction. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet AFStudio will replace any defective media returned use commercially reasonable efforts to Mindjet within cause the warranty period. If the Font Software does not substantially to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityAFSTUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AFSTUDIO’S BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER AFSTUDIO MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AFSTUDIO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF AFSTUDIO HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF AFSTUDIO HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that AFStudio’ liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawPRODUCTS SUPPLIED BY HTI ARE PROVIDED WITH ONLY THOSE WARRANTIES EXPRESSLY SET FORTH IN THE HTI WARRANTY SPECIFICATION RELEVANT TO THAT PRODUCT. If the media is defective, your Your sole remedy in the event of a and Company's sole obligation for breach of this warranty will be that Mindjet will replace reasonable efforts to correct any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, andnon-conformance or, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsthis cannot be accomplished, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alterationthen Company will issue you a credit for, or addition has been made to a refund of, the Software product by persons other than Mindjet or its authorized representative; purchase price and (c) Mindjet receives written notice original freight paid for the HTI-supplied Product. Disclaimer of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDWarranty. THE ABOVE WARRANTY IS EXCLUSIVE AND FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAND YOUR SOLE AND EXCLUSIVE REMEDIES. HTI DISCLAIMS ALL OTHER WARRANTIES, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENTOR ARISING FROM A COURSE OF DEALING, AND NONINFRINGEMENT USAGE OR TRADE PRACTICE. No agent or employee of HTI or any other party is authorized to make any warranty in addition to those made in this Agreement. Limitations on Use. You agree and represent that you are buying Product for your own use or the use of your direct customer. If Product purchased under this Agreement is intended for import or export, it may be subject to import or export regulations. You accept full responsibility for and agree to comply fully with all import or export regulations, including obtaining import or export licenses. The import or export of Products may also alter or void HTI’s or manufacturer's or publisher's warranty. PRODUCTS OFFERED BY HTI ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF INTELLECTUAL SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY RIGHTSDAMAGE. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET USE IN ANY SUCH APPLICATIONS IS AT YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDSOLE RISK. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND Limitation of Liability. HTI WILL NOT BE RESPONSIBLE LIABLE TO YOU FOR ANY DELAYSINDIRECT, DELIVERY FAILURESSPECIAL, INCIDENTAL OR OTHER DAMAGE RESULTING FROM ANY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION, ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH PROBLEMSDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAny liability for direct damages arising under this Agreement, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUregardless of the form of action or theory of relief, is limited to the purchase price of the Product. No action arising out of the transactions under this Agreement may be brought by you more than one (1) year after the damage, loss or expense occurred. HTI is not liable for any claim made by a third party or made by you for a third party. Termination. You may cancel any order for Product at no charge up to five (5) business days after order acceptance upon written notice to HTI, unless such Product has been modified or otherwise reconfigured in accordance with your order specifications. Cancellation shall not relieve your duty to pay for Products shipped, services performed or expenses incurred by HTI prior to such notice. If an order is cancelled, your sole remedy and HTI’s sole obligation will be a full or partial refund of the purchase price paid for the Product, less any direct unrecoverable costs incurred by HTI as a result of fulfilling your order. Cancellation and any refund of orders after five (5) business days from order acceptance are at the sole discretion of HTI and must be made in accordance with the policies of the manufacturer, component suppliers, publishers or other suppliers of the Product or its component parts. Governing Law and Venue. This Agreement will be governed by the laws of England and Wales without giving effect to any choice of law rules. You are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in London, United Kingdom, in any dispute arising out of or relating to this Agreement Assignment. HTI may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products and/or assign the right to receive payments without your consent. You may not assign this Agreement or any of its rights or obligations without the prior written consent of HTI. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributedENDOCARTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS LIMITED WARRANTY SET FORTH ON THE ENDOCARTS WEBSITE AT xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/termsconditions. ENDOCARTS HAS THE RIGHT TO MODIFY ITS LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION; HOWEVER, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, WARRANTY IN EXISTENCE ON THE DATE OF A PURCHASE ORDER WILL BE THE WARRANTY THAT APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE PRODUCT ACQUIRED UNDER SUCH PURCHASE ORDER. ANY SUCH MODIFIED LIMITED WARRANTY WILL BE SET FORTH ON THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDENDOCARTS WEBSITE. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ENDOCARTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORYSTATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR IN ANY OTHER PROVISION CONDITIONS OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTAS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET ENDOCARTS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE ANY PRODUCT WILL MEET YOUR BUYER’S REQUIREMENTS. Endocarts will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORincluding, without limitation, accident, vandalism, natural disaster, acts-FREEof-God, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDpower failure, or electric power surges; (ii) abuse, misuse, or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by Endocarts; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Endocarts. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSNo representative or agent of Endocarts has any authority to bind Endocarts to any other representation or warranty with respect to the Products or Services and any oral or written statement concerning the Products inconsistent with the warranty set forth on the Endocarts website will be of no force or effect. Any Products returned due to a defect will be subject to the RMA. Replacement Products issued by Endocarts will be subject to the same warranty as the warranty for the original Product and the same limitations, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUexceptions and conditions will apply.

Limited Warranty. a. Mindjet warrants Licensor warrants, for your benefit alone, for a period of 90 days (called the “Warranty and Support Period”) from the date of delivery of the software that the media on which the Software is distributed, if applicable, will be free from defects, and that during this period the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions functionality described in its Documentation; (b) no modificationthe User's Manual. If during the Warranty and Support Period, alteration, or addition has been made to a defect in the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of appears, Licensor will make all reasonable efforts to cure the non-conformity within defect, at no cost to You. You agree that the warranty period. This is foregoing constitutes your sole and exclusive remedy for a breach by Licensor of any warranties made under this limited warranty and Mindjet’s sole and entire liabilityAgreement. Licensor is not responsible for obsolescence of the Software that may result from changes in your requirements. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind shall apply only to the maximum extent permitted most current version of the Software issued from time to time by applicable lawLicensor. Licensor assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Licensed Program. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWSOFTWARE, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, TITLEdemands, QUIET ENJOYMENTor actions arising out of or relating to this Agreement shall not exceed the License Fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSincidental, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEconsequential, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSspecial, DELAYSor exemplary damages or lost profits, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSeven if Licensor has been advised of the possibility of such damages. SOME JURISDICTIONS STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Trademark. JPRO® is a registered trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of North Carolina.

Limited Warranty. a. Mindjet warrants that For the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first period of thirty (30) days from the date of your receipt of the License TermSoftware, unless otherwise required SilverStream warrants that the Software, when properly used, will operate in all material respects in conformity with its Documentation, and the Software media shall be free of defects. SilverStream warrants that Software telephone support and training services ("Related Service(s)") will be performed by applicable lawqualified personnel in a professional manner. If In the event of non-conforming Software or Related Service(s), or if the media is defective, your sole remedy in and SilverStream's exclusive liability shall be, as applicable and at SilverStream's option, replacement of the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the affected Software or replace the defective licensed softwaremedia, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use or re-performance of the licensed software and terminate your license to the Software provided that: (aRelated Service(s) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alterationadditional charge, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice a refund of the non-conformity within fees paid for the warranty periodaffected Software or Related Service(s). This is your sole and exclusive remedy for a breach Some jurisdictions do not allow the exclusion or limitation of this limited warranty and Mindjet’s sole and entire liabilityrelief, incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED EVALUATION SOFTWARE AND ANY THIRD PARTY SOFTWARE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYSTATUTORY OR OTHERWISE. SILVERSTREAM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IN ANY OTHER PROVISION OF THIS XXXXIMPLIED, STATUTORY OR COMMUNICATION WITH YOU OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLEAND WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, QUIET ENJOYMENTWITH RESPECT TO THE SOFTWARE, AND NONINFRINGEMENT ITS DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, RELATED SERVICES OR THAT DEFECTS ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (I) REGULARLY BACK UP DATA MAINTAINED ON ANY COMPUTER SYSTEM USING THE SOFTWARE MAY BE SUBJECT AND (II) ADEQUATELY TEST PRIOR TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE DEPLOYMENT EACH PRODUCTION VERSION OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSSOFTWARE IN A CONFIGURATION WHICH REASONABLY SIMULATES YOUR PLANNED DEPLOYMENT OR PRODUCTION ENVIRONMENT. This limited warranty gives you specific legal rights. You may have other rights that vary among jurisdictions. Some jurisdictions do not allow the exclusion of implied conditions or warranties, DELIVERY FAILURESstatutory or otherwise, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso the above exclusions may not apply to you.

Limited Warranty. a. Mindjet Seller warrants that the media on which the Software is distributed, if applicable, parts will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used made in a Supported Environment for workmanlike manner and in accordance with the first quality standards defined in this agreement. Customer will notify Seller in writing of any parts which were not made in accordance with this warranty within thirty (30) days after their delivery, and if Customer should fail to give such notification, claims for breach of the License Termwarranty, unless otherwise required by applicable lawif any, shall be waived. If the media is defective, your sole remedy Except in the event case of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationconversion work, your sole remedy will be that Mindjet shallSeller will, at its option own expense and its sole discretionoption, correct the defects in the Software either repair or replace the defective licensed softwareparts which Seller determines not to be in conformance with this warranty, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description provided that Customer has notified Seller in its Documentation after writing of any such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity defect within the warranty stated thirty (30) day period. This is your SELLER’S OBLIGATION HEREUNDER IS EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE PARTS WITHOUT COST TO CUSTOMER, OR AT SELLER’S OPTION, THE REPAYMENT OF THE PURCHASE PRICE UPON RETURN OF THE PARTS, AND SHALL NOT INCLUDE CLAIMS FOR DEFECTS ARISING FROM NEGLIGENCE, RECOVERY UNDER TORT OR STRICT LIABILITY LAW, CLAIMS BASED ON DEFECTIVE TRADE PRACTICES, EXPENSES OF CUSTOMER RESULTING FROM DEFECTS, LOSS OF USE, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND. Customer’s sole and exclusive remedy for a breach will be limited to such repair, replacement or return. Customer agrees to indemnify Seller from all liability arising from Customer’s faulty or improper design of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDpart. THE ABOVE WARRANTY IS EXCLUSIVE AND EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDParts may be returned at the expense of Seller only after inspection by a Seller representative and upon receipt by Customer of definite shipping instructions and an authorization identification number. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSuch returns shall be deducted from the total quantity shipped and replacements will be shipped against the original order.

