Common use of WARRANTY AND DISCLAIMER OF OTHER WARRANTIES Clause in Contracts

WARRANTY AND DISCLAIMER OF OTHER WARRANTIES. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE OR DOCUMENTATION, PROVIDED, HOWEVER THAT WE DO WARRANT THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY DAYS FROM YOUR RECEIPT THEREOF. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE SOFTWARE AS INSTALLED ON ANY PARTICULAR COMPUTER, COMPUTER NETWORK OR DEVICE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION)IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE SOFTWARE, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT TO US IN EXCHANGE FOR A CREDIT TO YOUR Global Electronics, Ltd. ACCOUNT OF THE PURCHASE PRICE, LESS SHIPPING, HANDLING, UNPAID SUPPORT CHARGES AND A 15% RESTOCKING FEE. NO CASH REFUNDS SHALL BE MADE UNDER ANY CIRCUMSTANCE. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE LICENSE FEE PAID TO GLOBAL FOR THE SOFTWARE AND DOCUMENTATION. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR DOCUMENTATION, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE OR DOCUMENTATION OR ARISING OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF GLOBAL

WARRANTY AND DISCLAIMER OF OTHER WARRANTIES. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE OR DOCUMENTATION, PROVIDED, HOWEVER THAT WE DO WARRANT THAT THE SOFTWARE CURRENT VERSION OF THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY ONE HUNDRED EIGHTY (180) DAYS FROM YOUR RECEIPT THEREOF. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE PRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE SOFTWARE PRODUCT AS INSTALLED ON ANY PARTICULAR COMPUTER, COMPUTER NETWORK OR NETWORK FILE SERVER OR DEVICE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING (INCLUDING, WITHOUT LIMITATION)IMPLIED LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE SOFTWAREPRODUCT, YOUR SOLE REMEDY IS TO RETURN INFORM US WITHIN ONE HUNDRED EIGHTY (180) DAYS OF PURCHASE THAT YOU WILL CEASE USING THE PRODUCT TO US IN EXCHANGE FOR A CREDIT TO YOUR Global Electronics, Ltd. ACCOUNT REFUND OF THE SOFTWARE AND SUPPORT SUBSCRIPTION PURCHASE PRICE, LESS SHIPPING, HANDLING, UNPAID SUPPORT CHARGES AND A 15% RESTOCKING FEE. NO CASH REFUNDS SHALL BE MADE UNDER ANY CIRCUMSTANCEPRICE PAID. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE INITIAL LICENSE FEE YOU PAID TO GLOBAL FOR THE SOFTWARE AND DOCUMENTATIONPRODUCT. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR DOCUMENTATIONPRODUCT, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM OR RELATING TO THE USE OF THE SOFTWARE OR DOCUMENTATION PRODUCT OR ARISING OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF GLOBALDBA SOFTWARE, INC. (Please Note: Some jurisdictions may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)

WARRANTY AND DISCLAIMER OF OTHER WARRANTIES. WE WARRANT THAT THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF THIRTY (30) DAYS FROM YOUR RECEIPT THEREOF. NOTWITHSTANDING THE ABOVE, WE WARRANT THAT THE SOFTWARE MEDIA IS FREE FROM DEFECTS IN MANUFACTURE. WE WILL REPLACE ANY DEFECTIVE MEDIA AT NO CHARGE SUBJECT TO NOTIFICATION OF THE SAID DEFECT WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACQUIRED THE PRODUCT. EXCEPT AS SPECIFICALLY STATED, THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE OR DOCUMENTATION, PROVIDED, HOWEVER THAT WE DO WARRANT THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY DAYS FROM YOUR RECEIPT THEREOFPRODUCT. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE OF THE SOFTWARE PRODUCT AS INSTALLED ON IN ANY PARTICULAR DEVICE, COMPUTER, COMPUTER NETWORK OR DEVICE NETWORK FILE SERVER OR WITH OTHER HARDWARE OR SOFTWARE THEREIN. WE ALSO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING (INCLUDING, WITHOUT LIMITATION)IMPLIED LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE SOFTWAREPRODUCT, YOU MAY AS YOUR SOLE REMEDY IS TO RETURN THE PRODUCT TO US IN EXCHANGE FOR A CREDIT TO YOUR Global Electronics, Ltd. ACCOUNT WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACQUIRED THE PRODUCT SPECIFYING THE REASON FOR YOUR RETURN. AT OUR DISCRETION, WE RESERVE THE RIGHT TO EITHER EXCHANGE THE PRODUCT OR REFUND THE PURCHASE PRICEPRICE LICENSE FEE, LESS SHIPPING, HANDLING, UNPAID SUPPORT HANDLING AND RESTOCKING CHARGES AND A 15% RESTOCKING FEE. NO CASH REFUNDS SHALL BE MADE UNDER ANY CIRCUMSTANCEUNPAID CHARGES FOR SUPPORT SERVICES. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE LICENSE FEE YOU PAID TO GLOBAL FOR THE SOFTWARE AND DOCUMENTATIONPRODUCT. IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, INSTALLATION, TRAINING OR DELIVERY SUPPORT OF THE SOFTWARE OR DOCUMENTATIONPRODUCT, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM OR RELATED TO THE USE OF THE SOFTWARE OR DOCUMENTATION PRODUCT OR ARISING OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF GLOBALDEVELOPMENT-X LIMITED. (Please Note: Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above exclusion and limitation may not apply to you.)

