Common use of Other Warranties Clause in Contracts

Other Warranties. (1) The Customer hereby acknowledges and agrees that the warranty stipulated in the preceding Article is the sole and exclusive warranty in connection to the use of the Service, and that any other risk shall be solely borne by the Customer. (2) CYBOZU AND SERVICE SUBCONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUSINESS LOSS, DAMAGE CAUSED BY SUSPENSION OF BUSINESS, DAMAGE CAUSED BY COMPUTER FAULT OR ANY OTHER COMMERCIAL DAMAGE AND LOSS, IN CONNECTION WITH THE USE OF THE SERVICE, USE OF OTHER SERVICES THROUGH THE SERVICE, DISUSE OF THE SERVICE AND/OR DISUSE OF OTHER SERVICES THROUGH THE SERVICE. MOREOVER, CYBOZU SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM. ANY INFORMATION OR ADVICE OF CYBOZU, WHICH IS EITHER IN ORAL FORM OR IN WRITING, SHALL NOT BE DEEMED AS PROVISION OF ANY ADDITIONAL WARRANTY AND SHALL NOT EXTEND THE SCOPE OF TERMS AND CONDITIONS OF THE AGREEMENT IN ANY SENSE WHATSOEVER. IN ADDITION, CYBOZU DOES NOT WARRANT THAT THE SERVICE SATISFIES REQUIREMENTS OF THE CUSTOMER. (3) IF THE CUSTOMER CAUSES DAMAGE TO ANY OTHER USER OR THIRD PARTY THROUGH THE USE OF THE SERVICE OR THE USE OF OTHER SERVICES THROUGH THE SERVICE, THE CUSTOMER SHALL RESOLVE THE DISPUTE WITH THE USER OR THIRD PARTY AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CYBOZU SHALL NOT HAVE ANY LIABILITY WHATSOEVER. (4) NEITHER CYBOZU NOR SERVICE SUBCONTRACTOR SHALL PROVIDE ANY WARRANTY ON INTEGRITY, ACCURACY, CERTAINTY OR USABILITY OF THE CONTENT OF THE SERVICE AND INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICE. (5) If Cybozu determines that it is unable to perform its obligations as a result of force majeure event such as network failure including the Internet and natural disaster, Cybozu shall be entitled to terminate or suspend provision of the Service. In such case, Cybozu shall be released from any and all obligations arisen as a result of such non-performance. (6) In the event the provision of the Service becomes impossible under Article 12 (Temporary Suspension of Service) and Article 13 (Change and Partial Termination of Service), any and all Service fees, etc. already paid by the Customer shall not be reimbursed. (7) The liability of Cybozu and supplier of the Software under the Agreement shall not exceed the amount actually paid by the Customer during the Term of Service.

Other Warranties. All other Products not covered above are warranted against material manufacturing defects for a period of one (1) year from the date of Product purchase. WHAT THIS WARRANTY DOES NOT COVER – The Company will not be liable for any labor, transportation or consequential expenses not specifically stated above. LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR THE COMPANY'S ACTS OR OMISSIONS OR OTHERWISE. THE COMPANY AND BUYER AGREE THAT THE EXPRESS WARRANTIES DESCRIBED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. ALL OTHER EXPRESS WARRANTIES ARE DISCLAIMED. FOR COMMERCIAL PRODUCTS, ALL WARRANTIES IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. FOR CONSUMER PRODUCTS, WARRANTIES IMPLIED BY LAW, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE PERIOD OF THE EXPRESS LIMITED WARRANTY STATED ABOVE FOR THE RELEVANT PRODUCT. Some States HOW TO GET SERVICE – For complete warranty details, or to provide notice of a warranty claim or request warranty service, contact your Geberit Sales Representative or Geberit, Customer hereby acknowledges and agrees that Service, 0000 X. Xxxxxxxxxx Xxxxx, Xxx Xxxxxxx, Xxxxxxxx 00000 or 000- 000-0000. As the warranty stipulated in the preceding Article is the Company's sole and exclusive obligation under this warranty in connection to (and Buyer's sole and exclusive remedy), upon prompt written notice of breach from Buyer during the use of warranty period, the ServiceCompany will either replace or repair the defective Product or refund the wholesale purchase price, and that any other risk shall be solely borne at its option, if an inspection by the CustomerCompany discloses defects in material or workmanship covered by this warranty. These warranty provisions do not cover the battery shipped with the electronic products. (2) CYBOZU AND SERVICE SUBCONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUSINESS LOSS, DAMAGE CAUSED BY