Common use of Warranties and Remedies Clause in Contracts

Warranties and Remedies. 2.3.1. MIT warrants that the Products will be free of defects in materials and workmanship on the date of shipment by MIT. MIT's warranty obligations is limited, at MIT's option, to repair and replacement of defective parts and materials or refund of the purchase price. If MIT finds that a Product is defective, it will reimburse Purchaser or Purchaser's customer for the cost of shipping the Product to MIT. Except for the foregoing, MIT shall have no liability whatsoever for any warranty, whether express or implied, made by Purchaser to any of its customers 2.3.2. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 2.3. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.3.3. MIT's liability for damages and costs under this Agreement and for the sale of any Products shall not under any circumstances exceed the aggregate amounts paid to MIT for the Product. MIT shall not be liable to Purchaser or any other person for any incidental, consequential or punitive damages or for any compensation for lost profits arising out of or in connection with this Agreement or the sale of Products. If Purchaser's use or sale of any Product or any part hereof be enjoined, or in the event that MIT desires to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, or (c) obtain for Purchaser the right to continue using such item.

Warranties and Remedies. 2.3.1All Products, and the components and materials utilized in any assembled or customized Products, are covered by, and subject to, the terms, conditions, and limitations of the manufacturer's standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by Ahead or the applicable Product manufacturer. MIT Ahead represents, warrants and covenants that (i) Ahead shall perform all Services, if any, in material accordance with the Products will be free specifications set forth in the Price Quote and (ii) the functions and features of defects the Services and related deliverables shall operate in materials and workmanship on the date of shipment by MITmanner described in the applicable Price Quote for thirty (30) days from the completion thereof. MIT's warranty obligations Customer’s exclusive remedy, if any, under these warranties is limited, at MIT's optionAhead’s election, to any one of (a) refund of Customer’s purchase price, (b) repair and by Ahead or the manufacturer of any Products found to be defective, or (c) replacement of defective parts and materials any such Product. Notwithstanding anything contained herein to the contrary, to the extent a manufacturer requires Products to be installed by Ahead or refund of the purchase price. If MIT finds that such manufacturer in order for a Product is defectivewarranty to be valid, it will reimburse Purchaser or Purchaser's customer for the cost of shipping neither Ahead nor the Product to MIT. Except for the foregoing, MIT manufacturer shall have no liability whatsoever provide a warranty for any warrantyProducts which are not installed, whether express as applicable, by Ahead or implied, made by Purchaser to any of its customers 2.3.2the Product manufacturer. EXCEPT FOR THE EXPRESS WARRANTY AS SET FORTH IN THIS SECTION 2.3HEREIN, AHEAD MAKES NO OTHER WARRANTIES, WRITTEN OR ORAL. THERE ARE NO WARRANTIES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTSIMPLIED, ARE HEREBY SPECIFICALLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. 2.3.3, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. MIT's Customer acknowledges that it does not rely on, and waives any claim for breach of, any representations and warranties which are not confirmed in writing by Ahead. Ahead shall, after Products are tendered to Customer, have no liability for damages and costs under this Agreement and for the sale in respect of any changes in quality of the Products shall not under any circumstances exceed arising from storage or transportation of the aggregate amounts paid to MIT for Products or from willful damages, negligence, abnormal working conditions, misuse or alteration of the Product. MIT shall not be liable to Purchaser or any other person for any incidental, consequential or punitive damages or for any compensation for lost profits arising out of or in connection with this Agreement or the sale of Products. If Purchaser's use or sale of any Product or any part hereof be enjoined, or in the event that MIT desires to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, or (c) obtain for Purchaser the right to continue using such item.

