Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCompany warrants that the Products, THE MANUAL IS PROVIDED ON AN "AS IS" BASISwhen shipped, WITHOUT WARRANTY OF ANY KINDcontain the ingredients in the amounts specified on the labels thereof, AND NIKONsubject to any standard deviations or overages permitted by good manufacturing practices. COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE PRODUCTS, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, THEIR FITNESS FOR A PARTICULAR PURPOSE ANY PURPOSE, THEIR QUALITY, OR NON- INFRINGEMENTTHEIR MERCHANTABILITY. TO THE MAXIMUM GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL LEGALLY PERMITTED. IN NO EVENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL COMPANY BE LIABLE TO YOU CUSTOMER OR ANY OTHER ENTITY OR PERSON FOR ANY LOST PROFITS OR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKONWHETHER FOR BREACH OF CONTRACT, ITS EMPLOYEESTORT, DISTRIBUTORSSTRICT LIABILITY, DEALERS BREACH OF WARRANTY, NEGLIGENCE, OR AGENTS HAVE OTHERWISE, AND WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, LOSSESIN NO EVENT SHALL COMPANY BE LIABLE FOR THE COST OF PROCUREMENT FROM THIRD PARTIES OF ANY SUBSTITUTE GOODS. TO THE GREATEST EXTENT LEGALLY PERMITTED, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE THE CUMULATIVE LIABILITY OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERCOMPANY FOR ANY AND ALL CLAIMS OR DAMAGES ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR ANY DISTRIBUTOR AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE TOTAL CASH AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY. Customer agrees to store or arrange for storage of the Products in suitable conditions, including but not limited to those special storage conditions indicated on the labels, which may require storage in a cool, dry place or refrigerated. In no event will Company accept returns or issue credits for Products deemed to have been stored in unsuitable conditions, whether damage or degradation is caused by excessive heat, humidity, light or other problem.

Warranty and Disclaimer. To the maximum extent permitted by applicable law, the following provisions apply: WITHOUT PREJUDICE TO ANY OTHER LIMITATION OF LIABILITY SPECIFIED HEREINAFTER, JEPPESEN SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, USE OF THE MANUAL DATA OR OTHER THINGS PROVIDED HEREUNDER FOR ANY BUSINESS ACTIVITY OF ANY NATURE WHATSOEVER. THE DATA IS PROVIDED ON AN "“AS IS" BASIS, ” WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND NIKONTHAT IT MAY NOT BE DESIGNED FOR, ITS EMPLOYEESADEQUATE TO, DISTRIBUTORSOR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER NOR THAT IT CONFORMS WITH SPECIFIC SAFETY REQUIREMENTS OR GOVERNMENTAL STANDARDS OR REGULATIONS IN YOUR COUNTRY. JEPPESEN MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTY, AND DISCLAIMS ANY LIABILITY FOR THE DATA, THE ACCURACY OF THE DATA SOURCE MATERIAL, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY OR CONFORMANCE WITH ANY GOVERNMENT STANDARDS OR REGULATIONS OF SUCH DATA, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE. THE LIMITED WARRANTIES AND OTHER OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND YOUR REMEDIES SET FORTH IN THIS AGREEMENT, ARE EXCLUSIVE AND IN SUBSTITUTION FOR ANY OTHER RIGHTS, CLAIMS AND REMEDIES YOU WOULD OTHERWISE HAVE AGAINST JEPPESEN WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWDATA, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, THE MATERIALS AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERSERVICES PROVIDED HEREUNDER.

Warranty and Disclaimer. a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALAPPLICATION, OR THAT THE MANUAL APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUALAPPLICATION, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL APPLICATION IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. b) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL NIKON NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE APPLICATION LICENSED OR FURNISHED BY NIKON OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT. c) Nikon hereby reserves the right to modify, adapt, translate or improve the APPLICATION at any time.