SUSPENSION OF BUSINESS, DAMAGE CAUSED BY COMPUTER FAULT OR ANY OTHER COMMERCIAL DAMAGE AND LOSS, IN CONNECTION WITH THE USE OF THE SERVICE, USE OF OTHER SERVICES THROUGH THE SERVICE, DISUSE OF THE SERVICE AND/OR DISUSE OF OTHER SERVICES THROUGH THE SERVICE. MOREOVER, CYBOZU SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM. ANY INFORMATION OR ADVICE OF CYBOZU, WHICH IS EITHER IN ORAL FORM OR IN WRITING, SHALL NOT BE DEEMED AS PROVISION OF ANY ADDITIONAL WARRANTY AND SHALL NOT EXTEND THE SCOPE OF TERMS AND CONDITIONS OF THE AGREEMENT IN ANY SENSE WHATSOEVER. IN ADDITION, CYBOZU DOES NOT WARRANT THAT THE SERVICE SATISFIES REQUIREMENTS OF THE CUSTOMER. (3) IF THE CUSTOMER CAUSES DAMAGE TO ANY OTHER USER OR THIRD PARTY THROUGH THE USE OF THE SERVICE OR THE USE OF OTHER SERVICES THROUGH THE SERVICE, THE CUSTOMER SHALL RESOLVE THE DISPUTE WITH THE USER OR THIRD PARTY AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CYBOZU SHALL NOT HAVE ANY LIABILITY WHATSOEVER. (4) NEITHER CYBOZU NOR SERVICE SUBCONTRACTOR SHALL PROVIDE ANY WARRANTY ON INTEGRITY, ACCURACY, CERTAINTY OR USABILITY OF THE CONTENT OF THE SERVICE AND INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICE. (5) If Cybozu determines that it is unable to perform its obligations as a result of force majeure event such as network failure including the Internet and natural disaster, Cybozu shall be entitled to terminate or suspend provision of the Service. In such case, Cybozu shall be released from any and all obligations arisen as a result of such non-performance. (6) In the event the provision of the Service becomes impossible under Article 12 (Temporary Suspension of Service) and Article 13 (Change and Partial Termination of Service), any and all Service fees, etc. already paid by the Customer shall not be reimbursed. (7) The liability of Cybozu and supplier of the Software under the Agreement shall not exceed the amount actually paid by the Customer during the Term of Service.

Other Warranties. (1) The Customer hereby acknowledges and agrees that the warranty stipulated in the preceding Article is the sole and exclusive warranty in connection to the use of the Service, and that any other risk shall be solely borne by the Customer. (2) CYBOZU AND SERVICE SUBCONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUSINESS LOSS, DAMAGE CAUSED BY SUSPENSION OF BUSINESS, DAMAGE CAUSED BY COMPUTER FAULT OR ANY OTHER COMMERCIAL DAMAGE AND LOSS, IN CONNECTION WITH THE USE OF THE SERVICE, USE OF OTHER SERVICES THROUGH THE SERVICE, DISUSE OF THE SERVICE AND/OR DISUSE OF OTHER SERVICES THROUGH THE SERVICE. MOREOVER, CYBOZU XXXXXX SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM. ANY INFORMATION OR ADVICE OF CYBOZU, WHICH IS EITHER IN ORAL FORM OR IN WRITING, SHALL NOT BE DEEMED AS PROVISION OF ANY ADDITIONAL WARRANTY AND SHALL NOT EXTEND THE SCOPE OF TERMS AND CONDITIONS OF THE AGREEMENT IN ANY SENSE WHATSOEVER. IN ADDITION, CYBOZU DOES NOT WARRANT THAT THE SERVICE SATISFIES REQUIREMENTS OF THE CUSTOMER. (3) IF THE CUSTOMER CAUSES DAMAGE TO ANY OTHER USER OR THIRD PARTY THROUGH THE USE OF THE SERVICE OR THE USE OF OTHER SERVICES THROUGH THE SERVICE, THE CUSTOMER SHALL RESOLVE THE DISPUTE WITH THE USER OR THIRD PARTY AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CYBOZU SHALL NOT HAVE ANY LIABILITY WHATSOEVER. (4) NEITHER CYBOZU NOR SERVICE SUBCONTRACTOR SHALL PROVIDE ANY WARRANTY ON INTEGRITY, ACCURACY, CERTAINTY OR USABILITY OF THE CONTENT OF THE SERVICE AND INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICE. (5) If Cybozu determines that it is unable to perform its obligations as a result of force majeure event such as network failure including the Internet and natural disaster, Cybozu shall be entitled to terminate or suspend provision of the Service. In such case, Cybozu shall be released from any and all obligations arisen as a result of such non-performance. (6) In the event the provision of the Service becomes impossible under Article 12 13 (Temporary Suspension of Service) and Article 13 14 (Change and Partial Termination of Service), any and all Service fees, etc. already paid by the Customer shall not be reimbursed. (7) The liability of Cybozu and supplier of the Software under the Agreement shall not exceed the amount actually paid by the Customer during the Term of Service.