Warranties and Remedies. 2.3.117.1 Each party represents that it has validly entered into this Agreement with full power and authority. 17.2 Xxxx warrants to the Customer that during the Subscription Term (i) the Customer’s production instance shall conform in all material respects with the Documentation, and (ii) Xxxx shall perform any Professional Services in a competent and workmanlike manner consistent with industry standards (the foregoing clauses (i) and (ii), collectively, the “Xxxx Warranty”). MIT warrants In the event the Services are not performed as warranted, Customer must notify Xxxx in writing of the issue with the Services within thirty (30) days providing a description of the deficiency. 17.3 XXXX DOES NOT WARRANT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR WITHOUT INTERRUPTION, THAT THE SERVICES WILL MEET THE CUSTOMERS EXPECTATIONS OR REQUIREMENTS OR THAT XXXX WILL CORRECT ALL ERRORS. XXXX SHALL NOT BE RESPONSIBLE FOR DEFICIENCIES OR ISSUES RELATED TO THE OPERATION, PERFORMANCE, OR SECURITY OF THE SERVICES ARISING FROM SERVICES PROVIDED BY THIRD PARTIES OR FROM THE CUSTOMER DATA. 17.4 In the event of a breach of the Xxxx Warranty, customer’s exclusive remedy and Xxxx’s entire liability shall be at Cora’s option either (i) correction of the deficiency that caused the Products will be free breach of defects warranty, or (ii) if this is not commercially practicable in materials Cora’s opinion, either party may end the deficient services, in which case Xxxx shall provide a refund of prepaid and workmanship on unused fees for the period following the date of shipment by MIT. MIT's warranty obligations is limited, at MIT's option, to repair and replacement of defective parts and materials or refund of the purchase price. If MIT finds that a Product is defective, it will reimburse Purchaser or Purchaser's customer for the cost of shipping the Product to MIT. termination. 17.5 Except for the foregoingexpress warranties provided in this clause 17, MIT shall have no liability whatsoever for any warrantyto the extent permitted by law, Xxxx expressly disclaims all other warranties, whether express or implied, made by Purchaser to any of its customers 2.3.2. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 2.3. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTSincluding (without limitation) for software, INCLUDINGnetworks or environments, BUT NOT LIMITED TOsystems, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.3.3. MIT's liability fitness for damages and costs under this Agreement and for a particular purpose, satisfactory quality, that the sale of any Products shall not under any circumstances exceed SaaS will meet specific requirements, merchantability, that the aggregate amounts paid to MIT for the Product. MIT shall not services will be liable to Purchaser or any other person for any incidentaluninterrupted, consequential or punitive damages or for any compensation for lost profits arising out of or in connection with this Agreement or the sale of Products. If Purchaser's use or sale of any Product or any part hereof be enjoinedfree from software errors, completely secure, or that defects and deficiencies in the event that MIT desires to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, SaaS or (c) obtain for Purchaser the right to continue using such itemservices will be corrected.

Warranties and Remedies. 2.3.1. MIT a) Sartorius warrants that the Products Services shall be conducted in a good and workmanlike manner in conformity with industry standards, and any parts supplied as part of the Services shall be in accordance with Sartorius’ Specifications. Should the Customer request more extensive tests, this shall be agreed in writing and the costs for said extensive tests shall be borne by the Customer. b) If any failure to conform to the warranty is reported to Xxxxxxxxx in writing within the Services Warranty Period, Sartorius, upon being satisfied of the existence of such non-conformity, will correct the same by re- performing the Services. If Xxxxxxxxx is unable to correct such non-conformity by re-performing the Services, Xxxxxxxxx may return the Price thereof, or, where appropriate, the portion of the Price of the non- conforming Services that Sartorius is unable to correct. The foregoing shall be free Customer's sole and exclusive remedies, and the liability of defects Xxxxxxxxx hereunder is expressly limited to re-performance of nonconforming Services or the return of the Price thereof, as the case may be. The warranty set forth in materials and workmanship on the date of shipment by MIT. MIT's warranty obligations is limited, at MIT's option, this paragraph shall apply also to repair and replacement of defective parts and materials or refund to any replacement parts. c) This warranty shall be in lieu of the purchase price. If MIT finds that a Product is defectiveall other warranties, it will reimburse Purchaser or Purchaser's customer for the cost of shipping the Product to MIT. Except for the foregoing, MIT shall have no liability whatsoever for any warranty, whether express or implied, made by Purchaser to any and all other warranties, express of its customers 2.3.2. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 2.3. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTSimplied, INCLUDINGincluding without limitation the warranties of merchantability and fitness for a particular purpose, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEare excluded. 2.3.3. MIT's d) This warranty shall also exclude used goods, used spare parts, damage incurred as a consequence of natural wear and tear, inadequate maintenance by anyone other than Sartorius, failure to follow equipment operating instructions, excessive or unsuitable use and improper construction and/or assembly work performed by third parties, and any other external effects and causes over which Sartorius had no control or for which Xxxxxxxxx was not responsible. e) Sartorius shall be under no liability for damages under the above warranty if Customer or a third party makes changes or repairs to the Object to Be Serviced hereunder and costs under this Agreement and for / or the sale of any Products shall not under any circumstances exceed damage was caused by or attributed to the aggregate amounts paid improper use, negligence, accident or unauthorized service on the Object to MIT for the Product. MIT shall not be liable to Purchaser Be Serviced by either Customer or any other person for third party (with any incidental, consequential or punitive damages or for any compensation for lost profits arising out of or authorization to be provided by Sartorius in connection with this Agreement or the sale of Products. If Purchaser's use or sale of any Product or any part hereof be enjoined, or in the event that MIT desires writing to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, or (c) obtain for Purchaser the right to continue using such itemcustomer).