Warranty and Disclaimer. TO Company warrants that the services will be performed in all material respects in accordance with the services policies referenced in the applicable SOW or Order Form. COMPANY DOES NOT GUARANTEE THAT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS SERVICES WILL BE ERROR-FREE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALUNINTERUPTED, OR THAT COMPANY WILL CORRECT ALL SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT COMPANY DOES NOT CONTROL THE MANUAL TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SOFTWARE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SOFTWARE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE OPERATION SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREESOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR FREE OF VIRUSESON ANY WEBSITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER LOSS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PROFITSMERCHANTABILITY, BUSINESS INTERRUPTIONNON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES. TO THE EXTENT THEY ARE HELD TO BE INVALID, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT APPLICABLE DISCALIMER SHALL NOT APPLY AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.ALL OTHER TERMS AND SHALL REMAIN IN FORCE

Warranty and Disclaimer. a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALSOFTWARE, OR THAT THE MANUAL SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUALSOFTWARE, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. b) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL NIKON NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE LICENSED OR FURNISHED BY NIKON OR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT. c) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWHCA LICENSED MATERIALS, THE MANUAL IS AND ANY OTHER DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED ON AN "BY LICENSOR ARE PROVIDED “AS IS" BASIS, WITHOUT WARRANTY ” AND “WITH ALL FAULTS,” AND LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDKIND OR NATURE, AND NIKONWHETHER EXPRESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, SUITABLIITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON- INFRINGEMENTTHE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. TO NO WARRANTY IS MADE BY LICENSOR ON THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWBASIS OF TRADE USAGE, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO COURSE OF DEALING OR COURSE OF TRADE. LICENSOR DOES NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL HCA LICENSED MATERIALS OR ANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL THEREOF WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSESTHAT ALL ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED LICENSEE ACKNOWLEDGES THAT LICENSOR’S OBLIGATIONS UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERARE FOR LICENSEE’S BENEFIT ONLY. Licensor makes no warranty associated with the use of the HCA Licensed Materials to change any clinical outcome.

Warranty and Disclaimer. EDIFECS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE SOFTWARE. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASISEDIFECS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, WITHOUT WARRANTY OF ANY KIND, OBLIGATIONS AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER LIABILITIES (WHETHER EXPRESS OR IMPLIED, INCLUDINGOR ARISING BY LAW OR OTHERWISE) WITH RESPECT TO ANY BUG, BUT NOT LIMITED TOERROR, ANY OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN THE SOFTWARE, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, (B) IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR NON- USAGE OF TRADE, (C) CLAIMS OF INFRINGEMENT; OR (D) STATUTORY REMEDIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO EDIFECS DOES NOT WARRANT THAT: (I) THE PERFORMANCE OF OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS; (II) THE RESULTS YOU MAY OBTAIN SOFTWARE IS FREE FROM THE MANUALALL BUGS, ERRORS, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OMISSIONS; OR THAT THE (III) OPERATION OF THE MANUAL SOFTWARE WILL BE UNINTERRUPTED, ERROR-UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES. THE ABOVE WARRANTY AND DISCLAIMER EXTENDS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWAMA’S EDITORIAL CONTENT AND ANY ORACLE SOFTWARE PROGRAMS OR COMPONENTS (“ORACLE PRODUCTS”), NEITHER NIKONWHICH, NOR ITS EMPLOYEESIF INCLUDED IN THE SOFTWARE, DISTRIBUTORSARE PROVIDED AS- IS WITHIN THE SOFTWARE. IF EDITORIAL CONTENT IS INCLUDED IN THE SOFTWARE, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM UPDATED EDITORIAL CONTENT IS DEPENDENT ON THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF CONTRACTUAL RELATIONSHIP BETWEEN EDIFECS AND THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAMA.