Other Warranties. All other Products not covered above are warranted against material manufacturing defects for a period of one (1) year from the date of Product purchase. WHAT THIS WARRANTY DOES NOT COVER – The Company will not be liable for any labor, transportation or consequential expenses not specifically stated above. OMISSIONS OR OTHERWISE. THE COMPANY AND BUYER AGREE THAT THE EXPRESS WARRANTIES DESCRIBED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. ALL OTHER EXPRESS WARRANTIES ARE DISCLAIMED. FOR COMMERCIAL PRODUCTS, ALL WARRANTIES IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. FOR CONSUMER PRODUCTS, WARRANTIES IMPLIED BY LAW, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE PERIOD OF THE EXPRESS LIMITED WARRANTY STATED ABOVE FOR THE RELEVANT PRODUCT. Some States HOW TO GET SERVICE – For complete warranty details, or to provide notice of a warranty claim or request warranty service, contact your Geberit Sales Representative or Geberit, Customer hereby acknowledges and agrees that Service, 0000 X. Xxxxxxxxxx Xxxxx, Xxx Xxxxxxx, Xxxxxxxx 00000 or 000- 000-0000. As the warranty stipulated in the preceding Article is the Company's sole and exclusive obligation under this warranty in connection to (and Buyer's sole and exclusive remedy), upon prompt written notice of breach from Buyer during the use of warranty period, the ServiceCompany will either replace or repair the defective Product or refund the wholesale purchase price, and that any other risk shall be solely borne at its option, if an inspection by the CustomerCompany discloses defects in material or workmanship covered by this warranty. These warranty provisions do not cover the battery shipped with the electronic products. (2) CYBOZU AND SERVICE SUBCONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUSINESS LOSS, DAMAGE CAUSED BY SUSPENSION OF BUSINESS, DAMAGE CAUSED BY COMPUTER FAULT OR ANY OTHER COMMERCIAL DAMAGE AND LOSS, IN CONNECTION WITH THE USE OF THE SERVICE, USE OF OTHER SERVICES THROUGH THE SERVICE, DISUSE OF THE SERVICE AND/OR DISUSE OF OTHER SERVICES THROUGH THE SERVICE. MOREOVER, CYBOZU SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIM. ANY INFORMATION OR ADVICE OF CYBOZU, WHICH IS EITHER IN ORAL FORM OR IN WRITING, SHALL NOT BE DEEMED AS PROVISION OF ANY ADDITIONAL WARRANTY AND SHALL NOT EXTEND THE SCOPE OF TERMS AND CONDITIONS OF THE AGREEMENT IN ANY SENSE WHATSOEVER. IN ADDITION, CYBOZU DOES NOT WARRANT THAT THE SERVICE SATISFIES REQUIREMENTS OF THE CUSTOMER. (3) IF THE CUSTOMER CAUSES DAMAGE TO ANY OTHER USER OR THIRD PARTY THROUGH THE USE OF THE SERVICE OR THE USE OF OTHER SERVICES THROUGH THE SERVICE, THE CUSTOMER SHALL RESOLVE THE DISPUTE WITH THE USER OR THIRD PARTY AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CYBOZU SHALL NOT HAVE ANY LIABILITY WHATSOEVER. (4) NEITHER CYBOZU NOR SERVICE SUBCONTRACTOR SHALL PROVIDE ANY WARRANTY ON INTEGRITY, ACCURACY, CERTAINTY OR USABILITY OF THE CONTENT OF THE SERVICE AND INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICE. (5) If Cybozu determines that it is unable to perform its obligations as a result of force majeure event such as network failure including the Internet and natural disaster, Cybozu shall be entitled to terminate or suspend provision of the Service. In such case, Cybozu shall be released from any and all obligations arisen as a result of such non-performance. (6) In the event the provision of the Service becomes impossible under Article 12 (Temporary Suspension of Service) and Article 13 (Change and Partial Termination of Service), any and all Service fees, etc. already paid by the Customer shall not be reimbursed. (7) The liability of Cybozu and supplier of the Software under the Agreement shall not exceed the amount actually paid by the Customer during the Term of Service.