Limited Warranty. a. Mindjet THE NEXT PHASE warrants that the media on which the Software is distributedin its browser version, iOS mobile app version, or Android mobile app version, if applicableprovided by THE NEXT PHASE, will be is free from defectsdefects in material and workmanship. THE NEXT PHASE’s sole liability, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a remedy, for any breach of this warranty will be that Mindjet will replace any shall be, in THE NEXT PHASE’s sole discretion: (i) to repair the defective media returned Software provided via the browser version, the iOS mobile app version, or the Android mobile app version ; or (ii) if the above remedy is impracticable, to Mindjet within refund the warranty period. If License fee you paid for the subscription of the Software does not substantially conform to the description in its Documentation, your sole remedy will during that period of time it was defective. Repaired Software and Documentation shall be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product covered by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty for the period remaining under the warranty that covered the original Software. Only if you inform THE NEXT PHASE of your problem with the Software during the applicable warranty period and Mindjet’s sole and entire liabilityprovide evidence of the date you subscribed to use the Software will THE NEXT PHASE be obligated to honor this warranty. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE NEXT PHASE. EXCEPT FOR THE PRECEDING EXPRESS LIMITED NEXT PHASE MAKES NO OTHER WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWREPRESENTATION, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESOR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION IMPLIED AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT NON-INFRINGEMENT OF INTELLECTUAL PROPERTY THIRD PARTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSDURATION OF IMPLIED WARRANTIES OR CONDITIONS, THAT INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERHOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. NO THE NEXT PHASE AGENT OR SALES REPRESENTATIVE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software in its iOS version or Android version by you during the warranty period; if the Software is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of the hardware and software with which the Software was designed to be used. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

Limited Warranty. a. Mindjet Xxxxxxxx-Medisize warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed standard and used at all times and custom products supplied hereunder shall be free from defects in accordance with the instructions in its Documentation; materials or workmanship appearing within a period of one year from delivery, (b) no modificationservices supplied hereunder shall be performed in a professional manor and comply with applicable industry standards, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice production tooling supplied hereunder shall be free from defects in material or workmanship and be capable of producing the number of units detailed in Xxxxxxxx-Medisize's proposal provided such tools are used and maintained exclusively by Xxxxxxxx- Medisize at Xxxxxxxx-Medisize's facilities, and (d) engineering samples, models, and prototypes shall be built from sound materials and conform to workmanship standards typical for such samples, models, or prototypes. Should the services, products, or production tools supplied hereunder fail to conform to the above stated limited warranty, Xxxxxxxx-Medisize in its sole discretion shall repair, replace, or refund the purchase price of the non-conformity within the warranty periodconforming services, products, or tools. This is your sole and remedy shall be Customer's exclusive remedy for a Xxxxxxxx-Medisize's breach of this limited warranty and Mindjet’s sole and entire liabilitywarranty. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty Customer shall give Xxxxxxxx-Medisize written notice of any kind alleged non-conformance within ten days (10) after discovery by Customer. Upon request, Customer shall return the allegedly non-conforming item, F.O.B. Xxxxxxxx-Medisize's facility, transportation charges prepaid. No warranty hereunder shall be assignable or transferable by Customer, or shall inure to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDany third party. THE ABOVE FOREGOING LIMITED WARRANTY IS AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL CONTRACT OR TORT LIABILITY AND ALL OTHER WARRANTIESWARRANTIES OR RIGHTS OF REJECTION, WHETHER EXPRESS OR IMPLIEDIMPLIED BY LAW, STATUTORYEQUITY, CONTRACT, CUSTOM, USAGE, OR IN ANY OTHER PROVISION COURSE OF THIS XXXXDEALING, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. XXXXXXXX- MEDISIZE SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEINCIDENTAL, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUCONTINGENT DAMAGES WHATSOEVER.

Limited Warranty. a. Mindjet EDUVERSE warrants that (a) the media SOFTWARE will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with EDUVERSE's written materials accompanying it, and (b) any Support Services provided by EDUVERSE shall be substantially as described in applicable written materials provided to you by EDUVERSE, and (c) EDUVERSE support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE. To the extent that implied warranties on which the Software is distributedSOFTWARE are disclaimable, they are disclaimed hereinbelow. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE, if applicableany, are limited to ninety (90) days. CUSTOMER REMEDIES. EDUVERSE's and its suppliers' entire liability and your exclusive remedy shall be for EDUVERSE to repair or replace the component(s) of the SOFTWARE that do not meet EDUVERSE's Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder, of the original warranty period or thirty (30) days of the License Termdays, unless otherwise required by applicable lawwhichever is longer. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET EDUVERSE AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESCONDITIONS, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTAND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND NONINFRINGEMENT THE PROVISION OF INTELLECTUAL PROPERTY OR FAILURE TO PROVIDE SUPPORT SERVICES, THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSYOU MAY HAVE OTHERS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT WHICH VARY FROM STATE/] URTSDICTION TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE/JURISDICTION.

Limited Warranty. a. Mindjet Seller warrants only that the media on which the Software is distributed, if applicable, goods sold hereunder to Purchaser will be free suitable for the general extrusion process at the time of delivery to Purchaser. Seller will, at the Seller’s sole option, either repair or replace those goods or refund the purchase price paid for those goods, provided the Purchaser has properly notified the Seller in writing of such defects or failure within 45 days from defectsthe date of delivery to Purchaser. This warranty is non-transferable and limited to the original Purchaser (and does not extend to any of Purchaser’s customers), and that is expressly null and void if the Software shall conform substantially goods have been used contrary to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License TermSeller’s specific instructions or have been subject to accident, unless otherwise required by applicable lawalteration, unauthorized modification, abuse or misuse. If the media This warranty is defective, your sole remedy in the event contingent upon Purchaser’s timely written notification of a breach of this warranty and full cooperation with Seller to allow Seller to inspect or test such goods to confirm the breach. In the event this warranty is breached, Seller will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed softwaregoods with conforming goods or, andat Seller’s election, if Mindjet is unable to make the deficient licensed software substantially conform repay or credit Purchaser with an amount equal to the description in its Documentation after purchase price of such commercially reasonable effortsgoods. In no event shall the goods be returned, to discontinue your use reworked or scrapped by the Purchaser without the express written authorization of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationSeller or this warranty is void. SELLER NEITHER ASSUMES, alterationNOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE OF GOODS OF SELLER AND THE WARRANTY OF SELLER SHALL NOT APPLY TO ANY GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no chargeTHE REMEDIES SET FORTH IN THIS WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO PURCHASER, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT AND SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE AND ANY LIABILITY OF SELLER SHALL NOT EXCEED THE PRICE PAID FOR THE PRECEDING EXPRESS LIMITED WARRANTY, GOODS CLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDBE DEFECTIVE. THE ABOVE THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN AND THIS WARRANTY SPECIFICALLY EXCLUDES ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SET FORTH IN THIS SECTION, TITLE, QUIET ENJOYMENT, ALL OBLIGATIONS OR LIABILITIES OF SELLER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GOODS ARE FULLY DISCLAIMED AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUEXCLUDED.

Limited Warranty. a. Mindjet Subject to the limitations of Section 5, Xxxxx warrants that the media on which the Software is distributed, if applicable, Systems engineered by Xxxxx will be free from defectsdefects in material and workmanship under normal use and regular service and maintenance for a period of one (1) year from the date of shipment of the Products by Seller, unless otherwise specified by Seller in writing. Products purchased by Customer from a third party for resale to Customer will carry only the warranty extended by the original manufacturer. EXCEPT AS SPECIFIED ABOVE, PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 4 AND THE WARRANTY SET FORTH IN SECTION 6 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY XXXXX WITH RESPECT TO THE SERVICES AND PARTS 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 XXXXX IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT THE PARTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY XXXXX FOR CUSTOMER’S OR ANY OTHER PERSON’S USE OR PURPOSE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, Customer’s or any other person’s negligence, 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 Xxxxx, and, unless otherwise specified by Xxxxx in writing, This warranty ONLY applies to the original purchaser of the System. Xxxxx has no duty to install, inspect, observe, advise and/or warn as to the Systems, or as to any other products or conditions located on Customer’s property or work site, at the time of sale, delivery, or otherwise. To the extent that Customer or its agents has supplied specifications, information, representation of operating conditions or other data to Xxxxx that are used in the selection or design of the Systems and the preparation of Xxxxx’x quotation, and in the event that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first actual operating conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein which are affected by such conditions are null and void. If within thirty (30) days after Customer’s discovery of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this any warranty will be that Mindjet will replace any defective media returned to Mindjet defects within the warranty period. If the Software does not substantially conform to the description period or within ten (10) days after shipment for quantity discrepancies, Customer notifies Xxxxx thereof in its Documentationwriting, your sole remedy will be that Mindjet Xxxxx shall, at its option and its sole discretionoption, repair, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.replace

Limited Warranty. a. Mindjet Seller warrants to Buyer only that the media on which the Software is distributed, if applicable, Goods will be free from defectsmaterial defects in material and workmanship for a period of one (1) year from the date of shipment, subject to Seller’s standard manufacturing and commercial variations and practice. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE GOODS AND EXPRESSLY DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. Seller is not liable for a breach of this warranty if: (a) Buyer makes any further use of such Goods it discovered or ought to have discovered the defect; (b) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Goods; or (c) Buyer alters or repairs the Goods without the prior written consent of Seller. SELLER’S LIABILITY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER’S OPTION, OF ANY DEFECTIVE GOODS. Seller is not liable for breach of this warranty unless: (y) Buyer gives written Notice of the defect, reasonably described, to Seller within seven (7) days of the time when Xxxxx discovers or should have discovered the defect, and that (z) Buyer returns the Software shall conform substantially defective Goods to the description in its Documentation when used in a Supported Environment Seller for the first repair or replacement within thirty (30) days of such Notice, with a return authorization number, obtained from Seller, clearly marked on the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use outside of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDreturn container. THE ABOVE WARRANTY IS REMEDIES SET FORTH IN THIS SECTION ARE BUYER'S SOLE AND EXCLUSIVE REMEDY AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN SELLER'S ENTIRE LIABILITY FOR ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION BREACH OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS LIMITED WARRANTY SET FORTH IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS SECTION.

