Common use of Warranties and Disclaimer Clause in Contracts

Warranties and Disclaimer. (a) Riverbed warrants to Customer that the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed a. Densify warrants that it has the right to Customer license the Densify Subscription Offering and the Local Component to Customer. Densify warrants that during the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Subscription Term, Customer’s sole production instances of the Densify Subscription Offering shall materially conform to the subscription descriptions and the Documentation therefor, provided that Customer’s exclusive remedy, remedy and RiverbedXxxxxxx’s sole and exclusive obligation, obligation with respect to any failure breach of this warranty is for Densify to provide Technical Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect correct or provide a workaround to any nonconformitynonconformity identified by Customer, deficiency, warranty or defect with respect provided that Customer has specified in writing for each such nonconformity how the Densify Subscription Offering failed to any Product is as set forth in conform to the XXXX. For subscription descriptions and the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Documentation. (b) EXCEPT AS OTHERWISE b. OTHER THAN THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION 9.a, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DENSIFY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND AND/OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, CONCERNING OR STATUTORYRELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PERFORMANCE, ACCURACYRESULTS, SECURITYTITLE, RELIABILITY NON-INFRINGEMENT AND NONINFRINGEMENTTHOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION WITHOUT LIMITING THE GENERALITY OF USE THE FOREGOING, DENSIFY DOES NOT WARRANT THAT THE DENSIFY SUBSCRIPTION OFFERING, LOCAL COMPONENT, DENSIFY TECHNOLOGY OR FREEDOM FROM BUGS DOCUMENTATION WILL MEET THE REQUIREMENTS OF CUSTOMER OR OTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CUSTOMER ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED ON ANY PRODUCT PROMISE, WARRANTY OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTREPRESENTATION NOT EXPRESSLY SET FORTH HEREIN.

Warranties and Disclaimer. 5.1 To the extent permitted by law, the Product is provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or the accuracy of the data or visualizations. 5.2 Without limiting the foregoing, NAU does not warrant that: (a) Riverbed warrants to Customer that the Support Product will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products).meet your requirements; (b) EXCEPT AS OTHERWISE EXPRESSLY the use of the Product will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Product will be accurate or reliable; (d) the quality of the Product will meet your expectations; or that (e) any errors in the Product will be corrected YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT ON AN “AS IS” AND WITHOUT WARRANTY OF ANY KIND“AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE PRODUCT AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. NAU AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIMS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONSGUARANTIES REGARDING THE PRODUCT AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCEAND NON-INFRINGEMENT. FURTHERMORE, ACCURACYNAU AND ITS COLLABORATORS, SECURITY, RELIABILITY SUPPLIERS AND NONINFRINGEMENT. RIVERBED ALSO MAKES LICENSORS MAKE NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY (I) THE PRODUCT OR SERVICE THIRD PARTY CONTENT AND SERVICES WILL MEET CUSTOMER’S YOUR REQUIREMENTS; (II) THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCT OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. THIS DISCLAIMER NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAU OR FROM THE PRODUCT SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT NAU AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE PRODUCT. NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTTHE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.

Warranties and Disclaimer. (a) Riverbed warrants Subscriber understands and agrees that Company is not an insurer and that insurance, if any, covering personal injury or other personal claims and property loss or damage on Subscriber's premises shall be obtained by Subscriber in such amounts and covering such perils as Subscriber may determine; that Company is being paid to Customer provide a Service and that the Support amounts being charged by Company are not sufficient to guarantee that no loss will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties occur; that Company is not assuming responsibility for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect any losses which may occur even if due to any Company's negligent performance or failure to provide Support in accordance with perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the foregoing warranty is to re-perform the applicable Supportcontents thereof, or personal injury. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, RIVERBED PROVIDES WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS SERVICE AND SUPPORT “AS IS” AND WITHOUT THE EQUIPMENT, INCLUDING ANY WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, MERCHANTABILITY OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. IF, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY TO COMPANY, COMPANY'S MAXIMUM LIABILITY CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED ONE-HALF THE ANNUAL PAYMENTS RECEIVED BY COMPANY FROM SUBSCRIBER UNDER THIS AGREEMENT. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVICE, THIS SUM SHALL BE COMPETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Subscriber agrees to indemnify and hold harmless Company, its employees and agents from and against all third party claims, lawsuits and losses alleged to be caused by Company's performance, negligent performance or failure to perform its obligations under this Agreement.

Warranties and Disclaimer. (a) Riverbed S&S warrants to Customer only that the Support will Goods shall be provided free from material defects as of the delivery date, provided, you store and handle the delivered Goods in such a professional manner that meets or exceeds the storage and handling procedures utilized by S&S. You must provide S&S with written notice of any warranty claims no later than thirty (30) days after receipt of the applicable order of Goods. Failure to provide written notice within such 30-day period shall void S&S’s warranties in accordance with generally accepted industry standardstheir entirety. As S&S’s sole responsibility and liability, and YOUR ONLY AND EXCLUSIVE REMEDY for any breach or breaches of such warranties, S&S shall, upon written notice from you, either (at S&S’s option) replace the defective portion of the Goods, or accept return thereof and refund the price paid by you for the defective portion. Any warranties misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty. You shall remain entirely responsible for Products are as set forth in the XXXX. Customer’s sole and exclusive remedyany shipments by you or your company for purposes of returning defective products or packages hereunder to S&S, and Riverbedall risk of loss or damage during shipment shall be borne by you. S&S will pay (or reimburse you) for reasonable shipping and handling charges limited to valid warranty claims. You agree and acknowledge that any benefits derived from use or resale of the Goods will depend on factors which vary from business to business and which are not within S&S’s sole and exclusive obligationcontrol. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE GOODS TO MEET YOUR, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedyYOUR COMPANY’S OR ITS CUSTOMERS’ NEEDS, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AND S&S MAKES NO WARRANTY AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES RESULTS TO BE OBTAINED FROM THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY USE OR SALE OF THE GOODS IN YOUR BUSINESS. S&S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER KIND WITH RESPECT TO THE GOODS WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY PURPOSE AND NONINFRINGEMENTNON- INFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THE WARRANTIES SET FORTH IN THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.SECTION ARE THE ONLY WARRANTIES MADE BY S&S.

Warranties and Disclaimer. (a) Riverbed 10.1 Each party represents and warrants to Customer that the Support will be provided in this Agreement constitutes a professional manner legal, valid, and binding obligation, enforceable against it in accordance with generally accepted industry standardsthe terms of this Agreement. Any warranties for Products are as Further, Varonis warrants that during the subscription period set forth in the XXXXapplicable Purchase Confirmation, the Subscription Services will conform in all material respects to the Documentation. CustomerVaronis’ sole liability and Subscriber’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect remedy for any breach of this performance warranty shall be to remedy or replace any failure to provide Support such non-conformance in accordance with the SLA. Xxxxxxx further represents and warrants that the Services will be performed by Xxxxxxx in a professional and workmanlike manner. The foregoing warranty is to re-perform will not apply if the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in non- conformance was caused by (i) use of the XXXX. For the Order, Products will be new (Subscription Services other than Products that were previously in accordance with the Documentation and this Agreement, including, without limitation, any accident and/or abuse, (ii) the Subscriber’s failure to properly maintain the Subscription Services in accordance with the instructions provided by Xxxxxxx, (iii) modifications to the Subscription Services by Subscriber or any third-party, or (iv) third-party hardware, software, or services used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at connection with the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Subscription Services, including the Equipment. (b) 10.2 VARONIS DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED OR THAT THEY SHALL MEET THE SUBSCRIBER’S REQUIREMENTS; NOR DOES VARONIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SUBSCRIPTION SERVICES OR THE SERVICES. THE SUBSCRIPTION SERVICES ARE NOT INTENDED TO BE USED AS A STORAGE, BACKUP OR ARCHIVING SERVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES SUBSCRIPTION SERVICES AND THE PRODUCTS AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY VARONIS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY PURPOSE AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTNON-INFRINGEMENT.

