Common use of SUPPLIER’S WARRANTIES Clause in Contracts

SUPPLIER’S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: 9.1.1 repair the Software; 9.1.2 replace the Software; or 9.1.3 terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.5. 9.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 6.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence Licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence Licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's sole option, do one of the following: 9.1.1 6.1.1 repair the Software; 9.1.2 6.1.2 replace the Software; or 9.1.3 6.1.3 terminate this licence Licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 6.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 6.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and use of the Software and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.5. 9.5 6.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excludedexcluded to the fullest extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 10.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("Warranty Period"Warranty). If, within the Warranty PeriodWarranty, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's ’s option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's ’s use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault., 9.2 10.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-freefree or that it will meet any Heightened Cybersecurity Requirements. 9.3 10.3 The Supplier provides access to the Software to the maximum extent permitted by law. The Supplier shall not be liable for any loss or damage of whatever kind caused in whole or in part by use of the Software or the content, or by any failure, delay, interruption or otherwise of the provision of the Software or the content, or by the Supplier failure to perform any of Supplier obligations under these Terms. 10.4 In no event shall the Supplier be liable to the Customer for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit. 10.5 The content provided on the Software is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. 10.6 Where the Software includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by the Supplier and, to the maximum extent permitted by law, the Supplier shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations. 10.7 The content is provided “as is”, without any conditions, warranties or other terms of any kind. 10.8 To the maximum extent permitted by law, the Supplier expressly exclude all representations, warranties, obligations and liabilities in connection with the Software, and the information provided therein. 10.9 Links to third party websites and companies may appear on the Software. The Supplier accepts no responsibility for the availability, suitability, reliability or content of such third-party websites and does not necessarily endorse the views expressed within them. 10.10 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the bespoke individual requirements of the Customer. 9.4 10.11 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "“as is" ” and expressly subject to the disclaimer in clause Clause 9.5. 9.5 10.12 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. 10.13 The Customer accepts that it is the Customer’s responsibility to confirm in writing that the Customer allows the Software to connect to other Software and that it shall be the Customer that pays any associated fees.

SUPPLIER’S WARRANTIES. 9.1 8.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 8.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-error- free. 9.3 8.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 8.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.58.5. 9.5 8.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 The Supplier WARNING: You are strongly advised to read the drafting note dealing with this clause before use. 7.1. HCI warrants that the Software will conform in all material respects to the Specification for a period of [90 days days] from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier HCI in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the SupplierHCI, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier HCI shall, at the SupplierHCI's option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier HCI in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier HCI to re-create the defect or fault. 9.2 The Supplier 7.2. HCI does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 7.3. The Customer acknowledges that any Open-Source Software provided by the Supplier HCI is provided "as is" and expressly subject to the disclaimer in clause 9.57.4. 9.5 7.4. All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 4.1 The Supplier warrants that the Software Licensed Content will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software Licensed Content in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software Licensed Content or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: 9.1.1 (a) repair the SoftwareLicensed Content; 9.1.2 (b) replace the SoftwareLicensed Content; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software Licensed Content to the date of termination) on return of the Software Licensed Content and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 4.2 The Supplier does not warrant that the use of the Software Licensed Content will be uninterrupted or error-freefree or that it will meet any Heightened Cybersecurity Requirements. 9.3 4.3 The Customer accepts responsibility for the selection of the Software Licensed Content to achieve its intended results and acknowledges that the Software Licensed Content has not been developed to meet the individual requirements of the Customer. 9.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.5. 9.5 4.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 8.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("“Warranty Period"”). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's ’s option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's ’s use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 8.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 8.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 8.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "“as is" ” and expressly subject to the disclaimer in clause 9.5Clause 8.5. 9.5 8.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification Documentation for a period of 90 120 days from the date of this licence Agreement ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the SpecificationDocumentation, and such defect or fault does not result from the Customer, Customer (or anyone acting with the authority of the Customer, ) having amended the Software or used it outside the terms of this licence Agreement for a purpose or in a context other than the purpose or context that for which it was designed designed, or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, shall (at the Supplier's option, sole discretion) do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence Agreement immediately by notice in writing to the Customer and refund any of the Fee Fees paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software up to the date of termination) on as soon as reasonably practicable following the return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 The warranty at clause 9.1 does not apply in the event that the Customer has not complied with its obligation to install any Maintenance Release under clause 4.3. 9.3 The Supplier does not warrant that the use of the Software will be uninterrupted or error-freeerror- free or that it will meet any Heightened Cybersecurity Requirements. 9.3 9.4 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 9.5 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.59.6. 9.5 9.6 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 The Supplier warrants that the Software and the Licences will conform in all material respects be suitable to enable the Specification Permitted Use for a period of 90 days from the date of this licence Agreement ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence Agreement immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-re- create the defect or fault. 9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.5. 9.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.5. 9.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.. b.