Limited Warranty. a. Mindjet KWizCom warrants that the media on which the Software is distributed, if applicable, distributed will be free from defects, and that defects for a period of sixty (60) days from the date of delivery of the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawYou. If the media is defective, your Your sole remedy in the event of a breach of this warranty will be that Mindjet will KWizCom will, at its option, replace any defective media returned to Mindjet KWizCom within the warranty periodperiod or refund the money you paid for the Software. If KWizCom does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. Further, KWizCom does not substantially conform make any warranties with respect to third party software or the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in integration between the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed and such third party software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue as well as Software’s interoperability with your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodhardware. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSRIGHTS 5. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSDisclaimer of Damages SOME STATES AND COUNTRIES, THAT THE OPERATION INCLUDING MEMBER COUNTRIES OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEEUROPEAN ECONOMIC AREA, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES LIABILITY FOR INCIDENTAL OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO THE ABOVE BELOW LIMITATION OR EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL KWizCom OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF KWizCom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL KWizCom OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Limited Warranty. a. Mindjet profonts warrants that the profonts Software delivered to you to be free of defects in workmanship and manufacture for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. profonts`s entire liability and your exclusive remedy as to such physical media on which shall be replaced if the Software physical media that does not meet profonts`s Limited Xxxxxxxx is distributedreturned to profonts with a copy of the receipt. If failure of any physical media has resulted from accident, if applicableabuse, or misapplication, profonts shall have no responsibility to replace the physical media. Any replacement of physical media will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder of the original warranty period or thirty (30) days of the License Termdays, unless otherwise required by applicable lawwhichever is longer. If the media is defectiveEXCEPT AS EXPRESSLY PROVIDED ABOVE, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodTHE profonts SOFTWARE AND DOCUMENTATION ARE PROVIDED „AS IS" . If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodprofonts DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE profonts SOFTWARE OR DOCUMENTATION. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR profonts's BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, profonts MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES NON - INFRINGEMENT OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYTHIRD PARTY RIGHTS, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET profonts DOES NOT WARRANT THAT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF MERCHANTABILITY AND FITNESS FOR A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUPARTYICULAR PURPOSE.

Limited Warranty. a. Mindjet Monotype warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty ninety (3090) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the ninety (90) day warranty period, notify Monotype. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet Monotype will replace any defective media returned use reasonable efforts to Mindjet within cause the warranty period. If the Font Software does not substantially to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityMONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF MONOTYPE HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non- returnable and nonrefundable.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, The software was created and that the Software shall conform substantially to the description in its Documentation when used in tested by a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and engineer in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been standard engineering practices. Every reasonable attempt was made to verify the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice accuracy of the non-conformity within the warranty periodsoftware and its documentation. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityCASCADE CONSULTING ASSOCIATES, INC. The foregoing excludes Software made available by Mindjet at no chargeWARRANTS THAT THE SOFTWARE SHALL BE OF CASCADE CONSULTING ASSOCIATES, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” accountINC’S STANDARD QUALITY AND FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. CASCADE CONSULTING ASSOCIATES, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT INC’S SOLE LIABILITY AND OBLIGATION CONCERNING THE SOFTWARE WILL BE TO REPLACE DEFECTIVE DISKETTES OR PRINTED MATERIALS WHICH PREVENT THE SOFTWARE FROM PERFORMING AS DESCRIBED IN THE ACCOMPANYING WRITTEN MATERIALS FOR THE PRECEDING EXPRESS LIMITED WARRANTY, SOFTWARE. DEFECTS MUST BE REPORTED IN WRITING TO CASCADE CONSULTING ASSOCIATES INC. WITHIN 60 DAYS FROM YOUR RECEIPT OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDSOFTWARE. THE ABOVE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT. BY WAY OF EXAMPLE, AND NONINFRINGEMENT NOT AS A LIMITATION OF INTELLECTUAL PROPERTY RIGHTSTHE FOREGOING, CASCADE CONSULTING ASSOCIATES, INC. MINDJET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THE USER’S REQUIREMENTS OR THAT THE PROGRAM WILL OPERATE IN THE COMBINATION WHICH THE USER SELECTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE ANYONE MAKING USE OF THE INTERNET SOFTWARE ASSUMES ALL LIABILITY ARISING FROM ITS USE. IT IS THE RESPONSIBILITY OF THE USER OF THE SOFTWARE TO VERIFY THE AVAILABILITY, SUITABILITY AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT ADEQUACY OF ANY STRUCTURAL MEMBER CHOSEN FOR DESIGN AND/OR CONSTRUCTION. IN NO EVENT SHALL CASCADE CONSULTING ASSOCIATES, INC. BE RESPONSIBLE LIABLE FOR ANY DELAYSLOSS OF BUSINESS PROFITS, DELIVERY FAILURESBUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGE RESULTING FROM ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY THE USER OR OTHERS AS A RESULT OF THE USE, INABILITY TO USE OR MISUSE OF THE SOFTWARE, EVEN IF CASCADE CONSULTING ASSOCIATES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PROBLEMSDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERUSER’S SOLE REMEDIES ARE AS SET FORTH ABOVE. In the event that you wish to obtain the replacement of a defective diskette or printed materials during the 60-day warranty period, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUyou must send the defective part or parts postage paid, to Cascade Consulting Associates, Inc., XX Xxx 0000, Xxxxxxxxx, Xxxxxx 00000. Please include your name, address and a copy of the packing slip or a copy of your receipt and a brief description of the defect.

Limited Warranty. a. Mindjet Subject to the limitations of Section 6, Seller warrants that it will perform the media on which Work as described in this Agreement and will exercise all reasonable skill, care and due diligence in the Software is distributed, if applicable, will performance of the Work and shall perform the Work in accordance with professional practice. Seller warrants that all Work performed shall be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in faulty workmanship for a Supported Environment for the first period of thirty (30) days from completion of Work. To the License Termextent assignable, unless otherwise required Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of goods and parts. For goods manufactured by Seller, Seller's standard warranty that is applicable lawto the goods at the time of purchase is the only warranty applicable to the sale of Seller's goods and its terms, conditions and limitations are incorporated by reference herein. If the media For parts manufactured by Seller or Work that is defectivea Modification, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodshall be one (1) year from the date of shipment of such by Seller. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software A “Modification” is integrating new controls and/or switchgear components into existing switchgear or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance upgrading an automatic transfer switch with the instructions in its Documentation; (b) no modification, alteration, new components or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawaccessories. EXCEPT FOR AS SPECIFIED ABOVE, GOODS AND PARTS NOT MANUFACTURED BY SELLER ARE FURNISHED HEREUNDER ARE FURNISHED AS- IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE PRECEDING EXPRESS LIMITED WARRANTY, WARRANTY SET FORTH IN THIS SECTION 5 AND THE WARRANTY SET FORTH IN SECTION 7 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET WORK AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYARISING BY OPERATION OF LAW OR OTHERWISE, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYLIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, TITLEDRAWINGS OR OTHERWISE. This warranty does not extend to any losses or damages due to misuse, QUIET ENJOYMENTaccident, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSabuse, 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. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSTo the extent that Buyer or its agents have supplied specifications, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEinformation, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDrepresentation of operating conditions or other data to Seller that is used in (i) the selection of the Work and (ii) the preparation of Seller's quotation and/or scope of work, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSBuyer assumes all other responsibility for any loss, DELAYSdamage, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSor injury to persons or property arising out of, DELIVERY FAILURESconnected with, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERor resulting from the use of Work, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUeither alone or in combination with other goods or services.

Limited Warranty. a. Mindjet warrants We warrant that the media disk on which the Software and TLVs® and BEIs® and Documentation is distributed, if applicable, recorded will be free from defects, defects in materials and that the Software shall conform substantially to the description in its Documentation when used in workmanship under normal use and service for a Supported Environment for the first thirty period of ninety (3090) days from the date of delivery. Our entire liability and your exclusive remedy under this paragraph shall be replacement of the License Term, unless otherwise disk not meeting this Limited Warranty. You may be required by applicable lawto return the defective disk to us. If failure of the media is defectivedisk has resulted from accident, your sole remedy in abuse, or misapplication of the event of a breach of this warranty will be that Mindjet will replace any defective media returned Software, then we shall have no responsibility to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed softwaredisk under this Limited Warranty. OTHER THAN THE EXPRESS WARRANTY SET OUT ABOVE, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE AND TLVs® AND BEIs® AND DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND TLVs® AND BEIs® AND DOCUMENTATION ARE ASSUMED BY YOU. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND YOU RELY ON THE SOFTWARE AND RESULTS/PERFORMANCE SOLELY AT YOUR OWN RISK. THE ABOVE IS THE ONLY WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYTHAT IS MADE BY US WITH REGARD TO THE SOFTWARE AND THE TLVs® AND BEIs® AND DOCUMENTATION, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT YOU MAY ALSO HAVE OTHER RIGHTS THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT VARY FROM STATE TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE.