Warranties and Disclaimer. (a) Riverbed 11.1 SD Association represents, warrants and covenants that it has the right to Customer that enter into this Agreement and to license the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in SD Association Specifications to Licensee pursuant to the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)terms contained herein. (b) 11.2 Licensee represents and warrants that it has the right to enter into this Agreement. 11.3 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED STATED IN SECTIONS 11.1, AND 11.2 ABOVE, NEITHER SD ASSOCIATION NOR LICENSEE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE VALUE OR UTILITY OF THE RIGHTS LICENSED OR INFORMATION TO BE SUPPLIED PURSUANT TO THIS AGREEMENT, SUCH AS BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSD SPECIFICATIONS, RIVERBED PROVIDES SDA APPLICATIONS, SDA PICTOGRAPHS, SDA APPLICATION DESIGNATIONS AND TECHNICAL INFORMATION AND SUPPORT, IF ANY, OR THE PRODUCTS ABILITY OF LICENSEE TO MAKE USE THEREOF. NEITHER SD ASSOCIATION NOR LICENSEE MAKE ANY WARRANTY WHATSOEVER THAT THE USE OF INFORMATION, INCLUDING BUT NOT LIMITED TO THE SD SPECIFICATIONS, SDA APPLICATIONS, SDA PICTOGRAPHS, AND SUPPORT “AS IS” AND WITHOUT WARRANTY SDA APPLICATION DESIGNATIONS, SUPPLIED PURSUANT TO THIS AGREEMENT DOES NOT INFRINGE OR WILL NOT CAUSE INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT OWNED OR CONTROLLED BY ANY PERSON. EACH PARTY UNDERSTANDS AND AGREES THAT NEITHER THE SD ASSOCIATION, NOR THE LICENSEE MAKES ANY WARRANTY WHATSOEVER THAT ANY MAKING, HAVING MADE, DESIGNING, USING, OFFERING FOR SALE, SELLING, IMPORTING, EXPORTING, LEASING OR DISPOSING BY OTHER MEANS OF ANY SD PRODUCT WILL BE FREE FROM INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. NEITHER SD ASSOCIATION NOR LICENSEE MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIMS ALL OTHER EXPRESSLY DISCLAIM IMPLIED WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION ANY EQUIVALENTS UNDER THE LAWS OF USE ANY JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF INFORMATION DISCLOSURES RELATING TO THIS AGREEMENT.

Warranties and Disclaimer. 12.1 Licensor represents, warrants and covenants that it has the right to enter into this Agreement and to license the Essential Patent Claims, the SD Group Specifications (aexcluding the Specifications Addenda) Riverbed warrants and SD Logos Licensable by SD Group to Customer that Licensee pursuant to the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)terms contained herein. (b) 12.2 Licensee represents and warrants that it has the right to enter into this Agreement and to license the Essential Patent Claims pursuant to the terms contained herein. 12.3 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED STATED IN SECTIONS 12.1 AND 12.2 ABOVE, NEITHER LICENSOR, SD GROUP NOR LICENSEE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE VALUE OR UTILITY OF THE PATENT CLAIMS LICENSED OR INFORMATION TO BE SUPPLIED PURSUANT TO THIS AGREEMENT, SUCH AS BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED ESSENTIAL PATENT CLAIMS, THE SD GROUP SPECIFICATIONS (INCLUDING EFFECTIVENESS OF SECURITY OF PART 3 OF SD SPECIFICATIONS (AND CONTENT PROTECTION FOR RECORDABLE MEDIA TECHNOLOGY WHICH IS NOT LICENSED UNDER APPLICABLE LAWTHIS AGREEMENT)), RIVERBED PROVIDES THE PRODUCTS SD LOGOS, AND SUPPORT “AS IS” TECHNICAL INFORMATION AND WITHOUT SUPPORT, IF ANY, OR THE ABILITY OF LICENSOR, SD GROUP OR LICENSEE TO MAKE USE THEREOF TO SECURE INTERCHANGEABILITY OR INTEROPERABILITY WITH OTHER SD PRODUCTS. NEITHER LICENSOR, SD GROUP NOR LICENSEE MAKE ANY WARRANTY WHATSOEVER THAT THE USE OF ESSENTIAL PATENT CLAIMS OR INFORMATION, INCLUDING BUT NOT LIMITED TO THE SD GROUP SPECIFICATIONS, SUPPLIED PURSUANT TO THIS AGREEMENT DOES NOT INFRINGE OR WILL NOT CAUSE INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT OWNED OR CONTROLLED BY ANY PERSON. EACH PARTY UNDERSTANDS AND AGREES THAT NEITHER THE LICENSOR, THE SD GROUP, THE LICENSOR COMPLIANCE COMMITTEE NOR THE LICENSEE MAKES ANY WARRANTY WHATSOEVER THAT ANY MAKING, HAVING MADE, DESIGNING, USING, OFFERING FOR SALE, SELLING, IMPORTING, EXPORTING, LEASING OR DISPOSING BY OTHER MEANS OF SD HOST PRODUCTS OR SD ANCILLARY PRODUCTS WILL BE FREE FROM INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. NEITHER LICENSOR, SD GROUP, THE LICENSOR COMPLIANCE COMMITTEE NOR LICENSEE MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIMS ALL OTHER EXPRESSLY DISCLAIM IMPLIED WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION ANY EQUIVALENTS UNDER THE LAWS OF USE ANY JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF INFORMATION DISCLOSURES RELATING TO THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed Aternity warrants to Customer that the Support Professional Services will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXXCustomer Agreement. Customer’s sole and exclusive remedy, and RiverbedAternity’s sole and exclusive obligation, with respect to any failure to provide Support the Professional Services in accordance with the foregoing warranty is to re-perform the applicable SupportProfessional Services. Customer’s sole and exclusive remedy, and RiverbedAternity’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Customer Agreement. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE ATERNITY MAKES NO OTHER WARRANTIES WITH RESPECT TO ANY PRODUCTS OR ANY SERVICES AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ATERNITY ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT SERVICE OR SERVICE DELIVERABLE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed Extreme Molding warrants to Customer that the Support goods purchased herein will be provided made in a professional workmanlike manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is specifications heretofore agreed to re-perform the applicable Supportby Customer. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE EXTREME MOLDING MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY COURSE OF ANY KINDDEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND HEREBY EXTREME MOLDING EXPRESSLY DISCLAIMS ALL OTHER ANY IMPLIED WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OF MERCHANTABILITY OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCEWARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY AND EXTREME MOLDING HEREBY EXCLUDES ANY OTHER WARRANTIES OR REPRESENTATIONS THAT MAY HAVE APPEARED IN ANY OTHER DOCUMENT PROVIDED BY CUSTOMER. Subject to the exceptions and upon the conditions specified herein, ACCURACYExtreme Molding shall correct either by repair or, SECURITYat its election, RELIABILITY by replacement, any defects of material or workmanship which is discovered within 30 days from date of shipment of the goods to the original purchaser, provided that investigation and factory inspection by Extreme Molding discloses that such defect arose under normal and proper use. Customer’s failure to give notice of claim of defect or shortage in shipment within thirty (30) days from date of shipment shall constitute a waiver by Customer of all claims in respect to such goods. THE FOREGOING REMEDIES SHALL BE THE CUSTOMER'S SOLE AND NONINFRINGEMENTEXCLUSIVE REMEDY ANDEXTREME MOLDING'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTSAll items claimed defective must be returned to Extreme Molding, transportation charges prepaid; replacement goods will be returned to Customer, transportation charges prepaid. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTGoods may not be returned to Extreme Molding without prior written authorization and an Extreme Molding Returned Goods Authorization Number. Representations and warranties made by any person, including distributors and representatives of Extreme Molding, which are inconsistent or in conflict with these terms and conditions (including, but not limited to, the disclaimer of warranties or limitations of liability of Extreme Molding), shall not be binding upon Extreme Molding.