Warranties and Remedies. 2.3.117.1 Each party represents that it has validly entered into this Agreement with full power and authority. 17.2 Xxxx warrants to the Customer that during the Subscription Term (i) the Customer’s production instance shall conform in all material respects with the Documentation, and (ii) Xxxx shall perform any Professional Services in a competent and workmanlike manner consistent with industry standards (the foregoing clauses (i) and (ii), collectively, the “Xxxx Warranty”). MIT warrants In the event the Services are not performed as warranted, Customer must notify Xxxx in writing of the issue with the Services within thirty (30) days providing a description of the deficiency. 17.3 XXXX DOES NOT WARRANT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR WITHOUT INTERRUPTION, THAT THE SERVICES WILL MEET THE CUSTOMERS EXPECTATIONS OR REQUIREMENTS OR THAT XXXX WILL CORRECT ALL ERRORS. XXXX SHALL NOT BE RESPONSIBLE FOR DEFICIENCIES OR ISSUES RELATED TO THE OPERATION, PERFORMANCE, OR SECURITY OF THE SERVICES ARISING FROM SERVICES PROVIDED BY THIRD PARTIES OR FROM THE CUSTOMER DATA. 17.4 In the event of a breach of the Xxxx Warranty, customer’s exclusive remedy and Cora’s entire liability shall be at Cora’s option either (i) correction of the deficiency that caused the Products will be free breach of defects warranty, or (ii) if this is not commercially practicable in materials Cora’s opinion, either party may end the deficient services, in which case Xxxx shall provide a refund of prepaid and workmanship on unused fees for the period following the date of shipment by MIT. MIT's warranty obligations is limited, at MIT's option, to repair and replacement of defective parts and materials or refund of the purchase price. If MIT finds that a Product is defective, it will reimburse Purchaser or Purchaser's customer for the cost of shipping the Product to MIT. termination. 17.5 Except for the foregoingexpress warranties provided in this clause 17, MIT shall have no liability whatsoever for any warrantyto the extent permitted by law, Xxxx expressly disclaims all other warranties, whether express or implied, made by Purchaser to any of its customers 2.3.2. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 2.3. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTSincluding (without limitation) for software, INCLUDINGnetworks or environments, BUT NOT LIMITED TOsystems, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.3.3. MIT's liability fitness for damages and costs under this Agreement and for a particular purpose, satisfactory quality, that the sale of any Products shall not under any circumstances exceed SaaS will meet specific requirements, merchantability, that the aggregate amounts paid to MIT for the Product. MIT shall not services will be liable to Purchaser or any other person for any incidentaluninterrupted, consequential or punitive damages or for any compensation for lost profits arising out of or in connection with this Agreement or the sale of Products. If Purchaser's use or sale of any Product or any part hereof be enjoinedfree from software errors, completely secure, or that defects and deficiencies in the event that MIT desires to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, SaaS or (c) obtain for Purchaser the right to continue using such itemservices will be corrected.

Warranties and Remedies. 2.3.1. MIT warrants that the Products will be free of defects in materials and workmanship on the date of shipment by MIT. MIT's warranty obligations is limitedBUYER ACKNOWLEDGES THAT COMPANY IS NOT A MANUFACTURER OF THE EQUIPMENT AND THAT COMPANY HAS MADE NO REPRESENTATIONS OF ANY NATURE WHATSOEVER PERTAINING TO THE EQUIPMENT OR ITS PERFORMANCE, at MIT's option, to repair and replacement of defective parts and materials or refund of the purchase price. If MIT finds that a Product is defective, it will reimburse Purchaser or Purchaser's customer for the cost of shipping the Product to MIT. Except for the foregoing, MIT shall have no liability whatsoever for any warranty, whether express or implied, made by Purchaser to any of its customers 2.3.2. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 2.3. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTSIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES RELATING TO THE DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OF THE EQUIPMENT OR ITS PERFORMANCE, OR ANY WARRANTY OR AUTHORITY WITH RESPECT TO PATENT RIGHTS IF ANY, PERTAINING TO THE EQUIPMENT. COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES, OR DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM THE DELIVERY, INSTALLATION, MAINTENANCE, OPERATIONS, SERVICE OR USE OF ANY EQUIPMENT OR OTHERWISE. Company warrants that (i) it is the lawful owner of the Equipment, (ii) that it has not caused any lawful liens or encumbrances to be placed upon the Equipment, and (iii) that Company has the right to sell the Equipment. USED EQUIPMENT IS SOLD "AS IS" AND "WHERE IS. 2.3.3" NEW AND REMANUFACTURED EQUIPMENT IS SOLD "AS IS." For new Equipment, Company will pass through any manufactures' limited warranties, but such limited warranties are not otherwise transferable or assignable without the written approval of the manufacturer. MITIf Company installs the Equipment, then in addition to any remedies provided under the manufacturer's liability for damages and costs under warranties that may be available to Customer, Company will repair or replace any Equipment that malfunctions due to a defect in manufacturing or installation that occurs within 30 days from the date of installation of the Equipment by Company in