WARRANTY AND DISCLAIMER OF OTHER WARRANTIES. THERE SELLER WARRANTS TO BUYER THAT PRODUCTS OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND THAT SUCH PRODUCTS ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER THE SOFTWARE OR DOCUMENTATION, PROVIDED, HOWEVER THAT WE DO WARRANT THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION INTENDED USE AND SERVICE FOR A PERIOD OF NINETY DAYS FROM YOUR RECEIPT THEREOF. WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO PERFORMANCE ENDING ON THE EXPIRATION DATE SET FORTH ON THE LABELING OF THE SOFTWARE SUBJECT GOODS. WITH RESPECT TO QUANTITIES, DIMENSIONS, AND WEIGHTS, THE PRODUCTS ARE NOT DEFECTIVE IF THE PRODUCTS ARE WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE OF THE PRODUCTS, OR DEFECTS CAUSED BY NEGLECT, ACCIDENT OR ORDINARY WEAR AND TEAR. THIS WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE OR MORE OCCASIONS DURING THIS PERIOD. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT WITH RESPECT TO LATENT DEFECTS, PRODUCTS ARE DEEMED TO SATISFY THE TERMS OF THE WARRANTY AND TO BE FREE FROM DEFECTS AS INSTALLED ON SOON THE PRODUCTS ARE USED OR PLACED IN STORAGE. THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, IN ITS SOLE DISCRETION, AND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, INSTEAD ELECTS TO REFUND THE INVOICE VALUE OF THE PRODUCTS. WHETHER THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO SELLER. IN NO EVENT SHALL ANY PARTICULAR COMPUTERLIABILITY OF SELLER EXCEED THE PURCHASE PRICE OF THE PRODUCTS, COMPUTER NETWORK AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR DEVICE THEREINA THIRD PARTY FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. WE ALSO EXPRESSLY DISCLAIM WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE USE OF ANY PRODUCT OR PRODUCTS IN ANY MANNER CONTRARY TO SELLER’S INSTRUCTIONS. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION)IMPLIED LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF THE SOFTWARENO REPRESENTATIVE, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT TO US IN EXCHANGE FOR A CREDIT TO YOUR Global Electronics, Ltd. ACCOUNT OF THE PURCHASE PRICE, LESS SHIPPING, HANDLING, UNPAID SUPPORT CHARGES AND A 15% RESTOCKING FEE. NO CASH REFUNDS SHALL BE MADE UNDER ANY CIRCUMSTANCE. OUR LIABILITY TO YOU OR ANYONE ELSE FOR DAMAGES SHALL NOT EXCEED THE LICENSE FEE PAID TO GLOBAL FOR THE SOFTWARE AND DOCUMENTATION. IN NO EVENT SHALL WEAGENT, OR ANYONE ELSE WHO OTHER CONSTITUENT OF SELLER HAS BEEN INVOLVED IN THE CREATIONAUTHORITY TO MODIFY, PRODUCTIONEXPAND, OR DELIVERY OF THE SOFTWARE OR DOCUMENTATION, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE OR DOCUMENTATION OR ARISING OUT OF ANY BREACH OF ANY EXTEND THIS WARRANTY, EVEN IF CAUSED BY TO WAIVE THE NEGLIGENCE OF GLOBALLIMITATIONS OR EXCLUSIONS HEREIN, OR TO MAKE ANY DIFFERENT OR ADDITIONAL WARRANTIES WITH RESPECT TO THE PRODUCTS.