Warranties and Disclaimer. (a) Riverbed warrants All warranties relating to Customer that the Support will be products and services provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products by Itron under this Agreement are as set forth in the XXXXapplicable Addendum or Order Document. Customer’s sole and exclusive remedyEXCEPT FOR THE EXPRESS WARRANTIES PROVIDED BY ITRON UNDER THE APPLICABLE ADDENDUM OR ORDER DOCUMENT, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT ITRON MAKES NO WARRANTY OF ANY KIND, KIND RELATING TO PRODUCTS AND HEREBY SERVICES AND DISCLAIMS ALL OTHER IMPLIED WARRANTIES, INCLUDING: (I) IMPLIED WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OF MERCHANTABILITY OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND (III) WARRANTIES ARISING FROM STATUTE, OPERATION OF LAW, COURSE OF DEALING, PERFORMANCE, ACCURACYUSAGE OR TRADE PRACTICE. TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE EXCLUDED, SECURITY, RELIABILITY SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. ITRON AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE ITS SUPPLIERS DO NOT WARRANT OR FREEDOM REPRESENT THAT PRODUCTS OR SERVICES WILL BE FREE FROM BUGS OR ERRORS OR THAT THEIR USE WILL BE UNINTERRUPTED. ITRON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PRODUCT INTERRUPTION OR SERVICE CESSATION OF TRANSMISSION VIA CUSTOMER OR THIRD-PARTY WIDE-AREA NETWORK (WAN), CELLULAR OR OTHER PUBLIC COMMUNICATIONS OR BROADBAND SYSTEMS (INCLUDING OUTAGES, DISCONTINUANCE, DEVICE NON-REACHABILITY, LOSS OR INACCURATE READING) OR FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES ARISING FROM CHANGES MADE BY CUSTOMER TO THE CONTENT OR PROGRAMMING OF EQUIPMENT (UNLESS CAUSED BY A DEFECTIVE PRODUCT). THESE DISCLAIMERS WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER APPLY NOTWITHSTANDING ANY FAILURE OF WARRANTY CONSTITUTES AN THE ESSENTIAL PART PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed 10.1 LICENSOR warrants that it has the right to Customer enter into this agreement and owns such rights to the CRIMES LAW ENFORCEMENT SOFTWARE as are necessary to grant this license. 10.2 LICENSOR further warrants that the Support CRIMES LAW ENFORCEMENT SOFTWARE does not infringe upon the valid copyright or other rights of others and will be provided in a professional manner indemnify and hold LICENSEE harmless from and against all claims of infringement so long as LICENSEE utilizes the CRIMES LAW ENFORCEMENT SOFTWARE in accordance with generally accepted industry standards. Any warranties for Products are this agreement and adheres to the terms hereof regarding such utilization. 10.3 LICENSOR further warrants that the CRIMES LAW ENFORCEMENT SOFTWARE includes the component elements as set forth in Addendum A. 10.4 To the XXXX. Customer’s extent that LICENSOR supplies LICENSEE with third-party products, whether hardware, software or other supplies, LICENSOR make NO WARRANTY WHATSOEVER regarding such third-party products and LICENSEE shall rely solely on the manufacturer's warranty and LICENSEE's sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with recourse will be against such manufacturer. 10.5 LICENSOR does warrant that the foregoing warranty is to re-perform CRIMES LAW ENFORCEMENT SOFTWARE includes the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is basic functionality as set forth in the XXXX. For the OrderAddendum A, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)but does not warrant any specific features. (b) 10.6 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENTFOR THE EXPRESS WARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLICENSOR MAKES NO WARRANTIES WHATSOEVER, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, MERCHANTABILITY OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEUSE. THE CRIMES LAW ENFORCEMENT SOFTWARE IS LICENSED AS IS AND WHERE IS AND THE WARRANTIES LISTED ABOVE ARE IN LIEU OF ANY AND ALL OBLIGATIONS OF LICENSOR FOR DAMAGES, PERFORMANCEINCLUDING, ACCURACYBUT NOT LIMITED TO, SECURITYCONSEQUENTIAL DAMAGES, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION ARISING OUT OF OR IN CONNECTION WITH THE USE OR FREEDOM FROM BUGS OR THAT ATTEMPTED USE OF THE CRIMES LAW ENFORCEMENT SOFTWARE. LICENSOR'S LIABILITY SHALL NOT, UNDER ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER CIRCUMSTANCES, EXCEED THE CHARGES ACTUALLY PAID BY LICENSEE TO LICENSOR HEREUNDER FOR THE LICENSE OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTTHE CRIMES LAW ENFORCEMENT SOFTWARE. 10.7 Under no circumstances shall LICENSOR be responsible for user error, including but not limited to, erroneous data input, misuse of the CRIMES LAW ENFORCEMENT SOFTWARE, incorrect interpretation of data or missing data.