Limited Warranty. a. Mindjet Corel warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your Your sole remedy in the event of a breach of this warranty will be that Mindjet Corel will replace any defective media returned to Mindjet Corel within the warranty period. If the Software does not substantially conform to the description in its Documentation, your Your sole remedy will be that Mindjet Corel shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet Corel is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your Your use of the licensed software and terminate your Your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet Corel or its authorized representative; and (c) Mindjet Corel receives written notice of the non-conformity within the warranty period. This is your Your sole and exclusive remedy for a breach of this limited warranty and MindjetXxxxx’s sole and entire liability. The foregoing excludes Software made available by Mindjet Corel at no charge, including without limitation the MindManager Reader, any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET COREL AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET COREL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET COREL EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty. a. Mindjet Seller warrants to Customer that the media on which the Software is distributed, if applicable, will be Goods and are free from defectsmaterial defects in material. EXCEPT FOR THE PRECEDING WARRANTY, and that SELLER MAKES NO WARRANTY WHATSOEVER, AND HEREBY EXPRESSLY DECLAIMS ANY AND ALL OTHER WARRANTIES, WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Seller shall not be liable for a breach of warranty unless: (i) Customer gives written notice of the Software shall conform substantially defect, reasonably described, to the description in its Documentation when used in a Supported Environment for the first Seller within thirty (30) days of the License Term, unless otherwise required time when Customer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Customer (if requested to do so by applicable lawSeller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Customer's claim that the Goods are defective. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform Subject to the description in its Documentationabove, your sole remedy will be that Mindjet with respect to any such Goods, Seller shall, at its option and in its sole discretion, correct the defects in the Software either: (i) repair or replace such Goods (or the defective licensed software, andpart) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Mindjet is unable Seller so requests, Customer shall, at Seller's expense, return such Goods to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDSeller. THE ABOVE WARRANTY IS REMEDIES SET FORTH HEREIN SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN SELLER'S ENTIRE LIABILITY FOR ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION BREACH OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORLIMITED WARRANTY SET FORTH HEREIN. 1028394-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.5

Limited Warranty. a. Mindjet Craft Supply Co warrants to you that the media on which the Font Software is distributed, if applicable, will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermFont Software. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period contact Craft Supply Co and provide sufficient information regarding your acquisition of the Font Software so as to enable Craft Supply Co to verify the existence and date of the transaction. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet Craft Supply Co will replace any defective media returned use reasonable efforts to Mindjet within cause the warranty period. If the Font Software does not substantially to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityCRAFT SUPPLY CO DOES NOT WARRANT THEPERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CRAFT SUPPLY CO'S BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER CRAFT SUPPLY CO MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet OPC Foundation warrants that the media on which Software, installation scripts, and future Updates will be provided to Customer for a period of twelve (12) months from the Effective Date. Customer may extend the Update period by purchasing a Maintenance Agreement. Customer assumes full responsibility for: (i) the selection, download, and installation of the Software;(ii) the proper use of the Software; (iii) verifying the results obtained from the use of the Software; and (iv) taking appropriate measures to prevent loss of data. OPC Foundation does not warrant that the operation of the Software is distributed, if applicable, will meet Customer’s requirements or that Customer will be free able to achieve any particular results from defects, and use or Modification of the Software or that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawoperate free from error. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AS EXPRESSLY SET FORTH IN SECTIONS 7 AND 8 OF THIS AGREEMENT,OPC FOUNDATION AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESS,IMPLIED OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXXINCLUDING, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION LIMITATION, THE IMPLIED WARRANTIES IMPLIEDWARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND ,NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANYWARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSEOF DEALING. MINDJET WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT OPC FOUNDATION DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT RUN UNINTERRUPTED OR ERROR FREE. THE OPERATION ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER. UNDER NO CIRCUMSTANCES WILL OPC FOUNDATION BE UNINTERRUPTED LIABLE FOR ANY SPECIAL, INDIRECT,INCIDENTAL, EXEMPLARY OR ERROR-FREECONSEQUENTIAL DAMAGES OF ANY KIND OR NATUREWHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY OR THAT DEFECTS OTHERWISE, ARISING OUT OF OR IN ANY WAYRELATED TO THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSSOFTWARE, DELAYSEVEN IF OPC FOUNDATION HAS BEEN ADVISED ON THEPOSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIALPURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSTPROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE ORMALFUNCTION OR IMPAIRMENT OF OTHER PROBLEMS INHERENT GOODS. IN NO EVENT WILL OPC FOUNDATION BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY ANY COVERED CODE IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUAUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will Instruments and equipment manufactured by LECO are warranted to be free from defectsdefects in material and workmanship for a period of thirteen (13) months from the date of shipment or twelve (12) months from installation, whichever is sooner, unless otherwise stated in writing by XXXX. If the goods furnished by LECO fail to conform to LECO’s exclusive limited warranty, LECO’s sole and exclusive liability shall be (at LECO’s option), and that the Software shall conform substantially given reasonable time, to repair, replace or credit Buyer’s account for any such goods returned by Buyer and proved to be defective, as decided by LECO. All returns must be shipped by Xxxxx prepaid to LECO to the description in its Documentation when used in address provided. This obligation does not include labor or travel expense to repair or replace defective parts, nor does it cover failure due to accident, abuse, neglect, alteration, unauthorized repair or misuse per instructions provided by LECO. In no event shall damages for defective goods exceed the purchase price of the goods, and LECO shall not be liable for incidental or consequential damages whatsoever. All replacement parts shall be covered under warranty for a Supported Environment for the first period of thirty (30) days from the date of the License Termpurchase. Expendable items such as crucibles, unless otherwise required combustion tubes, chemicals and items of like nature are not covered by applicable lawthis warranty. If the media is defectiveA WARRANTY REGISTRATION MUST BE COMPLETED WITHIN TEN (10) DAYS FROM THE DATE OF INSTALLATION. FAILURE TO PROVIDE A WARRANTY REGISTRATION MAY VOID ALL WARRANTY TERMS OR ALTER THE WARRANTY START DATE TO BEGIN WITH THE DATE OF SHIPMENT OF GOODS. ALL CLAIMS IN REGARDS TO THE GOODS OR PARTS PURCHASED MUST BE MADE WITHIN TEN (10) DAYS AFTER BUYER IS AWARE OF THE FACTS UPON WHICH SUCH CLAIM IS BASED. AUTHORIZATION MUST BE OBTAINED FROM LECO PRIOR TO RETURNING ANY GOODS OR PARTS. WARRANTY IS VOIDED BY FAILURE TO COMPLY WITH ANY OF THESE REQUIREMENTS. CONSUMABLE ITEMS SUCH AS CRUCIBLES, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its DocumentationCOMBUSTION TUBES, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawCHEMICALS AND ITEMS OF LIKE NATURE ARE EXCLUDED FROM WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY SET FORTH ABOVE IN THE FIRST PARAGRAPH OF THIS SECTION 5, LECO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED INSTRUMENTS, EQUIPMENT OR OTHER GOODS MANUFACTURED BY APPLICABLE MANDATORY LAWLECO, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT INCLUDING ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE MERCHANTABILITY, WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESFITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIEDIMPLIED BY LAW, STATUTORYCOURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR IN OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED. Instruments, equipment or other goods not manufactured by LECO but distributed by LECO will be covered to the extent of the warranty provided by the original manufacturer. Warranty information is provided with the Products. Copies of warranties may be requested in writing in advance of any purchase or shipment. Such Products are not covered by the warranty set forth above in the first paragraph of this Section 5. LECO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY OTHER PROVISION OF THIS XXXXSUCH PRODUCT, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERTHIRD PARTY, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUWHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED.

Limited Warranty. a. Mindjet Provider warrants that it has the media on which power and authority to grant the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment subscription for the first thirty (30) days 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 the License Term, unless otherwise required by applicable lawRemedy and Liability. If the media is defective, your Client represents that it accepts sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided thatcomplete responsibility for: (a) the Software has been properly installed and used at all times and in accordance with selection of the instructions in its DocumentationServices to achieve Client's intended results; (b) no modification, alteration, or addition has been made to use of the Software product by persons other than Mindjet or its authorized representativeServices; and (c) Mindjet receives written notice the results obtained from Services. Provider does not warrant that the Client’s use of the nonServices will be uninterrupted or error-conformity within the warranty periodfree. This is your sole Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and exclusive remedy for a breach of this limited warranty Client shall defend Provider from any demand or claim, and Mindjet’s sole indemnify and entire liability. The foregoing excludes Software made available by Mindjet at no chargehold Provider harmless from any and all losses, costs, expenses, or damages, including without limitation any trial reasonable attorneys’ fees, directly or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty indirectly resulting from Client’s use of any kind to the maximum extent permitted by applicable lawServices. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT ANY WARRANTIES LIMITATION, DAMAGES FOR LOSS OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYBUSINESS INFORMATION, OR IN ANY OTHER PROVISION PECUNIARY LOSS) ARISING OUT OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF OR INABILITY TO USE THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSSERVICES, DELIVERY FAILURESWHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER DAMAGE RESULTING FROM ANY OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PROBLEMSDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERIn any event, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUunder no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous three (3) months.

