Common use of Software Product Warranty Clause in Contracts

Software Product Warranty. The Software will substantially conform to its technical specification set forth in the product description portion of the Quotation (“Software Product Warranty”). Technical issues arising from the Subscription Host or Customer’s network, or Customer client devices, are excluded from this warranty and shall not give rise to a warranty claim with respect to the Software. In the event of material breach of the Software Product Warranty, Philips shall, at its election, repair the non- conformance or replace the Software to fix the non-conformance. Violation of this condition shall be an event of default (“Philips Default”) and customer shall have a right to terminate the Agreement. Thereafter, no further payments shall be required; however, further use would be prohibited. Legacy data entered in the Software shall be made available thereafter pursuant to Section 5.4 of this Agreement. This section states Customer’s sole and exclusive remedy for Philips Default.

Software Product Warranty. The Software will substantially conform to its technical specification set forth in the product description portion of the Quotation quotation (“Software Product Warranty”). Technical issues arising from the Subscription Host or Customercustomer’s network, network or Customer customer client devices, devices are excluded from this warranty and shall not give rise to a warranty claim with respect to the Software. In the event of material breach of the Software Product Warranty, Philips shall, at its election, repair the non- conformance or replace the Software to fix the non-conformance. Violation of this condition shall be an event of default (“Philips Default”) and customer shall have a right to terminate the Agreement. Thereafter, no further payments shall be required; however, further use would be prohibited. Legacy data entered in the Software shall be made available thereafter pursuant to Section 5.4 4.4 of this Agreement. This section states Customer’s sole and exclusive remedy for Philips Default.