Warranties and Disclaimer. Each Party represents and warrants (a) Riverbed warrants to Customer that it is duly organized, validly existing and in good standing under the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole laws of its jurisdiction of incorporation or organization; and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT that the execution and performance of this Agreement will not conflict with any obligations it has towards third parties, or violate any provision of any applicable law. OTHER THAN AS OTHERWISE EXPRESSLY PROVIDED EXPLICITLY STATED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS PLATFORM, THE REBLAZE DASHBOARD, THE SERVICES, THE DOCUMENTATION AND SUPPORT THE REPORTS ARE PROVIDED ON AN “AS IS” BASIS. IN ADDITION TO OTHER DISCLAIMERS CONTAINED HEREIN, REBLAZE DOES NOT WARRANT THAT THE PLATFORM AND/OR REPORTS AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE SECURED AT ALL TIMES, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SOFTWARE LIMITATIONS. TO THE EXTENT ALLOWED BY LAW REBLAZE AND WITHOUT WARRANTY OF ANY KINDITS VENDORS, INCLUDING OUR AND HEREBY SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) EXPRESSLY DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND CONDITIONSALL IMPLIED WARRANTIES, WHETHER EXPRESSINCLUDING, IMPLIEDBUT NOT LIMITED TO, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITYNON-INTERFERENCE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENTANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RIVERBED ALSO MAKES IN ADDITION, REBLAZE PROVIDES NO WARRANTY REGARDING NONINTERRUPTION GUARANTEE THAT THE SERVICE CAN REVEAL ALL OR ANY INFECTED WEB COMMUNICATIONS. DUE TO THE CONTINUAL DEVELOPMENT OF USE NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, XXXXXXX DOES NOT WARRANT THAT IT WILL 100% REVEAL WHETHER YOUR WEB PROPERTIES ARE VULNERABLE TO THIRD PARTY SECURITY ATTACKS. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR FREEDOM OTHERS THAT MAY RESULT FROM BUGS TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR THAT INTERRUPTIONS) OR ANY PRODUCT TELECOMMUNICATIONS OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTSINTERNET PROVIDERS. THIS DISCLAIMER INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTTHE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Warranties and Disclaimer. We represent and warrant that: (a) Riverbed warrants for a period of thirty (30) days from the date of initial Subscription start date, which is known as the “Warranty Period”, Our Software properly subscribed hereunder will substantially conform to Customer that the description contained in Our Software’s online end user manuals or on-line help files regarding the use of Our Software; and (b) the Support will be provided performed in a professional manner and workmanlike manner. The warranty given in subsection (a) above will only apply if: (i) Our Software has been properly installed and used at all times in accordance with generally accepted industry standardsthe instructions in its documentation, and (ii) no modification, alteration or addition has been made to Our Software. Any warranties for Products are as set forth in the XXXX. Customer’s For any breach of these warranties, Your sole and exclusive remedy, and Riverbed’s Our sole and exclusive obligation, with respect will be for Us to any failure to provide Support in accordance with the foregoing warranty is to repair or replace Our Software or re-perform the applicable SupportSupport as warranted. Customer’s sole and exclusive remedyIf We are unable to correct such non-conformance in Our Software or Support after a reasonable opportunity, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty We will refund the Subscription or defect with respect to any Product is as set forth in service fees actually paid for such Subscription or Service; provided that these remedies are only available if We receive notice of such breach within the XXXXWarranty Period. For clarity, any such refund pertains solely to Our Software Subscription fees and not any other fee that may be charged by the OrderCloud Service Provider for hardware, Products will be new (infrastructure or other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) Cloud Service Provider resources. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS WE PROVIDE OUR SOFTWARE AND SUPPORT “TO YOU "AS IS” " AND WITHOUT WARRANTY WE DISCLAIM ALL WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENTCOURSE OF DEALING OR USAGE OF TRADE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE WE DO NOT WARRANT THAT OUR SOFTWARE WILL OPERATE UNINTERRUPTED OR FREEDOM BE FREE FROM BUGS ERRORS OR THAT ANY PRODUCT OR SERVICE WILL OUR SOFTWARE IS DESIGNED TO MEET CUSTOMER’S YOUR REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. EnterpriseDB represents and warrants that: (a) Riverbed warrants for a period of thirty (30) days from the date of initial Subscription purchase, the Software shall substantially conform to Customer that the description contained in its Documentation; and (b) the Support and Services will be provided performed in a professional manner and workmanlike manner. The warranty given in Section 11(a) will only apply if: (i) the Software has been properly installed and used at all times in accordance with generally accepted industry standardsthe instructions in its Documentation, and (ii) no modification, alteration or addition has been made to the Software. Any warranties for Products are as set forth in For any breach of the XXXX. foregoing warranties, Customer’s 's sole and exclusive remedy, and Riverbed’s EnterpriseDB's sole and exclusive obligation, with respect will be for EnterpriseDB to any failure to provide Support in accordance with repair or replace the foregoing warranty is to Software or re-perform the applicable SupportSupport or Services as warranted, as applicable. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect If EnterpriseDB is unable to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth correct such non-conformance in the XXXX. For the OrderSoftware, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warrantyServices after a reasonable opportunity, EnterpriseDB will refund the Subscription or Service fees actually paid for such Subscription or Service; provided that these remedies are only available if EnterpriseDB receives notice of such breach within thirty (30) on original shipment from Riverbed unless otherwise designated by Riverbed at the time date of Order initial purchase of the applicable Subscription or on its then-current price list ten (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b10) days from the date of delivery of the Services, as applicable. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 11, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED ENTERPRISEDB PROVIDES THE PRODUCTS SOFTWARE, SERVICES AND SUPPORT “TO CUSTOMER "AS IS” " AND WITHOUT WARRANTY ENTERPRISEDB DISCLAIMS ALL WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENTCOURSE OF DEALING OR USAGE OF TRADE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE ENTERPRISEDB DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREEDOM BE FREE FROM BUGS ERRORS OR THAT ANY PRODUCT OR SERVICE WILL THE SOFTWARE IS DESIGNED TO MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed warrants to Customer that the Support Services will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support the Services in accordance with the foregoing warranty is to re-perform the applicable SupportService. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed Aternity warrants to Customer that the Support Services will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties Aternity further warrants to Customer that during the applicable Subscription Term, the Cloud Services, upon issuance by Aternity of login instructions and/or a license key, as applicable, will conform in all material respects to the applicable published specifications for Products are as set forth such Cloud Services. The foregoing warranty does not extend to any Cloud Service that is modified or altered or is not used in accordance with the XXXXapplicable Aternity published specifications and/or Documentation. Customer’s sole and exclusive remedy, and RiverbedAternity’s sole and exclusive obligation, for any breach of the foregoing warranties will be, at Aternity’s option, (I) with respect to the Cloud Services warranty, the repair or replace the non-conforming Cloud Services, or, if Aternity determines repair or replacement is impractical, Customer may terminate the non-conforming Cloud Services and Customer will receive a refund of any failure fees for the terminated Cloud Services that Customer pre-paid to provide Support in accordance with Aternity for the foregoing warranty is to re-perform period following the applicable Support. Customer’s sole and exclusive remedyeffective date of termination, and Riverbed’s sole and exclusive obligation, (II) with respect to any nonconformityServices, deficiency, warranty or defect with respect to any Product is as set forth in re-performance of the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)applicable Service. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED ATERNITY PROVIDES THE PRODUCTS CLOUD SERVICES, SOFTWARE AND SUPPORT SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ATERNITY ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT CLOUD SERVICE, SOFTWARE OR SERVICE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed Seller warrants to Customer good and free title in the Goods and that the Support Goods will be provided substantially conform to Seller’s published specifications, if any exist. These warranties extend only to Distributor. Distributor will examine the Goods promptly after receipt for damage, defects, and non- conformance. Distributor must give Seller written notice of the existence of each claim involving the Goods (whether based in a professional manner contract, breach of warranty, negligence, strict liability, other tort or otherwise) within thirty (30) days after receipt of the Goods forming the basis for the claim. If Distributor timely notifies Seller of any nonconforming Goods, Seller shall, in accordance its sole discretion, (i) replace such nonconforming Goods with generally accepted industry standardsconforming Goods, or (ii) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Distributor in connection therewith. Distributor shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's facility located at Rome, Georgia. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Distributor's shipment of nonconforming Goods, ship to Distributor, at Distributor's expense and risk of loss, the replaced Goods to the delivery point. For purposes hereof, “nonconforming Goods” means only the following: (i) Goods shipped are different than identified in Distributor’s purchase order; or (ii) Good’s label or packaging incorrectly identifies its contents. A failure by Distributor to give such notice within the applicable time constraint will constitute an absolute and unconditional waiver of all such claims. EXCEPT AS STATED HEREIN, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO GOODS, EXPRESS OR IMPLIED, RESPECTING MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller makes no other warranties extending beyond the description of the Goods, whether used alone or in combination with any other substance or in any process. Any warranties for Products are as set forth in affirmation of fact or promises made by Seller, or samples and/or pictures provided by Seller shall not be deemed to create an express warranty that the XXXXGoods shall conform to such affirmation or promise or sample or picture. Customer’s sole Any descriptions and exclusive remedy, and Riverbed’s sole and exclusive obligation, samples with respect to Goods offered for sale herein are not warranted by Seller to be accurate or complete. If a model or sample was shown to Distributor, such model or sample was used merely to illustrate the general type and quality of Goods sold by Seller and not to represent that the Goods would necessarily conform to such model or sample. Any description is for the sole purpose of identifying the Goods and no affirmation, promise, description, sample or model shall be deemed part of the basis of the bargain. The processing of any failure to provide Support in accordance claims regarding materials and workmanship shall be at the sole discretion of Seller, with the foregoing warranty is to re-perform the applicable Support. CustomerDistributor’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligationif any, with respect solely being limited to any nonconformity, deficiency, warranty replacement of the Goods or defect with respect to any Product is as set forth in a refund of the XXXX. For purchase price of the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Goods. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. With respect to the receipt of Xxxxxxx-Xxxxxx Generated Leads and/or Approved Customer Generated Leads (acollectively referred to as “Applicant Candidate List”), Customer agrees and warrants that: a. The use of the Applicant Candidate List and any calls and other interactions with and information provided to the Applicant Candidate List will comply with all applicable federal, state and local laws, statutes, rules and regulations, including without limitation, the Communications Act of 1934, as amended, the Telephone Consumer Protection Act ("TCPA") Riverbed warrants to Customer that and implementing regulations issued by Federal Communications Commission, the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in Telemarketing and Consumer Fraud and Abuse Prevention Act, the XXXX. CustomerFederal Trade Commission’s sole and exclusive remedyTelemarketing Sales Rule, and Riverbed’s sole other federal and exclusive obligationstate laws and regulations governing the marketing, with respect promotion, and/or sales of goods or services, including general consumer protection laws and regulations, or other consumer protection laws that prohibit unfair, deceptive, or misleading acts or practices. Without limiting the generality of the foregoing, Customer will not make any calls to any failure to provide Support in accordance with the foregoing warranty is to reindividual listed on any federal or state Do-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new Not-Call (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty“DNC”) on original shipment from Riverbed registry unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)an exemption applies. (b) b. THE APPLICANT CANDIDATE LIST IS PROVIDED "AS IS", "WHERE IS". EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENTSET FORTH HEREIN, XXXXXXX-XXXXXX MAKES NO WARRANTIES TO CUSTOMER, AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES ARE DISCLAIMED TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF INCLUDING ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCECOMPLIANCE WITH THE LAWS, ACCURACYNON-INFRINGEMENT, SECURITYTITLE, RELIABILITY OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER UNDERSTANDS AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION ACCEPTS THAT THE APPLICANT CANDIDATE LIST IS NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE AND ALL RISKS OF USE CONDITION, USE, QUALITY, OR FREEDOM FROM BUGS OR FITNESS ARE SOLELY AND EXCLUSIVELY THAT ANY PRODUCT OR SERVICE WILL MEET OF CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. (a) Riverbed Licensor warrants to Customer that the Support Software will be provided perform in a professional manner in substantial accordance with generally accepted industry standardsthe Documentation for a period of ninety (90) days from delivery (the “Warranty Period). Any warranties for Products are If the Software does not perform as set forth in warranted, Licensor shall undertake to correct the XXXXSoftware, or if the correction of the Software is not reasonably possible, replace such Software free of charge with conforming Software. Customer’s sole and exclusive remedyIf neither of the foregoing is commercially practicable, and Riverbed’s sole and exclusive obligation, Licensor shall terminate this Agreement with respect to any failure the non-conforming Software and refund the monies paid by Licensee attributable to provide Support such non-conforming Software. THE FOREGOING ARE LICENSEE’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. The warranty set forth above is made to and for the benefit of Licensee and will be enforceable against Licensor only if: the Software has been used at all times in accordance with the foregoing warranty is instructions for such use; and Licensee has not made or caused to re-perform be made modifications, alterations or additions to the applicable SupportSoftware that cause it to deviate from the Documentation. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXXTHE ABOVE LIMITED WARRANTY WILL NOT APPLY IF: (i) THE SOFTWARE IS NOT USED IN ACCORDANCE WITH THIS AGREEMENT OR THE DOCUMENTATION; (ii) THE SOFTWARE OR ANY PART THEREOF HAS BEEN MODIFIED BY ANY ENTITY OTHER THAN LICENSOR OR (iii) A MALFUNCTION IN THE SOFTWARE HAS BEEN CAUSED BY ANY EQUIPMENT OR SOFTWARE NOT SUPPLIED BY LICENSOR. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY FOR THE LIMITED WARRANTY SET FORTH ABOVE THE SOFTWARE IS PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” ”. NO RIGHTS OR REMEDIES REFERRED TO ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE WILL BE CONFERRED UNLESS EXPRESSLY GRANTED HEREIN. LICENSOR DOES NOT MAKE (AND WITHOUT WARRANTY OF HAS NOT AUTHORIZED ANYONE TO MAKE) ANY KINDREPRESENTATIONS OR WARRANTIES, AND HEREBY LICENSOR DISCLAIMS ALL OTHER WARRANTIES REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESSORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR STATUTORYUSAGE IN TRADE, INCLUDING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCETITLE, ACCURACYNON-INFRINGEMENT, SECURITYOR SYSTEMS INTEGRATION. WITHOUT LIMITING THE FOREGOING, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO LICENSOR MAKES NO WARRANTY REGARDING NONINTERRUPTION OF WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE SOFTWARE’S USE OR FREEDOM PERFORMANCE AND DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE FAIL-SAFE, UNINTERRUPTED, OR FREE FROM BUGS ERRORS OR DEFECTS OR THAT ANY PRODUCT OR SERVICE THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTPROTECT AGAINST ALL POSSIBLE THREATS.