Limited Warranty. a. Mindjet THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The entire risk arising out of use or performance of the Software Product and Service (including, without limitation, the Game Software, the Manual(s), and Documentation) remains with the user. However, Hi-Rez warrants that the media on which containing the Software is distributedProduct, if applicable, will be free from defects, defects in material and that the Software shall conform substantially to the description in its Documentation when used in workmanship for a Supported Environment for the first period of thirty (30) calendar days from the date of your purchase of the License Term, unless otherwise required by applicable lawsoftware product. If the media is defective, your sole remedy in In the event that such media proves to be defective during such thirty (30) calendar day period, and upon presentation to Hi-Rez, or the retailer from whom you purchased the software product, of a breach proof of this warranty will be that Mindjet will replace any defective media returned to Mindjet within your purchase, Hi-Rez, or the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shallretailer will, at its option and its sole discretionoptions, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) correct the defect in material and workmanship in the media containing the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; Product, (b) no modification, alterationprovide you with a similar product of similar value, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of refund the non-conformity within money you paid for the warranty periodSoftware Product. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH ABOVE. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYFOREGOING WARRANTY WITH RESPECT TO DEFECTIVE MEDIA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE PRODUCT (INCLUDING, WITHOUT ANY WARRANTIES LIMITATION, THE GAME SOFTWARE, THE MANUAL(S), ALL DOCUMENTATION, AND CONTENT) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN WITHOUT LIMITATION, ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTOR NON-INFRINGEMENT. Some states do not allow the exclusion or limitation of implied warranties, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUso the above limitations may not apply to you.

Limited Warranty. a. Mindjet Licensor warrants that the media on which the Software is distributed, if applicable, will Products sold hereunder shall be free from defects, new and that the Software shall conform operate substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with its user documentation for a period of ninety (90) days from the date of shipment by Licensor (hereinafter the "Warranty Period"). If, during the Warranty Period, Dell believes any Product to be defective, Dell shall immediately notify Licensor in writing and shall follow Licensor's instructions in its Documentation; regarding the return of such Product. Licensor's sole liability to Dell, and Dell's sole remedy, shall be, at Licensor's option, (bi) no modification, alterationrepair or replacement of the Product which does not comply with this Limited Warranty, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (cii) Mindjet receives written notice return of the non-conformity within amount paid by Dell for the warranty periodProduct which does not comply with the Limited Warranty. This In the event Licensor determines that the Product is your sole in compliance with this Limited Warranty, Dell shall pay the cost of all charges associated with the inspection and exclusive remedy for a breach shipment of this limited warranty and Mindjet’s sole and entire liabilitysuch Product by Licensor. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawDell Confidential 3 LICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE PRECEDING EXPRESS THIS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYEITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR IN OTHERWISE, AND LICENSOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTSATISFACTORY QUALITY, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE PROVISIONS SET FORTH ABOVE STATE LICENSOR'S ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. NO CONSEQUENTIAL DAMAGES. LICENSOR WILL MEET YOUR REQUIREMENTSNOT, THAT THE OPERATION UNDER ANY CIRCUMSTANCES, BE LIABLE TO DELL OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST OPPORTUNITY COSTS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE SOFTWARE WILL BE UNINTERRUPTED FORM OF ACTION ARISING OUT OF OR ERROR-FREERELATING TO THIS WARRANTY OR RESULTING FROM THE SALE OF PRODUCTS OR USE BY DELL OR ANY OTHER PARTY OF SUCH PRODUCTS, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE EVEN IF LICENSOR HAS BEEN NOTIFIED OF THE INTERNET POSSIBILITY OF SUCH DAMAGES AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR NOTWITHSTANDING ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FAILURE OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS AN ESSENTIAL PURPOSE OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS LIMITED WARRANTY.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially Seller provides a limited warranty for goods shipped pursuant to the description in its Documentation when used an order. Seller’s warranty terms are set forth in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable lawseparate warranty certificate available upon request. If the media is defective, your sole remedy in the event of a breach of this Seller’s warranty will be that Mindjet will replace any defective media returned to Mindjet void if full payment for the goods is not received within the agreed upon terms of sale. Any verbal representations intended to modify any existing warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will shall be that Mindjet shall, at its option invalid and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawunenforceable against Seller. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTY DESCRIBED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY THERE ARE NO WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS MERCHANTABILITY OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENTPURPOSE WITH RESPECT TO THE GOODS OR ANY PART OF COMPONENT THEREOF AND NO WARRANTY SHALL BE IMPLIED BY OPERATION OF LAW OR OTHERWISE. BUYER ASSUMES FULL RESPONSIBILITY THAT THE MATERIALS PURCHASED UNDER THE AGREEMENT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSSELLER MAKES NO REPRESENTATION WITH RESPECT TO THEM. MINDJET DOES NOT WARRANT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE SET FORTH HEREIN. XXXXX UNDERSTANDS AND AGREES THAT XXXXX’S FAILURE TO ADHERE TO THIRD-PARTY HARDWARE VENDOR RECOMMENDATIONS RELATED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION GOODS VOIDS ANY AND ALL WARRANTIES OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREESELLER. Seller's liability on all claims of any kind, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDwhether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from the Goods or the Contract between Seller and Buyer, will in no case exceed the price allocable to the specific Good that gives rise to the claim. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSThe remedies contained in this Warranty constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under this Contract, DELAYSwhether of warranty or otherwise. In no event shall Seller be liable for incidental, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSconsequential, DELIVERY FAILURESor special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSincluding, without limitation, lost revenues, profits, or recall expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERNo variation or change from this Warranty will be binding upon Seller unless made in writing and signed by an officer of Seller. Unless otherwise specifically provided on the quotation or invoice, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUthe Agreement does not include any services of Seller in connection with installation, testing, or evaluation of the Materials. The sole remedy of Buyer in connection with any acts or omissions of Seller in the provision of technical support will be the provision of further technical support to Buyer reasonably required to correct the act or omission.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the you discover physical defects in the Software or media, Alazar Technologies, Inc. will replace the defective licensed softwaremedia or documentation at no charge to you, andprovided you return the item to be replaced with proof of payment to Alazar Technologies, if Mindjet is unable to make Inc. during the deficient licensed software substantially conform to the description in its Documentation 90-day period after such commercially reasonable efforts, to discontinue your use having taken delivery of the licensed software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and terminate your license documentation to Alazar Technologies, Inc. for replacement. Although Alazar Technologies, Inc. has tested the Software provided that: (a) software and reviewed the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationdocumentation, alterationALAZAR TECHNOLOGIES, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodINC. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityMAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The foregoing excludes Software made available by Mindjet at no chargeAS A RESULT, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” and “as available” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with all faults and without warranty this software, including the costs of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDrecovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE WARRANTY IS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESOTHERS, WHETHER EXPRESS ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Alazar Technologies, STATUTORYInc. dealer, OR IN ANY OTHER PROVISION OF THIS XXXXagent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYInc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, FITNESS FOR A PARTICULAR PURPOSEelectronic or mechanical, TITLEincluding photocopying and recording, QUIET ENJOYMENTfor any purpose without the written permission of Alazar Technologies, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSInc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSThis warranty gives you specific legal rights, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEand you may also have other rights, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDwhich vary from jurisdiction to jurisdiction. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.Contents 1 Introduction 1

Limited Warranty. a. Mindjet MIC warrants that that, for a period of 90 days from the first installation of the Software (the "Warranty Period"), the Software will perform substantially in accordance with the Documentation. This Limited Warranty is void if the failure of the Software has resulted from accident, abuse or misapplication. If, during the Warranty Period, a defect appears in the Software, you may return the media on which the Software is distributedwas provided to you, to MIC for a replacement, or, if applicableso elected by MIC, will be free from defectsrefund the most recent quarterly license fee, and if any, paid by you for the continuation of this Agreement. Neither MIC nor any of its Authorized Providers warrant the completeness or accuracy of any information contained in the Software, Documentation or Data, or that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate Software will meet your license to the Software provided that: needs or that its use will be uninterrupted or error free. THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH BY MIC OR ITS AUTHORIZED PROVIDERS OF ANY WARRANTIES (aEXPRESS OR IMPLIED) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawMADE UNDER THIS AGREEMENT. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYWARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET SOFTWARE IS LICENSED "AS IS," AND MIC AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT AUTHORIZED PROVIDERS DISCLAIM ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORNON-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDINFRINGEMENT. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSDATA IS PROVIDED COMPLETELY "AS IS" AND WITHOUT WARRANTY OF ANY KIND, DELAYSEITHER EXPRESS OR IMPLIED, AND OTHER PROBLEMS INHERENT IN INCLUDING, WITHOUT LIMITATION, THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OF MERCHANTABILITY OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF FITNESS FOR A CONSUMERPARTICULAR PURPOSE. NO MIC DEALER, SO DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUFOREGOING WARRANTIES. Some states or countries may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country.