accordance with Company's standard service policy, provided the Equipment is being used to dispense products of Company. Any use, abuse, alteration or neglect of the Equipment in violation of the operating instructions or the provisions of this Agreement will render this limited warranty null and for void. This limited warranty will not apply to any accidental damage to the sale of any Products shall not under any circumstances exceed the aggregate amounts paid to MIT for the ProductEquipment. MIT shall not be liable to Purchaser IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DAMAGES RESULTING FROM THE BREACH OF SUCH LIMITED WARRANTY. COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES, OR DAMAGES OF ANY NATURE WHATSOEVER, REGARDLESS OF CAUSE. After inspection by Company or any other person for any incidentalits authorized repair agent, consequential or punitive damages or for any compensation for lost profits arising out of or in connection with this Agreement or the sale of Products. If Purchaser's use or sale of any Product or any part hereof be enjoined, or in the event that MIT desires to minimize any liability it may have hereunder, MIT may, Company at its option, either option will (ai) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so repair a component that it no longer infringes but remains equivalentis found to be defective, or (cii) obtain for Purchaser replace the right to continue using such itemcomponent with a new or rebuilt component. Claims must be handled promptly by Customer. CLAIMS WILL BE DEEMED WAIVED UNLESS WRITTEN NOTICE OF SUCH CLAIM IS GIVEN TO COMPANY WITHIN 60 DAYS AFTER THE DATE ON WHICH THE CLAIMED DEFECT IS DISCOVERED. IN NO EVENT WILL ANY CLAIM OF ANY KIND BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE GOODS IN RESPECT TO WHICH SUCH DAMAGES ARE CLAIMED.

Warranties and Remedies. 2.3.1. MIT warrants A. Subscriber understands that the Products Internet is not owned, operated, managed by or in any way affiliated with Oasis Broadband and that all content, services, information and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with Oasis Broadband or its affiliates. Use of the Internet by Subscriber, Subscriber’s subscribers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable Laws. Oasis Broadband does not warrant that the Data Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Data Services, is free of defects viruses, disabling code, worms, or any other harmful components. B. Without limiting anything contained herein, Subscriber further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Subscriber’s access to such materials are at Subscriber’s own risk. Oasis Broadband has no control over and accepts no responsibility of any kind for such materials. C. If Subscriber is dissatisfied with the Service provided under this Agreement, Subscriber shall have the right to terminate this Agreement, in materials and workmanship on the date of shipment by MIT. MIT's warranty obligations is limitedwhole but not in part, at MIT's optionin writing, to repair and replacement of defective parts and materials or refund no later than thirty (30) days after installation of the purchase price. If MIT finds that a Product is defective, it will reimburse Purchaser or Purchaser's customer Services and shall not be liable for the cost of shipping the Product to MITearly termination fee provided for in Section 8 but shall remain liable for all other terms and conditions herein. D. EXCEPT AS PROVIDED IN C ABOVE, DATA SERVICES ARE PROVIDED ON AN “AS- IS” BASIS WITHOUT WARRANTIES OF ANY KIND. Except for the foregoingOasis Broadband DISCLAIMS ALL WARRANTIES, MIT shall have no liability whatsoever for any warrantyORAL OR WRITTEN, whether express or impliedEXPRESS, made by Purchaser to any of its customersIMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NON- INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH REGARD TO THE DATA SERVICES, ANY MERCHANDISE, INFORMATION OF SERVICE PROVIDED THROUGH THE INTERNET OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET. 2.3.2. EXCEPT FOR E. WITH THE EXPRESS WARRANTY EXCEPTION OF THE REMEDIES SET FORTH IN SECTIONS 8.C AND 11.B OF THIS SECTION 2.3. THERE ARE AGREEMENT, IN NO WARRANTIES EXPRESS EVENT SHALL Oasis Broadband, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR IMPLIED WITH RESPECT TO THE PRODUCTSASSIGNS BE LIABLE FOR ANY REMEDIES OR DAMAGES, INCLUDING, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY IMPLIED WARRANTY WAY FROM SUBSCRIBER’S OR ITS AUTHORIZED USERS’ RELIANCE ON OR USE OF MERCHANTABILITY CONTENT, INFORMATION, SERVICES OR FITNESS FOR A PARTICULAR PURPOSEMERCHANDISE PROVIDED ON OR THROUGH THE DATA SERVICES, OR THAT RESULT FROM OR ARE RELATED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF ANY KIND, EVEN IF Oasis Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.3.3. MIT's liability for damages and costs under this Agreement and for the sale of any Products shall not under any circumstances exceed the aggregate amounts paid to MIT for the Product. MIT shall not be liable to Purchaser or any other person for any incidental, consequential or punitive damages or for any compensation for lost profits F. Any legal action arising out of or in connection with this Agreement shall be brought by Subscriber within a period of one (1) year of the occurrence giving rise to such action or the sale of Products. If Purchaser's use or sale of any Product or any part hereof shall be enjoined, or in the event that MIT desires to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, or (c) obtain for Purchaser the right to continue using such itemdeemed waived.