Warranty and Disclaimer. COMPANY AGREES THAT SUBSCRIPTION OF A ROUTING PREFIX OR INTERNET KEYWORD DOES NOT CONFER IMMUNITY FROM OBJECTION TO EITHER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSUBSCRIPTION OR USE OF THE ROUTING PREFIX OR INTERNET KEYWORD BY THIRD PARTIES, COMPANY ACKNOWLEDGES AND AGREES THAT THE REALNAMES SERVICE AND THE ROUTING PREFIX AND THE INTERNET KEYWORDS) (COLLECTIVELY, THE MANUAL IS "SERVICES") ARE BEING PROVIDED ON AN "AS IS," BASISWITH "ALL FAULTS," AND THAT REALNAMES MAKES NO REPRESENTATIONS OR WARRANTIES, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS AFFILIATED PARTIES, ANY IMPLIED WARRANTY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF MERCHANTABILITYSUCH SERVICES OR THAT ANY OF SUCH SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET THE NEEDS OF ANY PARTY OR THAT THE ROUTING PREFIXES OR INTERNET KEYWORDS SUBSCRIBED UNDER THIS AGREEMENT WILL BE ACCESSIBLE THROUGH ANY PARTICULAR BROWSER, SEARCH ENGINE OR OTHER METHOD OF DISTRIBUTION. WITHOUT LIMITING THE FOREGOING, REALNAMES DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL IN NO EVENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL REALNAMES BE LIABLE TO YOU THE COMPANY FOR ANY INDIRECTFAILURE, CONSEQUENTIAL DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OTHER NON PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERREALNAMES SERVICE.

Warranty and Disclaimer. 9.1 LICENSOR, THE FORMAT OWNERS AND THE LOGO OWNER MAKE NO REPRESENTATION OR WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWVALUE OR UTILITY OF THE INFORMATION TO BE SUPPLIED TO LICENSEE OR ITS AFFILIATES PURSUANT TO THIS AGREEMENT, SUCH AS BUT NOT LIMITED TO THE DVD FORMAT BOOKS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISDVD LOGO MANUAL, WITHOUT AND TECHNICAL INFORMATION AND SUPPORT, IF ANY, OR THE ABILITY OF LICENSEE OR ITS AFFILIATES TO MAKE USE THEREOF TO SECURE INTERCHANGEABILITY WITH OTHER DVD PRODUCTS. LICENSOR, FORMAT OWNERS, AND LOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT THE USE OF INFORMATION SUPPLIED BY LICENSOR DOES NOT INFRINGE OR WILL NOT CAUSE INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT OWNED OR CONTROLLED BY ANY PERSON. LICENSEE UNDERSTANDS AND AGREES THAT THE LICENSOR, FORMAT OWNERS AND NIKONLOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT ANY MANUFACTURE, ITS EMPLOYEESUSE, DISTRIBUTORSSALE, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY LEASE OR OTHER DISPOSAL OF LICENSED PRODUCTS WILL BE FREE FROM INFRINGEMENT OF ANY KINDTHIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS EXPLICITLY UNDERSTOOD BY LICENSEE THAT LICENSOR AND FORMAT OWNERS CLAIM TO HAVE ISSUED OR PROSPECTIVE PATENTS PERTINENT TO THE LICENSED PRODUCTS, EITHER EXPRESS WHICH PATENTS ARE NOT LICENSED HEREUNDER. LICENSOR, FORMAT OWNERS AND LOGO OWNER MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY AND EXPRESSLY DISCLAIM IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO AND ANY EQUIVALENTS UNDER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES LAWS OF ANY KINDJURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR INFORMATION DISCLOSURES RELATING TO THIS AGREEMENT. 9.2 Nothing in this Agreement shall be construed as imposing on Licensor an obligation to take any action to protect its intellectual property rights or other interests in the DVD Format Books and/or the Logos. 9.3 Licensee acknowledges and agrees that Licensor shall not be liable for the actions of any government official, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERagency or other authority with respect to the enforcement of any law or regulation applied or relating to DVD Products.