Limited Warranty. a. Mindjet warrants that In lieu of and as a substitute for all implied warranties of any kind, concurrent with the media on which the Software is distributedexecution of this Contract, if applicable, will be free from defectsSeller has delivered, and that Xxxxx acknowledges accepting the Software terms of and receiving the Limited Warranty (the "Limited Warranty") offered by Seller for the Unit attached hereto as Exhibit B, the terms and conditions of which are hereby incorporated by reference. Buyer shall conform substantially perform or have performed whatever inspections of the Unit Buyer so desires in order to assure Xxxxx as to the description in its Documentation when used in a Supported Environment for the first thirty (30) days quality and condition of the License Term, unless otherwise required by applicable lawUnit. If the media Seller is defective, your sole remedy found to be responsible for remedying a Defect (defined in the event of a breach of this warranty will Limited Warranty) and Seller fails to remedy such Defect, Seller’s responsibility and liability shall be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects limited as set forth in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodLimited Warranty. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS WARRANTIES CONTAINED IN THE LIMITED WARRANTY, TO WARRANTY ARE THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY ONLY WARRANTIES OF ANY KIND. KIND WHATSOEVER WITH RESPECT TO THE ABOVE WARRANTY IS EXCLUSIVE FRACTIONAL INTEREST, THE UNIT AND IN LIEU OF ALL OTHER WARRANTIESTHE COMMON ELEMENTS, WHETHER EXPRESS OR IMPLIED. XXXXX UNDERSTANDS AND AGREES THAT SELLER'S LIABILITY, STATUTORYWHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, IS LIMITED TO THE REMEDY OF REPAIR, REPLACEMENT OR PAYMENT AS SET FORTH IN THE LIMITED WARRANTY. NO WARRANTY SERVICE OR ANY STEPS TAKEN BY SELLER TO CORRECT DEFECTS OR ALLEGED DEFECTS SHALL EXTEND THE WARRANTY PERIOD BEYOND THE ONE-YEAR LIMITED WARRANTY PERIOD. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR IN ANY OTHER PROVISION EMOTIONAL DISTRESS. NO ACTION, REGARDLESS OF THIS XXXXFORM, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREETRANSACTIONS UNDER THIS CONTRACT, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE USE CAUSE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSACTION HAS ACCRUED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.Buyer Initials: /

Limited Warranty. a. Mindjet Other than as to warranties otherwise expressly agreed to, in writing, by Buyer and Seller, Seller warrants to Buyer that: 1) for a period of twelve (12) months from the date of delivery of the Goods other than “specialty pulleys”, Engineered Class pulleys, or ProDuty® pulleys; 2) the lesser of twelve (12) months or two thousand (2,000) hours of use for “specialty pulleys”; 3) two (2) years for Engineered Class pulleys or 4) ten (10) years for ProDuty® pulleys (“Warranty Period”), that the media on which the Software is distributed, if applicable, such Goods will be free from defectsmaterial defects in material and workmanship, and that the Software shall conform substantially to the description in its Documentation when used in under normal load and operating conditions and installed and maintained properly. Warranties shall not apply to any Goods which have been subject to misuse, misapplication, accident, neglect, modification, repair, improper maintenance, improper storage or improper installation. Misuse includes, but is not limited to, deterioration by chemical action, wear by presence of abrasive material, or improper lubrication. System design is the sole responsibility of Buyer and excessive or undefined loads shall not be warranted. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE (EXCEPT AS MAY BE AGREED TO BETWEEN BUYER AND SELLER); (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED. Products manufactured by a Supported Environment for third party (“Third Party Product”) may be incorporated in, attached to or packaged together with, the first thirty Goods. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT (30) days of EXCEPT AS MAY BE SPECIFIED BY SELLER), ALL OF WHICH ARE HEREBY DISCLAIMED. With respect to any such Goods during the License TermWarranty Period, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet Seller shall, at its option and its sole discretionoption, correct the defects in the Software either: (i) repair or replace such Goods (or the defective licensed softwarepart) or (ii) credit or refund the Price of such Goods. If Seller so requests, andBuyer shall, if Mindjet is unable at Buyer's expense (including but not limited to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use removal of the licensed software Goods and terminate your license in-coming and out-going freight), return such Goods to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodSeller. This is your sole and exclusive remedy THE REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET 9. FORTH IN THIS SECTION 8. Any action for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR must be commenced within one (not for resale1) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty month following expiration of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUWarranty Period.

Limited Warranty. 1.1 The Licensor hereby represents, warrants and undertakes to You that: a. Mindjet warrants that the media Licensor has full right and title to grant this License and neither the entering of this License nor the performance by the Licensor of its obligations will cause it to be in breach of any License to which it is a party or is subject; b. the use by You of Procurement Exchange shall not infringe any copyright, trademark, registered design, or similar or other intellectual property rights of any third party, nor give rise to payment by You of any royalty to any third party or to any liability to pay compensation to a third party. 1.2 You acknowledge that: a. the acknowledgments in the declaration at the beginning of this License are correct; b. no promise, representation or warranty or undertaking has been made or given by the Licensor, or any person or company on which its behalf, in relation to the Software is distributedprofitability of, if applicable, will or any other consequences or benefits to be free obtained from defectsthe delivery or use of Procurement Exchange or any accompanying manuals, and that written materials, other than those advised by the Software shall conform substantially Licensor at xxx.xxxxxxxxxxxx.xxx, and acknowledged by the Licensor before using Procurement Exchange; c. You are not entitled to rely on any representations unless they are acknowledged by return e-mail by the Licensor; d. no other representations have been made or relied on by You; and e. the entire risk as to the description quality, performance and suitability of Procurement Exchange is borne by You, and it is Your responsibility to thoroughly test and evaluate Procurement Exchange framework at all stages before paying the Fees as detailed in its Documentation when used Xxxxxxxx # 0 – ‘Pay as you go’ Pricing, Purchase Blocks of Tasks. 1.3 Subject to clause 1.2 above, You acknowledge that you intend to use the Trial portal to assess the suitability of Procurement Exchange; 1.4 The Licensor cannot and does not warrant that Procurement Exchange framework is totally error free or that Procurement Exchange programs may not, in a Supported Environment for the first thirty (30) days of the License Termsome circumstances, unless otherwise required by applicable lawfail to function. If Procurement Exchange contains errors or Procurement Exchange programs fail to function, the media is defective, your sole Licensor will endeavor to remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in subsequent upgrades. 1.5 To the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum full extent permitted by the laws applicable lawto this License, any conditions or warranties imposed by such laws are hereby excluded. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYInsofar as liability under or pursuant to any legislation may not be excluded, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWsuch liability is limited to replacement of Procurement Exchange or correction of the defects in Procurement Exchange material. 1.6 Except to the extent provided above, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESunder no circumstances shall the Licensor or any agent, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.related company or

Limited Warranty. a. Mindjet IMS warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software Products sold to Maxtor shall conform substantially to the description in its Documentation when used in corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a Supported Environment for period of twelve (12) months from the first thirty (30) days date of the License Term, unless otherwise required receipt by applicable lawMaxtor. If the media is defective, your sole remedy in the event of a breach The materials portion of this warranty will shall not apply to the extent of defects in the Product directly attributable to the failure of any Materials consigned or supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the Products must be that Mindjet will replace any defective media returned to Mindjet within received by IMS no later than fifteen (15) days after the expiration of the warranty period. If the Software The warranty does not substantially conform extend to any Products (i) which have been subjected to misuse, neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodProduct. This is your IMS' sole and exclusive remedy for a breach obligation with respect to defective Products returned under warranty shall be, at IMS' option, repair or replacement thereof or refund of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDpurchase price. THE ABOVE EXPRESS WARRANTY IS AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. IMS MAKES, AND IN LIEU OF HAS MADE, NO OTHER WARRANTIES TO MAXTOR, AND IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXXMANNER OR FORM WHATSOEVER, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSTHIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 17 ("INDEMNIFICATION")). MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSMaxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEwhere Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsituations where the Product unit has been abused or damaged by persons other than IMS).

Limited Warranty. a. Mindjet Points North warrants that the media Software as a Service will substantially conform in all material respects to the accompanying user manual, provided that they are used on the computer equipment and the operating system for which the Software is distributedthey were designed. The Products, if applicablehowever, will be free from are of such complexity that it may have inherent defects, and Customer agree that the sole remedy for such defects shall be limited to, within reasonable time, Points North providing all reasonable Software services to correct documented logic errors. This warranty shall be null and void in the event that the Software shall conform substantially to the description in its Documentation when used in as a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media Service is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does accessed on computer equipment or operating systems not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance consistent with the instructions in its Documentation; (b) no modificationequipment and environment for which they were designed, alterationare modified, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” merged with all faults and without warranty of any kind to the maximum extent permitted by applicable lawincompatible software products. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS OTHERWISE SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE AS A SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION PURCHASE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEAS A SERVICE IS FINITE, OR THAT DEFECTS IN AND POINTS NORTH IS NOT RESPONSIBLE FOR REPLACING THE SOFTWARE WILL BE CORRECTEDDUE TO LOSS OR DAMAGE OF ANY KIND AFTER INITIAL DEPLOYMENT. POINTS NORTH NEITHER GUARANTEES NOR WARRANTS THE SOFTWARE MAY BE SUBJECT DATA SUPPLIED BY CUSTOMER. POINTS NORTH DOES NOT PROVIDE COMPLIANCE AUDITING OF CUSTOMER-SUPPLIED DATA. LIMITATION OF LIABILITY IN NO EVENT SHALL POINTS NORTH LIABILITY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN CUSTOMER FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY CUSTOMER FOR USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND PRODUCT. IN NO EVENT WILL NOT POINTS NORTH BE RESPONSIBLE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, LOST PROFITS OR OTHER DAMAGE RESULTING FROM ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF POINTS NORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PROBLEMSDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERGoverning Law This Agreement shall be governed by, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUconstrued, interpreted and enforced in accordance with the laws of the State of Minnesota applicable to agreements made and performed there, without regard to its conflicts of laws principles.