Warranties and Remedies. 2.3.1. MIT warrants A. Subscriber understands that the Products Internet is not owned, operated, managed by or in any way affiliated with Oasis Broadband and that all content, services, information and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with Oasis Broadband or its affiliates. Use of the Internet by Subscriber, Subscriber’s subscribers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable Laws. Oasis Broadband does not warrant that the Data Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Data Services, is free of defects viruses, disabling code, worms, or any other harmful components. B. Without limiting anything contained herein, Subscriber further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Subscriber’s access to such materials are at Subscriber’s own risk. Oasis Broadband has no control over and accepts no responsibility of any kind for such materials. C. If Subscriber is dissatisfied with the Service provided under this Agreement, Subscriber shall have the right to terminate this Agreement, in materials and workmanship on the date of shipment by MIT. MIT's warranty obligations is limitedwhole but not in part, at MIT's optionin writing, to repair and replacement of defective parts and materials or refund no later than thirty (30) days after installation of the purchase price. If MIT finds that a Product is defective, it will reimburse Purchaser or Purchaser's customer Services and shall not be liable for the cost of shipping the Product to MITearly termination fee provided for in Section 8 but shall remain liable for all other terms and conditions herein. D. EXCEPT AS PROVIDED IN C ABOVE, DATA SERVICES ARE PROVIDED ON AN “ASIS” BASIS WITHOUT WARRANTIES OF ANY KIND. Except for the foregoingOasis Broadband DISCLAIMS ALL WARRANTIES, MIT shall have no liability whatsoever for any warrantyORAL OR WRITTEN, whether express or impliedEXPRESS, made by Purchaser to any of its customersIMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH REGARD TO THE DATA SERVICES, ANY MERCHANDISE, INFORMATION OF SERVICE PROVIDED THROUGH THE INTERNET OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET. 2.3.2. EXCEPT FOR E. WITH THE EXPRESS WARRANTY EXCEPTION OF THE REMEDIES SET FORTH IN SECTIONS 8.C AND 11.B OF THIS SECTION 2.3. THERE ARE AGREEMENT, IN NO WARRANTIES EXPRESS EVENT SHALL Oasis Broadband, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR IMPLIED WITH RESPECT TO THE PRODUCTSASSIGNS BE LIABLE FOR ANY REMEDIES OR DAMAGES, INCLUDING, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY IMPLIED WARRANTY WAY FROM SUBSCRIBER’S OR ITS AUTHORIZED USERS’ RELIANCE ON OR USE OF MERCHANTABILITY CONTENT, INFORMATION, SERVICES OR FITNESS FOR A PARTICULAR PURPOSEMERCHANDISE PROVIDED ON OR THROUGH THE DATA SERVICES, OR THAT RESULT FROM OR ARE RELATED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF ANY KIND, EVEN IF Oasis Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.3.3. MIT's liability for damages and costs under this Agreement and for the sale of any Products shall not under any circumstances exceed the aggregate amounts paid to MIT for the Product. MIT shall not be liable to Purchaser or any other person for any incidental, consequential or punitive damages or for any compensation for lost profits F. Any legal action arising out of or in connection with this Agreement shall be brought by Subscriber within a period of one (1) year of the occurrence giving rise to such action or the sale of Products. If Purchaser's use or sale of any Product or any part hereof shall be enjoined, or in the event that MIT desires to minimize any liability it may have hereunder, MIT may, at its option, either (a) substitute equivalent non-infringing Products for the infringing item, (b) modify the infringing item so that it no longer infringes but remains equivalent, or (c) obtain for Purchaser the right to continue using such itemdeemed waived.