Warranties and Disclaimer. (a) Riverbed a. Densify warrants that it has the right to Customer license the Densify Subscription Offering and the Local Component to Customer. Densify warrants that during the Support will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Subscription Term, Customer’s sole production instances of the Densify Subscription Offering shall materially conform to the subscription descriptions and the Documentation therefor, provided that Customer’s exclusive remedy, remedy and RiverbedXxxxxxx’s sole and exclusive obligation, obligation with respect to any failure breach of this warranty is for Densify to provide Technical Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect correct or provide a workaround to any nonconformitynonconformity identified by Customer, deficiency, warranty or defect with respect provided that Customer has specified in writing for each such nonconformity how the Densify Subscription Offering failed to any Product is as set forth in conform to the XXXX. For subscription descriptions and the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Documentation. (b) EXCEPT AS OTHERWISE b. OTHER THAN THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION 8.a, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DENSIFY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND AND/OR CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, CONCERNING OR STATUTORYRELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PERFORMANCE, ACCURACYRESULTS, SECURITYTITLE, RELIABILITY NON-INFRINGEMENT AND NONINFRINGEMENTTHOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION WITHOUT LIMITING THE GENERALITY OF USE THE FOREGOING, DENSIFY DOES NOT WARRANT THAT THE DENSIFY SUBSCRIPTION OFFERING, LOCAL COMPONENT, DENSIFY TECHNOLOGY OR FREEDOM FROM BUGS DOCUMENTATION WILL MEET THE REQUIREMENTS OF CUSTOMER OR OTHERS OR THAT THEY WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. CUSTOMER ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT IT HAS NOT RELIED ON ANY PRODUCT PROMISE, WARRANTY OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTREPRESENTATION NOT EXPRESSLY SET FORTH HEREIN.