Limited Warranty. a. Mindjet warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the you discover physical defects in the Software or media, Alazar Technologies, Inc. will replace the defective licensed softwaremedia or documentation at no charge to you, andprovided you return the item to be replaced with proof of payment to Alazar Technologies, if Mindjet is unable to make Inc. during the deficient licensed software substantially conform to the description in its Documentation 90-day period after such commercially reasonable efforts, to discontinue your use having taken delivery of the licensed software. Alazar Technologies, Inc. excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and terminate your license documentation to Alazar Technologies, Inc. for replacement. Although Alazar Technologies, Inc. has tested the Software provided that: (a) software and reviewed the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationdocumentation, alterationALAZAR TECHNOLOGIES, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodINC. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityMAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The foregoing excludes Software made available by Mindjet at no chargeAS A RESULT, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” and “as available” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with all faults and without warranty this software, including the costs of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDrecovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE WARRANTY IS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIESOTHERS, WHETHER EXPRESS ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Alazar Technologies, STATUTORYInc. dealer, OR IN ANY OTHER PROVISION OF THIS XXXXagent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYInc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, FITNESS FOR A PARTICULAR PURPOSEelectronic or mechanical, TITLEincluding photocopying and recording, QUIET ENJOYMENTfor any purpose without the written permission of Alazar Technologies, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSInc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSThis warranty gives you specific legal rights, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEand you may also have other rights, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTEDwhich vary from jurisdiction to jurisdiction. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.Contents

Limited Warranty. a. Mindjet Mottech Water Solutions Ltd warrants for a period of ninety (90) days from Mottech Water Solutions Ltd’s or its customer’s shipment of the Software to you that the media on which (i) the Software is distributed, if applicable, recorded will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your materials and workmanship under normal use of the licensed software and terminate your license to the Software provided that: (aii) the Software has been properly installed and used at all times and Software, under normal use, will perform substantially in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice Mottech Water Solutions Ltd’s published specifications for that release level of the non-conformity within the Software. The written materials are provided "AS IS" and without warranty periodof any kind. This is Mottech Water Solutions Ltd's entire liability and your sole and exclusive remedy for a any breach of this the foregoing limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet will be, at no chargeMottech Water Solutions Ltd's option, including without limitation any trial provision of downloadable patch or NFR (not replacement code, or refund of the unused portion of your bargained for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind contractual benefit up to the maximum extent permitted by applicable lawamount paid for this Software License. EXCEPT FOR THIS LIMITED WARRANTY IS THE PRECEDING EXPRESS LIMITED WARRANTYONLY WARRANTY PROVIDED BY MOTTECH WATER SOLUTIONS LTD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND MOTTECH WATER SOLUTIONS LTD AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR OF IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTSNONINFRINGEMENT. MINDJET MOTTECH WATER SOLUTIONS LTD DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTTECH WATER SOLUTIONS LTD OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MOTTECH WATER SOLUTIONS LTD DOES NOT WARRANT ANY SOFTWARE MAY BE SUBJECT TO LIMITATIONSTHAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DELAYSDAMAGED, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSMISUSED, DELIVERY FAILURESNEGLECTED, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSIMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL MOTTECH WATER SOLUTIONS LTD OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Mottech Water Solutions Ltd or a Mottech Water Solutions Ltd representative has been advised of the possibility of such damage. Mottech Water Solutions Ltd's liability to you for direct damages for any cause whatsoever, regardless of the basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. Transfer. In the case of software designed to operate on Mottech Water Solutions Ltd equipment, you may not transfer the Software to another party except: (1) if you are an end-user, when you are transferring the Software together with the Mottech Water Solutions Ltd equipment on which it operates; or 2) if you are a Mottech Water Solutions Ltd licensed distributor, when you are transferring the Software either together with such Mottech Water Solutions Ltd equipment or are transferring the Software as a licensed duly paid for upgrade, update, patch, new release, enhancement or replacement of a prior version of the Software. If you are a Mottech Water Solutions Ltd licensed distributor, when you are transferring the Software as permitted herein, you agree to transfer the Software with a license agreement having terms and conditions no less restrictive than those contained herein. You may transfer all other Software, not otherwise having an agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject to the conditions precedent that the other party agrees to accept the terms and conditions of this License, and you destroy any copy of the Software you do not transfer to that party. You may not sublicense or otherwise transfer, rent or lease the Software without our written consent. You may not transfer the Software in violation of any laws, regulations, export controls or economic sanctions imposed by the U.S. Government. Or any other applicable laws. U.S. Government Users. If you are a U.S. Government user, then the Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.

Limited Warranty. a. Mindjet Seller warrants that the media on which the Software is distributedResidences Project, if applicableincluding all Units and Common Elements therein, will be constructed in a good and workmanlike manner and will be free from defectsdefects in workmanship and materials of a material nature for a period of one (1) year after the issuance by the City of Aspen Building Department of a Certificate of Occupancy for the Residences Project (the “Limited Warranty”). In the event Buyer notifies Seller in writing of any such defects within said one (1) year period, Seller agrees that it will cause such defects to be remedied promptly by repair or replacement at Seller’s expense, and that Xxxxx’s sole remedy against Seller in connection with any such defect (in lieu of all remedies implied by law or otherwise) shall be to require Seller to correct the Software shall conform substantially defect. This Limited Warranty is personal to the description in its Documentation when used in Buyer, and may not be assigned by Buyer upon a Supported Environment for the first thirty (30) days sale of the License TermProperty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, unless otherwise required by applicable lawBUYER UNDERSTANDS AND ACKNOWLEDGES THAT SAID LIMITED WARRANTY IS THE SOLE WARRANTY, EITHER EXPRESS OR IMPLIED, BEING MADE BY SELLER (INCLUDING SELLER’S CONTRACTORS, SUBCONTRACTORS AND AGENTS) IN CONNECTION WITH THE CONSTRUCTION OF THE RESIDENCES PROJECT, AND BUYER HEREBY WAIVES AND RELEASES ANY OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF HABITABILITY, WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, QUALITY OR THE LIKE, AS TO THE REAL PROPERTY UNDERLYING THE PROJECT, THE SUBJECT UNIT, THE COMMON ELEMENTS, AND THE OTHER IMPROVEMENTS AND PERSONALTY COMPRISING THE RESIDENCES PROJECT. If the media is defectiveWITH THE EXCEPTION OF THE LIMITED WARRANTY PROVIDED ABOVE, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty periodBUYER IS PURCHASING THE PROPERTY IN AN “AS IS” PHYSICAL CONDITION AND STATE OF REPAIR, AND ANY AND ALL WARRANTIES CREATED BY STATE OR FEDERAL LAW ARE HEREBY SPECIFICALLY DISCLAIMED BY SELLER AND WAIVED AND RELEASED BY BUYER, INCLUDING ANY WARRANTIES OF HABITABILITY. If the Software does not substantially conform to the description in its DocumentationWITH REGARD TO THE APPLIANCES AND ANY OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY LOCATED WITHIN OR UPON THE SUBJECT UNIT OR THE COMMON ELEMENTS, your sole remedy will be that Mindjet shallSELLER DISCLAIMS ALL WARRANTIES INCLUDING, at its option and its sole discretionBUT NOT LIMITED TO, correct the defects in the Software or replace the defective licensed softwareTHOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT NEITHER SELLER OR ITS CONTRACTORS, andSUBCONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY CLAIMS RELATING TO THE RESIDENCES PROJECT OR THE COMMON ELEMENTS ARISING MORE THAN ONE (1) YEAR AFTER THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE RESIDENCES PROJECT INVOLVING DEFECTS IN WORKMANSHIP OR MATERIALS UNLESS OTHERWISE PROVIDED IN THE LIMITED WARRANTY. IN ADDITION, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable effortsBUYER WAIVES ALL RIGHTS TO BRING ANY CLAIMS FOR A DEFECT IN DESIGN OR CONSTRUCTION IF SUCH DEFECT DOES NOT RESULT IN ANY ACTUAL DAMAGE TO THE SUBJECT UNIT, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modificationTHE COMMON ELEMENTS, alterationTHE COMMON FURNISHINGS, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityOR THE FRACTIONAL OWNERSHIP UNIT FURNISHINGS. The foregoing excludes Software made available by Mindjet at no chargedisclaimer and waiver shall also apply to all items of tangible personal property installed in or servicing the Units and Common Elements, including without limitation any trial range, oven, range hood and fan, microwave, garbage disposal, dishwasher, refrigerator, washer, dryer, water heater, components of the heating system and any fire, alarm or NFR (not for resale) license other life-safety system, or subscription any other appliance, fixture, piece of equipment or item which is a “reader” or “guest” accountconsumer product”, as defined in the Xxxxxxxx-Xxxx Warranty Act, 15 U.S.C. 2301, et. seq., which consumer products are provided “as is” not covered by the above-described Limited Warranty and “as available” shall not otherwise be warranted by Seller. Provided, however, that Seller shall assign to Buyer and to the Association any manufacturer’s or supplier’s warranties with all faults respect to such consumer products to the extent such warranties are assignable, and without warranty Seller shall not be responsible for the performance of any kind to the maximum extent permitted by applicable lawsuch assigned warranties. EXCEPT SELLER SPECIFICALLY DISCLAIMS AND BUYER SPECIFICALLY RELEASES SELLER FROM ANY LIABILITY FOR CONSEQUENTIAL DAMAGES (OTHER THAN THE PRECEDING EXPRESS REASONABLE COST OF REPAIR OR REPLACEMENT DURING THE PERIOD OF THE LIMITED WARRANTY) TO ANY PERSON OR THE SUBJECT UNIT OR THE COMMON ELEMENTS OR ANY OTHER REAL OR PERSONAL PROPERTY RESULTING FROM AN ALLEGED CONSTRUCTION DEFECT. ADDITIONALLY, SELLER SPECIFICALLY DISCLAIMS AND BUYER SPECIFICALLY RELEASES SELLER FROM ANY LIABILITY FOR PUNITIVE DAMAGES ARISING IN CONNECTION WITH OR RELATED IN ANY MANNER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KINDALLEGED CONSTRUCTION DEFECT. THE ABOVE WARRANTY IS EXCLUSIVE FOREGOING DISCLAIMERS, WAIVERS AND IN LIEU OF RELEASES, AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION PROVISIONS OF THIS XXXXADDENDUM PARAGRAPH 5, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION SHALL SURVIVE THE IMPLIED WARRANTIES CLOSING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUTHIS CONTRACT.