Other Warranties. (1) The Customer hereby acknowledges and agrees that the warranty stipulated in the preceding Article is the sole and exclusive warranty in connection to the use of the ServiceEXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION ABOVE, and that any other risk shall be solely borne by the Customer. (2) CYBOZU THE SOFTWARE IS PROVIDED TO THE END USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF THE QUALITY AND SERVICE SUBCONTRACTOR PERFORMANCE OF THE SOFTWARE IS WITH YOU. o NO LIABILITY FOR CONSEQUENTIAL DAMAGES. MANUFACTURER OR MANUFACTURER'S SUPPLIERS, INCLUDING MS AND ITS SUPPLIERS, SHALL NOT BE RESPONSIBLE HELD TO ANY LIABILITY FOR ANY DIRECTDAMAGES SUFFERED OR INCURRED BY THE END USER (INCLUDING, INDIRECTBUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUSINESS LOSS, DAMAGE CAUSED BY SUSPENSION OF BUSINESS, DAMAGE CAUSED BY COMPUTER FAULT OR ANY OTHER COMMERCIAL DAMAGE AND LOSS, IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE. If you acquired this EULA xx the United States, this EULA xx governed by the laws of the State of Washington. If you acquired this EULA xx Canada, this EULA xx governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this EULA xxx acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, xxease contact the Manufacturer of your SYSTEM. -------------------------------------------------------------------------------- U.S. GOVERNMENT RESTRICTED RIGHTS The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Xxxxxxx, XX 00000-0000. USE OF THE SERVICE, USE OF OTHER SERVICES THROUGH THE SERVICE, DISUSE OF THE SERVICE AND/OR DISUSE OF OTHER SERVICES THROUGH THE SERVICE. MOREOVER, CYBOZU SHALL NOT BE RESPONSIBLE DEDICATED PRODUCT DELIVERABLES FOR ANY THIRD PARTY CLAIM. ANY INFORMATION OR ADVICE OF CYBOZU, WHICH IS EITHER IN ORAL FORM OR IN WRITING, SHALL NOT BE DEEMED AS PROVISION OF ANY ADDITIONAL WARRANTY AND SHALL NOT EXTEND THE SCOPE OF TERMS AND CONDITIONS OF THE AGREEMENT IN ANY SENSE WHATSOEVER. IN ADDITION, CYBOZU DOES NOT WARRANT THAT THE SERVICE SATISFIES REQUIREMENTS OF THE CUSTOMER. (3) IF THE CUSTOMER CAUSES DAMAGE TO ANY OTHER USER OR THIRD PARTY THROUGH THE USE OF THE SERVICE OR THE USE OF OTHER SERVICES THROUGH THE SERVICE, THE CUSTOMER SHALL RESOLVE THE DISPUTE WITH THE USER OR THIRD PARTY AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CYBOZU SHALL NOT HAVE ANY LIABILITY WHATSOEVER. (4) NEITHER CYBOZU NOR SERVICE SUBCONTRACTOR SHALL PROVIDE ANY WARRANTY ON INTEGRITY, ACCURACY, CERTAINTY OR USABILITY OF THE CONTENT OF THE SERVICE AND INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICE. (5) If Cybozu determines that it is unable to perform its obligations as a result of force majeure event such as network failure including the Internet and natural disaster, Cybozu shall be entitled to terminate or suspend provision of the Service. In such case, Cybozu shall be released from any and all obligations arisen as a result of such non-performance. (6) In the event the provision of the Service becomes impossible under Article 12 (Temporary Suspension of Service) and Article 13 (Change and Partial Termination of Service), any and all Service fees, etc. already paid by the Customer shall not be reimbursed. (7) The liability of Cybozu and supplier of the Software under the Agreement shall not exceed the amount actually paid by the Customer during the Term of Service.WINDOWS CE SOFTWARE