Warranties and Disclaimer. Comar warrants that the goods will be made in a workmanlike manner and in accordance with the specifications agreed to bythe parties and in compliance with any requirements of Section 6, 7 and 12 of the Fair Labor Standards Act as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.. COMAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND COMAR HEREBY EXCLUDES ANY OTHER WARRANTIES OR REPRESENTATIONS THAT MAY HAVE APPEARED IN ANY DOCUMENT PROVIDED BY CUSTOMER WHETHER OR NOT INCORPORATED OR DEEMED INCORPORATED IN THE AGREEMENT. COMAR DOES NOT WARRANT ANY CLOSURE, LINER, OR BOTTLE TO BE COMPATIBLE WITH ANY PARTICULAR PRODUCT OR MANUFACTURING SYSTEM AND HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE IN CONNECTION THEREWITH. Customer or its agents is solely responsible for testing and evaluating the appropriateness, suitability and compatibility of the closure, liner, bottle, or dispensing system with the intended product through all phases of manufacturing/packaging, storage, and distribution systems, including the evaluation of the life-cycle of any product or packaging in which any goods purchased under the Agreement will be incorporated. Upon Customer’s written request, Comar will assist in conducting appropriate testing but Customer will hold Comar harmless and be solely responsible for all decisions in this regard. Notwithstanding the foregoing, no warranty set forth in the Agreement will apply to any goods that have been: (a) Riverbed warrants altered in any manner other than by Comar; (b) subjected to physical abuse or misuse; or (c) used in any manner inconsistent with Comar’s instructions for use or otherwise as agreed by the parties. The warranties set forth in the Agreement extend only to Customer that and not Customer’s customers or to users of Customers products. Subject only to the Support exceptions and conditions specified in these Terms, Comar will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties correct either by repair or, at its election, by replacement, any defects of material or workmanship which is discovered within sixty (60) days from transfer of title for Products are the goods to Customer as set forth in the XXXXthese Terms, provided, however, that no such defects were incurred in transit or while in Customer’s possession. . Customer’s sole failure to give notice of claim of defect or shortage in shipment within such sixty (60) day period will constitute a complete and exclusive remedy, and Riverbed’s sole and exclusive obligation, with absolute waiver by Customer of all claims in respect to such goods. All items claimed defective must be returned to Comar, transportation charges prepaid; replacement goods will be returned to Customer, transportation charges prepaid. Goods may not be returned to Comar without prior written authorization and the issuance by Comar to Customer of a Returned Goods Authorization Number. Customer will give Comar prompt and reasonable opportunity to inspect all goods as to which any claim is made, or Customer will be deemed to waive and release any and all such claims. If Comar and Customer are unable to reach a settlement of any claim relating to material covered hereby within thirty (30) days after a claim is made by Customer, Customer will have sixty (60) days to institute legal action against Comar and any failure to provide Support institute such legal action will constitute a complete and absolute waiver of such claim notwithstanding any statutory period of limitations. Representations and warranties made by any person, including distributors and representatives of Comar, which are inconsistent or in accordance conflict with these terms and conditions (including, but not limited to, the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedydisclaimer of warranties or limitations of liability of Comar), and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will not be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)binding upon Comar. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. EnterpriseDB represents and warrants that: (a) Riverbed warrants for a period of thirty (30) days from the date of initial Subscription start date (“Warranty Period”), the Software shall substantially conform to Customer that the description contained in its Documentation; and (b) the Support and Services will be provided performed in a professional manner and workmanlike manner. The warranty given in Section 11(a) will only apply if: (i) the Software has been properly installed and used at all times in accordance with generally accepted industry standardsthe instructions in its Documentation, and (ii) no modification, alteration or addition has been made to the Software. Any warranties for Products are as set forth in For any breach of the XXXX. foregoing warranties, Customer’s 's sole and exclusive remedy, and Riverbed’s EnterpriseDB's sole and exclusive obligation, with respect will be for EnterpriseDB to any failure to provide Support in accordance with repair or replace the foregoing warranty is to Software or re-perform the applicable SupportSupport or Services as warranted, as applicable. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect If EnterpriseDB is unable to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth correct such non- conformance in the XXXX. For the OrderSoftware, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at Services after a reasonable opportunity, EnterpriseDB will refund the time Subscription or Service fees actually paid for such Subscription or Service; provided that these remedies are only available if EnterpriseDB receives notice of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) such breach within the Warranty Period. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 11, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED ENTERPRISEDB PROVIDES THE PRODUCTS SOFTWARE, SERVICES AND SUPPORT “TO CUSTOMER "AS IS” " AND WITHOUT WARRANTY ENTERPRISEDB DISCLAIMS ALL WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENTCOURSE OF DEALING OR USAGE OF TRADE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE ENTERPRISEDB DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREEDOM BE FREE FROM BUGS ERRORS OR THAT ANY PRODUCT OR SERVICE WILL THE SOFTWARE IS DESIGNED TO MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. 10.1 Each party represents and warrants that: (ai) Riverbed warrants to Customer that the Support will be provided in this Agreement constitutes a professional manner legal, valid and binding obligation, enforceable against it in accordance with generally accepted industry standardsthe terms of this Agreement, and (ii) its execution and delivery of this Agreement and its performance hereunder will not violate any applicable law, rule or regulation. Any warranties for Products are as Varonis warrants that subscription period set forth in the XXXXapplicable Purchase Confirmation, the Subscription Services will conform in all material respects to the Documentation. CustomerVaronis’ sole liability and Subscriber’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect remedy for any breach of this performance warranty shall be to remedy or replace any failure to provide Support such non-conformance in accordance with the SLA. Varonis further represents and warrants that the Services will be performed by Varonis in a professional and workmanlike manner. The foregoing warranty is to rewill not apply if the non-perform conformance was caused by (i) use of the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (Subscription Services other than Products that were previously in accordance with the Documentation and this Agreement, including, without limitation, any accident and/or abuse, (ii) the Subscriber’s failure to properly maintain the Subscription Services in accordance with the instructions provided by Varonis, (iii) modifications to the Subscription Services by Subscriber or any third-party, or (iv) third-party hardware, software, or services used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at connection with the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Subscription Services, including the Equipment. (b) 10.2 VARONIS DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED OR THAT THEY SHALL MEET THE SUBSCRIBER’S REQUIREMENTS; NOR DOES VARONIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SUBSCRIPTION SERVICES OR THE SERVICES. THE SUBSCRIPTION SERVICES ARE NOT INTENDED TO BE USED AS A STORAGE, BACKUP OR ARCHIVING SERVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES SUBSCRIPTION SERVICES AND THE PRODUCTS AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY VARONIS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY PURPOSE AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.NON-INFRINGEMENT.‌