Limited Warranty. a. Mindjet GautFonts warrants to you that the media on which the Software is distributed, if applicable, Commercial Fonts will be free from defects, and that the Software shall conform perform substantially to the description in accordance with its Documentation when used in a Supported Environment documentation for the first thirty (30) days day period following delivery of the License TermCommercial Fonts. To make a warranty claim, unless otherwise required by applicable lawyou must, within the thirty (30) day warranty period, contact GautFonts and provide sufficient information regarding your acquisition of the Commercial Fonts so as to enable GautFonts to verify the existence and date of the transaction. If the media is defectiveThe entire, your sole exclusive and cumulative liability and remedy in the event of a breach of this warranty will shall be that Mindjet GautFonts will replace any defective media returned use commercially reasonable efforts to Mindjet within cause the warranty period. If the Software does not substantially Commercial Fonts to conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such documentation as soon as commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodpracticable. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityGAUTFONTS DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONTS SOFTWARE. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawTHE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GAUTFONTS’ BREACH OF WARRANTY. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GAUTFONTS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYAS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL GAUTFONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY OTHER PROVISION OF THIS XXXXCONSEQUENTIAL, INCIDENTAL OR COMMUNICATION WITH YOU SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYANY LOST PROFITS, FITNESS FOR A PARTICULAR PURPOSELOST DATA, TITLELOST BUSINESS OPPORTUNITIES, QUIET ENJOYMENTOR LOST SAVINGS, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION EVEN IF FOUNDRY HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF GAUTFONTS HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYSPOSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusions of limitations of incidental, DELIVERY FAILURESconsequential or special damages, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMSso the above exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMERAlso, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUsome jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. You may have other rights that vary from province to province or jurisdiction to jurisdiction. The Commercial Fonts is non-returnable and nonrefundable.

Limited Warranty. a. Mindjet Altova warrants to the person or entity that first purchases a license for use of the media AED or ABE software pursuant to the terms of this AEULA that (i) the software will perform substantially in accordance with any accompanying documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by Altova shall be substantially as described in Section 3(b) of this agreement. Some states and jurisdictions do not allow limitations on which duration of an implied warranty, so the Software is distributedabove limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the AED or ABE software, if applicableany, are limited to ninety (90) days. Altova’s and its suppliers’ entire liability and your exclusive remedy shall be, at Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the AED or ABE software that does not meet Altova’s Limited Warranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the AED or ABE software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement software will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment warranted for the first remainder of the original warranty period or thirty (30) days of the License Termdays, unless otherwise required by applicable lawwhichever is longer. If the media is defective, your sole remedy in the event of a breach of this This limited warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform apply to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodEvaluation Software. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liabilityTHE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE PRECEDING EXPRESS FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ALTOVA AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET ALTOVA AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLESATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF INTELLECTUAL PROPERTY OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTSYOU MAY HAVE OTHERS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT WHICH VARY FROM STATE/JURISDICTION TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUSTATE/JURISDICTION.

Limited Warranty. a. Mindjet If You follow the Documentation and comply with the terms and conditions of this Agreement, Palisade warrants that the media on which the Software is distributed, if applicable, will be free from defects, and that perform substantially as described in the Documentation during the warranty period (“Limited Warranty”). This Limited Warranty covers the Software shall conform substantially for 90 days after the initial Activation ID is provided by Palisade “Warranty Period”. This Limited Warranty does not cover problems caused by Your acts (or failure to act), the description in its Documentation when used in a Supported Environment for the first thirty (30) days acts of the License Termothers, unless otherwise required by applicable lawor events beyond Palisade's reasonable control. If the media is defective, your sole remedy in In the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentationmeet this Limited Warranty, your sole remedy Palisade will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software repair or replace the defective licensed softwareSoftware at no charge. If Palisade cannot repair or replace the Software, and, if Mindjet is unable to make Palisade will refund the deficient licensed software substantially conform to amount shown on Your paid invoice for the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to Software. You must deactivate the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty periodobtain a refund. This is your sole and exclusive remedy These are Your only remedies for a breach of this limited warranty and Mindjet’s sole and entire liabilityLimited Warranty. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable lawPALISADE PROVIDES SUPPORT SERVICES WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR AS EXPRESSLY SET FORTH IN THE PRECEDING EXPRESS LIMITED WARRANTYSECTION, PALISADE AND ITS SUPPLIERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET DISCLAIM ALL WARRANTIES AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES REPRESENTATIONS OF ANY KIND. KIND WITH REGARD TO THE ABOVE WARRANTY IS EXCLUSIVE AND SOFTWARE, SUPPORT SERVICES, OR ANY OTHER PROFESSIONAL SERVICES SUPPLIED IN LIEU OF ALL OTHER WARRANTIESACCORDANCE WITH THIS AGREEMENT WHETHER EXPRESS, WHETHER EXPRESS OR IMPLIED, STATUTORYOR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR IN ANY OTHER PROVISION OF THIS XXXXOTHERWISE, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, TITLEACCURACY, QUIET ENJOYMENTEFFECTIVENESS, AND NONINFRINGEMENT CURRENCY OR COMPLETENESS OF INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES. MINDJET PALISADE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SOFTWARE OR SUPPORT SERVICES WILL BE ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, SECURE, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS. PALISADE'S EXPRESS WARRANTIES SHALL NOT BE ENLARGED, THAT DIMINISHED, OR AFFECTED BY AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF PALISADE'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE OPERATION SOFTWARE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN COMBINATION WITH ANY SYSTEM NOT AUTHORIZED IN THE DOCUMENTATION OR WITH HARDWARE OR SOFTWARE WILL BE CORRECTEDSPECIFICALLY FORBIDDEN BY THE DOCUMENTATION. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE YOU ARE SOLELY RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULICENSED DEVICE.

Limited Warranty. a. Mindjet Points North warrants that the media Software as a Service will substantially conform in all material respects to the accompanying user manual, provided that they are used on the computer equipment and the operating system for which the Software is distributedthey were designed. The Products, if applicablehowever, will be free from are of such complexity that it may have inherent defects, and Customer agree that the sole remedy for such defects shall be limited to, within reasonable time, Points North providing all reasonable Software services to correct documented logic errors. This warranty shall be null and void in the event that the Software shall conform substantially to the description in its Documentation when used in as a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media Service is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does accessed on computer equipment or operating systems not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance consistent with the instructions in its Documentation; (b) no modificationequipment and environment for which they were designed, alterationare modified, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (c) Mindjet receives written notice of the non-conformity within the warranty period. This is your sole and exclusive remedy for a breach of this limited warranty and Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” merged with all faults and without warranty of any kind to the maximum extent permitted by applicable lawincompatible software products. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTYAS OTHERWISE SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MINDJET AND ITS LICENSORS PROVIDE THE SOFTWARE AS A SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES WARRANTY OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION OF THIS XXXXBUT NOT LIMITED TO, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION PURCHASE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEAS A SERVICE IS FINITE, OR THAT DEFECTS IN AND POINTS NORTH IS NOT RESPONSIBLE FOR REPLACING THE SOFTWARE WILL BE CORRECTEDDUE TO LOSS OR DAMAGE OF ANY KIND AFTER INITIAL DEPLOYMENT. POINTS NORTH NEITHER GUARANTEES NOR WARRANTS THE SOFTWARE MAY BE SUBJECT DATA SUPPLIED BY CUSTOMER. POINTS NORTH DOES NOT PROVIDE COMPLIANCE AUDITING OF CUSTOMER-SUPPLIED DATA. LIMITATION OF LIABILITY IN NO EVENT SHALL POINTS NORTH LIABILITY TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN CUSTOMER FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY CUSTOMER FOR USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND PRODUCT. IN NO EVENT WILL NOT POINTS NORTH BE RESPONSIBLE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, LOST PROFITS OR OTHER DAMAGE RESULTING FROM ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF POINTS NORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOUDAMAGES.

Limited Warranty. a. Mindjet warrants that SYMON warrants, upon return of the media on which the Software is distributed, if applicable, will be free from defects, and that the Software shall conform substantially warranted item to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Termplace You obtained it, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and terminate your license to the Software provided that: (a) if at any time within the Software has been properly installed year following delivery of the Product to You, the Media is in a damaged or physically defective condition, SYMON will provide replacements to You at no charge; and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made if the software fails to substantially conform to the Software product by persons other than Mindjet specifications in Your Documentation, and if You report the nonconformity in writing to SYMON (or its authorized representative; and (cto Your SYMON reseller) Mindjet receives written notice within the year following delivery of the non-conformity within Product to You, then SYMON will either remedy the warranty periodnonconformity or, in SYMON’s sole discretion, refund your License fees to you, in which case, this License and Your right to use the Product will automatically terminate. This is your sole sets forth Your SOLE AND EXCLUSIVE REMEDIES and exclusive remedy the SOLE BASIS OF WARRANTY LIABILITY for a breach of this limited warranty SYMON, its resellers and Mindjet’s sole and entire liabilitylicensors. The foregoing excludes Software made available by Mindjet at no chargeBECAUSE OF THE RIGHTS SYMON EXPRESSLY GRANTS YOU IN THIS CONTRACT, including without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, which are provided “as is” and “as available” with all faults and without warranty of any kind to the maximum extent permitted by applicable law. EXCEPT FOR THE PRECEDING EXPRESS LIMITED YOU AGREE THAT SYMON MAKES NO OTHER WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWCONDITION, MINDJET REPRESENTATION OR PROMISE. SYMON HEREBY DISCLAIMS AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF NEGATES ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MINDJET SYMON DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET SATISFY YOUR REQUIREMENTS, THAT THE IT IS WITHOUT DEFECT OR ERROR, THAT ITS OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEUNINTERRUPTED, OR THAT DEFECTS IT WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE AND HARDWARE USED BY YOU. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. IN NO EVENT WILL SYMON BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONSOR DOCUMENTATION, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE EVEN IF SYMON HAS BEEN ADVISED OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY POSSILITY OF SUCH DAMAGES. IN ANY EVENT, SYMON’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF THIS CONTRACT, DIRECTLY OR INDIRECTLY, IS NOT AND WILL NOT BE RESPONSIBLE LIMITED TO THE PRICE PAID FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULICENSE(S).