SUPPLIER’S WARRANTIES. 9.1 8.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from in APPENDIX 1 during the date of this licence Subscription Term ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence License for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's ’s option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence License immediately by notice in writing to the Customer and refund any of the Subscription Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's ’s use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 8.2 The Supplier does not warrant that the use of the Software will be free from Vulnerabilities, uninterrupted or error-freefree or that it will meet any Cybersecurity Law Requirements. 9.3 8.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 8.4 In order to use the Software, Customer may have to purchase license rights to and install Third- Party Software that is compatible with the Software, and Supplier disclaims all warranties, representations or assurances regarding suitability of such Third-Party Software. The Customer acknowledges that any OpenThird-Source Party Software provided by the Supplier is provided "“as is" ” and expressly subject to the disclaimer in clause 9.5Clause 8.5. 9.5 8.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contractLicense, whether by statute, common law statute or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 7.1 The Supplier warrants that the Software will conform in all material respects to the Specification for the duration the Customer remains a period of 90 days from the date of this licence ("Warranty Period")“live” customer. If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's ’s option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence agreement immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's ’s use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 The Supplier does not 7.2 Neither the Supplier, its Affiliates nor any licensors warrant that the use of the access to any Software will be uninterrupted uninterrupted, secure, complete or error-free. 9.3 7.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer. 9.4 7.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "“as is" ” and expressly subject to the disclaimer in clause 9.57.5. 9.5 7.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

SUPPLIER’S WARRANTIES. 9.1 10.1 (warranty) The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 10.2 (no warranty regarding interruption or errors) The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 . 10.3 (Customer responsible) The Customer accepts responsibility for for: (a) the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer; and (b) results obtained from the use of the Software by the Customer, and for conclusions drawn from such use. 9.4 10.4 (software provided on “as is” basis) The Customer acknowledges that any Open-Open- Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.510.5. 9.5 10.5 (no other warranties etc) All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. 10.6 (No liability for not following instructions, back-up etc.) In no event will the Supplier be liable to the Customer in relation to: (a) the Customer’s use of the Software in a manner contrary to the instructions given to the Customer; (b) the Customer’s failure to follow the Supplier’s guidance and recommendations contained in the Documentation or any failure by the Customer to: (i) use an operating system equal or better than the operating systems recommended by the Supplier; (ii) make a copy of Customer Data prior to installation of the Software; (iii) back-up Customer Data at all times; (iv) use the Software and accompanying hardware in accordance with instructions provided by the Supplier; and/or (v) scan and/or save Customer Data, (c) any loss of Customer Data caused by a failure to save or back-up; and (d) any modification of the Software by anyone other than the Supplier.

SUPPLIER’S WARRANTIES. 9.1 8.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("“Warranty Period"”). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's ’s option, do one of the following: 9.1.1 (a) repair the Software; 9.1.2 (b) replace the Software; or 9.1.3 (c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's ’s use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. 9.2 8.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free. 9.3 8.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer.intended 9.4 8.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "“as is" ” and expressly subject to the disclaimer in clause 9.5Clause 8.5. 9.5 8.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.