Warranties and Disclaimer. (a) Riverbed Contractor warrants to Customer that the Support its services will be provided free of defects in materials and workmanship for a professional manner in accordance with generally accepted industry standardsperiod of ninety (90) days following completion of the service. Any warranties for Products Your sole remedies are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is require Contractor to re-perform the affected service or at Contractor's option to refund, on a pro-rata basis, the service fees paid for the affected service. During the applicable Support. Customer’s sole and exclusive remedyWarranty Period, Contractor warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and Riverbedoperating system security updates/patches do not degrade or compromise System functionality, and that after incorporation of the tested Software updates, the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as “Documentation.” Whether a defect occurs will be determined solely with reference to the Documentation. Contractor does not warrant that County’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty use of the Software or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than uninterrupted or error-free or that the Software or the Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY will meet County’s particular requirements. CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO PRE-TESTED ANTI-VIRUS DEFINITIONS, OPERATING SYSTEM SOFTWARE PATCHES, AND CONDITIONSINTRUSION DETECTION SENSOR SIGNATURE FILES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCEAND NON-INFRINGEMENT. FURTHER, ACCURACY, SECURITY, RELIABILITY CONTRACTOR DISCLAIMS ANY WARRANTY CONCERNING THE NON-CONTRACTOR SOFTWARE AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION DOES NOT GUARANTEE THAT COUNTY’S SYSTEM WILL BE ERROR-FREE OR IMMUNE TO VIRUSES OR WORMS AS A RESULT OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTTHESE SERVICES.

Warranties and Disclaimer. Stella & Dot warrants that Stella & Dot Products, Services or Personal Website (aPWS) Riverbed warrants to Customer that the Support will as and when delivered by Stella & Dot shall be provided in a professional manner in accordance with generally accepted industry standardsfree from material defects. Any warranties for Products are as set forth in the XXXX. CustomerStella & Dot’s sole obligation, and my sole and exclusive remedy, for breach of this warranty shall be to return any defective Stella & Dot product and Riverbedreceive a replacement, refund, or credit as described in Stella & Dot’s sole and exclusive obligation, with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable SupportPolicies & Procedures. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, RIVERBED PROVIDES I EXPRESSLY UNDERSTAND AND AGREE THAT: (A) MY USE OF ANY STELLA & DOT PRODUCTS, SERVICES OR PWS IS AT MY SOLE RISK, AND THE PRODUCTS AND SUPPORT PRODUCTS, SERVICES OR PWS ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTY OF ANY KIND, “AS AVAILABLE” BASIS AND HEREBY DISCLAIMS THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO STELLA & DOT PRODUCTS, THE STELLA & DOT AMBASSADOR OPPORTUNITY, SERVICES, PWS, MARKETING MATERIALS, BUSINESS SUPPLIES AND CONDITIONSANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCETITLE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO ; (B) STELLA & DOT MAKES NO WARRANTY REGARDING NONINTERRUPTION (I) THAT THE SERVICES OR PWS WILL MEET MY REQUIREMENTS, (II) THAT THE SERVICES OR PWS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF USE THE SERVICES OR FREEDOM FROM BUGS AMBASSADOR WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE AMBASSADOR WEB SITE WILL MEET MY EXPECTATIONS, (V) THAT ANY PRODUCT ERRORS IN THE SERVICES OR SERVICE PWS WILL MEET CUSTOMERBE CORRECTED AND (VI) REGARDING ANY ACTIONS OR OMISSIONS OF STELLA & DOT’S REQUIREMENTSVENDORS OR OTHER THIRD PARTIES; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR PWS IS ACCESSED AT MY OWN DISCRETION AND RISK, AND I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT“RELEASED PARTIES” INCLUDE STELLA & DOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.

Warranties and Disclaimer. EnterpriseDB represents and warrants that: (a) Riverbed warrants for a period of thirty (30) days from the date of initial licensing by the End User, the Products shall substantially conform to Customer that the description contained in its Documentation; and (b) the Support and Services will be provided performed in a professional manner and workmanlike manner. The warranty given in Section 7(a) will only apply if: (i) the Products have been properly installed and used at all times in accordance with generally accepted industry standardsthe instructions in their Documentation, and (ii) no modification, alteration or addition has been made to the Products. Any warranties for Products are as set forth in For any breach of the XXXX. Customer’s foregoing warranties, Partner's sole and exclusive remedy, and Riverbed’s EnterpriseDB's sole and exclusive obligation, with respect will be for EnterpriseDB to any failure to provide Support in accordance with either at its option: (A) repair or replace the foregoing warranty is to re-Products or re- perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warrantyServices as warranted; or (B) on original shipment terminate the provision of the affected Products, Support or Services and issue a refund of all sums paid therefor; provided that no remedy is available unless EnterpriseDB receives notice of such breach within thirty (30) from Riverbed unless otherwise designated the date of initial licensing of the Products by Riverbed at the time End User or ten (10) days from the date of Order delivery of the Support or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) Services, as applicable. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION 7, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY ENTERPRISEDB DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, ACCURACYCOURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS PROVIDED IN THIS SECTION 7, SECURITYENTERPRISEDB PROVIDES, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE PARTNER ACCEPTS, THE PRODUCTS, DOCUMENTATION, SUPPORT AND SERVICES “AS IS”, AND ENTERPRISEDB DOES NOT WARRANT THAT THE PRODUCTS, SUPPORT OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE SERVICES WILL MEET CUSTOMERPARTNER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.OR ITS END USER’S REQUIREMENTS OR WILL OPERATE IN

Warranties and Disclaimer. COREMOBILE warrants that for 1 (aone) Riverbed warrants to Customer that year from the Support date of registration of the Software, the Software will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide Support perform substantially in accordance with the foregoing warranty is to re-perform the applicable SupportDocumentation. Customer’s sole The entire liability of COREMOBILE, and your exclusive remedy, shall be COREMOBILE's commercially reasonable efforts to correct or replace any Software which does not meet the warranty. Except for the above warranty, the Software and Riverbed’s sole Documentation are licensed to you "as is", without warranty of any kind and exclusive obligationCOREMOBILE and its licensors disclaim all warranties, with respect to any nonconformityexpress or implied, deficiencyincluding without limitation the warranties of merchantability, warranty fitness for a particular purpose, title, and noninfringement of third-party rights, or defect with respect to any Product is as set forth in that the XXXX. For operation of the Order, Products Software will be new uninterrupted or error-free. The above warranty does not apply if the Software: (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warrantya) on original shipment from Riverbed unless otherwise designated has been modified, except by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). COREMOBILE, (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED has not been installed, operated, repaired, or maintained in accordance with instructions supplied by COREMOBILE, or (c) is licensed for beta, evaluation, testing or demonstration purposes for which COREMOBILE does not receive payment. LIMITATION OF LIABILITY: COREMOBILE and its licensors shall not be liable for any indirect, exemplary, special, consequential, or incidental damages of any kind (including without limitation lost profits, lost revenue or lost data), even if COREMOBILE or such licensor has been advised of the possibility of such damages. IN ANY EVENT YOU AGREE THAT THE TOTAL LIABILITY OF COREMOBILE AND ITS LICENSORS TO YOU FOR ALL DAMAGES, LOSSES AND CLAIMS RELATED TO THIS AGREEMENTAGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE AGGREGATE OF THE AMOUNT PAID BY YOU IN CONNECTION WITH THE SOFTWARE WHICH IS THE SUBJECT OF THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE BRINGING OF THE APPLICABLE CLAIM AGAINST COREMOBILE OR ITS LICENSORS. AUDIT: Upon reasonable prior notice, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCOREMOBILE shall have the right to audit your use of the Software during normal business hours to determine compliance with this Agreement. If the audit reveals use of the Software which is not permitted, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KINDincluding without limitation use with more than the number of permitted tracked units or other parameters or limitations or, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSthen without derogating from COREMOBILE's rights hereunder, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTyou shall pay COREMOBILE in accordance with the results and reimburse COREMOBILE the costs of such audit.

Warranties and Disclaimer. (a) Riverbed warrants 7.1 Each party represents that it has validly entered into these Terms and any resulting agreement and is not subject to Customer any agreements that conflict with the Support will be undertakings provided hereunder. 7.2 We hereby warrant that during the Term: a. we own, or otherwise properly license, the Software, and the Service, and have the full power and authority required to use, publish, transfer, and/or license any and all rights and interests in and to the Software and Service to you; b. we shall provide and perform all Software and Service in a professional and workmanlike manner in accordance with generally accepted prevailing industry standards. Any warranties standard and practices for Products are similar enterprise software as set forth in the XXXX. Customer’s sole and exclusive remedya service; and c. all Software, Service, Company Properties, and Riverbed’s sole and exclusive obligation, any other content provided to you under these Terms shall comply with respect to any failure to provide Support in accordance with the foregoing warranty is to re-perform the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)law. (b) 7.3 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SERVICE, SOFTWARE, AND ALL COMPANY PROPERTIES ARE PROVIDED IN THIS AGREEMENT“AS IS,” AND NEITHER PARTY MAKES AND WE SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE SERVICE, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIEDSOFTWARE, OR STATUTORYCOMPANY PROPERTIES WILL BE ERROR-FREE OR UNINTERRUPTED. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS ARISING FROM ANY ADVICE PROVIDED BY US IN CONNECTION WITH THE SERVICES. IMPLEMENTATION AND ADVISORY SERVICES ARE PROVIDED AT YOUR OWN RISK. FURTHER, INCLUDING WARRANTIES ANY CONFLICTING TERM HEREIN NOTWITHSTANDING, WHERE APPLICABLE, COMPLIMENTARY SERVICES ARE ACCEPTED BY CUSTOMER AS-IS AND CONDITIONS OF MERCHANTABILITYARE NOT SUBJECT TO ANY SERVICE LEVEL AGREEMENT OR PRODUCT PERFORMANCE WARRANTIES. 7.4 You hereby warrant that: a. you own, SATISFACTORY QUALITYor otherwise properly license, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.the Customer Content;

Warranties and Disclaimer. (a) Riverbed warrants to Customer NeuStar represents that the Support Services, as delivered, will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are perform substantially as set forth described in the XXXX. CustomerService Level Agreement in Exhibit A. Your sole and exclusive remedy and NeuStar’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure obligation for a breach of the foregoing warranty will be for NeuStar to provide Support a credit for future Services in accordance with Exhibit A. You represent and warrant that You have all right, title and interest to use any of the foregoing warranty is data You provide to re-NeuStar to perform the applicable SupportServices (“Data”). Customer’s sole You represent and exclusive remedywarrant that You will not use (or allow use of) the Services in a manner that: (a) is prohibited by any law or regulation or NeuStar policy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as including the acceptable use policies set forth in the XXXX. For the OrderSection 10, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT will disrupt third parties’ use or enjoyment of the Services. You understand that NeuStar does not provide web site hosting services. You are entirely responsible for all content or information directly or indirectly delivered to or passed through NeuStar by You or your end users. NeuStar exercises no control over, and accepts no responsibility for such content or information. NeuStar does not adopt nor warrant the accuracy of or the content of any linked Web site. You acknowledge that the Internet consists of multiple participating networks that are separately owned and therefore are not subject to the control of NeuStar. NeuStar does not warrant the Services against malfunction or cessation of Internet services by Internet service providers or of any of the networks that form the Internet which may make the Services temporarily or permanently unavailable. DISCLAIMER. NEITHER NEUSTAR NOR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWRESULTS TO BE OBTAINED FROM USE OF THE SERVICES. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, RIVERBED PROVIDES THE PRODUCTS AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY NEUSTAR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Warranties and Disclaimer. 10.1 Each party represents and warrants that: (ai) Riverbed warrants to Customer that the Support will be provided in this Agreement constitutes a professional manner legal, valid and binding obligation, enforceable against it in accordance with generally accepted industry standardsthe terms of this Agreement, and (ii) its execution and delivery of this Agreement and its performance hereunder will not violate any applicable law, rule or regulation. Any warranties for Products are as Varonis warrants that subscription period set forth in the XXXXapplicable Purchase Confirmation, the Subscription Services will conform in all material respects to the Documentation. CustomerVaronis’ sole liability and Subscriber’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect remedy for any breach of this performance warranty shall be to remedy or replace any failure to provide Support such non-conformance in accordance with the SLA. Varonis further represents and warrants that the Services will be performed by Varonis in a professional and workmanlike manner. The foregoing warranty is to re-perform will not apply if the applicable Support. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in non- conformance was caused by (i) use of the XXXX. For the Order, Products will be new (Subscription Services other than Products that were previously in accordance with the Documentation and this Agreement, including, without limitation, any accident and/or abuse, (ii) the Subscriber’s failure to properly maintain the Subscription Services in accordance with the instructions provided by Varonis, (iii) modifications to the Subscription Services by Subscriber or any third-party, or (iv) third-party hardware, software, or services used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at connection with the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products)Subscription Services, including the Equipment. (b) 10.2 VARONIS DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED OR THAT THEY SHALL‌ MEET THE SUBSCRIBER’S REQUIREMENTS; NOR DOES VARONIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SUBSCRIPTION SERVICES OR THE SERVICES. THE SUBSCRIPTION SERVICES ARE NOT INTENDED TO BE USED AS A STORAGE, BACKUP OR ARCHIVING SERVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES SUBSCRIPTION SERVICES AND THE PRODUCTS AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY VARONIS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY PURPOSE AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENTNON-INFRINGEMENT.

Warranties and Disclaimer. (a) Riverbed warrants to Customer that the Proactive Support Services will be provided in a professional manner in accordance with generally accepted industry standards. Any warranties for Products are as set forth in the XXXX. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide the Proactive Support Services in accordance with the foregoing warranty is to re-perform the applicable SupportProactive Support Services. Customer’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to any Product is as set forth in the XXXX. For the Order, Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of Order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED PROVIDES THE MAKES NO OTHER WARRANTIES WITH RESPECT TO ANY PRODUCTS OR ANY SERVICES AND SUPPORT “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY PRODUCT SERVICE OR SERVICE DELIVERABLE WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.