Warranty and Disclaimer. TO YOU AGREE THAT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE IS A TRIAL VERSION OF THE “SPONTANIA” DIALCOM SOFTWARE, AND THAT THE SOFTWARE CAN CONTAIN SOME BUGS, MALFUNCTIONS OR OTHER DEFECTS. DIALCOM SHALL NOT BE HELD LIABLE FOR ANY BUGS, MALFUNCTIONS OR OTHER DEFECTS CONTAINED IN, OR CAUSED BY YOUR USE OF, THE MANUAL SOFTWARE. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT BASIS AND DIALCOM MAKES NO WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. DIALCOM MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR NON- INFRINGEMENTFREE FROM INTERRUPTIONS OR OTHER FAILURES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE, NIKONALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY (AS EVIDENCE BY A COPY OF YOUR DOWNLOADING). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIALCOM, ITS EMPLOYEESDEALERS, DISTRIBUTORS, DEALERSAGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. THE THIRD PARTY SOFTWARE INCLUDED IN THE SOFTWARE, IF ANY, MAY ALSO CONTAINS LIMITATIONS OF WARRANTY AND AGENTS DO NOT WARRANT DISCLAIMERS. THESE LIMITATIONS OF WARRANTY OR DISCLAIMERS ARE CONTAINED IN THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION “ABOUT” PAGES OF THE MANUAL WILL BE UNINTERRUPTEDSOFTWARE AND ARE MADE A PART OF AND INCORPORATED BY REFERENCE INTO THIS XXXX. BY ACCEPTING THIS XXXX, ERROR-FREE, OR FREE OF VIRUSES. YOU ARE ALSO AGREEING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLIMITATIONS OF WARRANTY AND THE DISCLAIMERS, NEITHER NIKONIF ANY, NOR ITS EMPLOYEESSET FORTH THEREIN. PLEASE REVIEW THE “ABOUT” PAGES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAVAILABLE BY CLICKING here.

Warranty and Disclaimer. SELLER WARRANTS TO BUYER THAT ANY PRODUCTS SOLD HEREUNDER WILL BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS UNDER NORMAL CONDITIONS OF USE FOR SIX (6) MONTHS FROM THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DATE OF DELIVERY TO BUYER. THIS WARRANTY WILL SURVIVE ACCEPTANCE OF THE MANUAL PRODUCTS. THE FOREGOING WARRANTY IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY IN LIEU OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXCLUDES ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIEDIMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. SELLER'S LIABILITY AND BUYER'S SOLE REMEDY HEREUNDER FOR A BREACH OF WARRANTY IS EXPRESSLY LIMITED, AT SELLER'S ELECTION, TO REPAIR OR REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF PRODUCTS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH PRODUCTS. ANY CLAIM BY BUYER WITH REFERENCE TO THE PRODUCTS SOLD HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER UNLESS SUBMITTED TO SELLER IN WRITING WITHIN NINETY (90) DAYS FROM THE DATE BUYER DISCOVERED, OR SHOULD HAVE DISCOVERED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERCLAIMED BREACH.

Warranty and Disclaimer. (a) SOFTPOINT AND ITS SUPPLIERS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MANUAL IS PROVIDED ON AN "AS IS" BASISSUBSCRIPTION OR ANY DATA. (b) SOFTPOINT AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SUBSCRIPTION WILL BE SECURE, WITHOUT WARRANTY OF TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY KINDOTHER HARDWARE, AND NIKONSOFTWARE, ITS EMPLOYEESSYSTEM OR DATA, (d) SOFTPOINT PROVIDES NO REMEDIES OR WARRANTIES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGFOR TRIAL SUBSCRIPTIONS. TRIAL SUBSCRIPTIONS ARE EXPLICITLY PROVIDED “AS IS”. (e) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE SUBSCRIPTION OTHER THAN TRIAL SUBSCRIPTIONS, BUT NOT LIMITED TOSOFTPOINT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, ANY IMPLIED WARRANTY WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ALSO, THERE IS NO WARRANTY OF NON- INFRINGEMENT AND TITLE OR NON- INFRINGEMENTQUIET ENJOYMENT. TO SOFTPOINT DOES NOT WARRANT THAT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSUBSCRIPTION WILL PERFORM ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SUBSCRIPTION IS NOT DESIGNED, NIKONINTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, ITS EMPLOYEESINCLUDING WITHOUT LIMITATION, DISTRIBUTORSTHE DESIGN, DEALERSCONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND AGENTS DO NOT WARRANT THE PERFORMANCE LIFE SUPPORT OR WEAPONS SYSTEMS. SOFTPOINT SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FITNESS FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERPURPOSES.

Warranty and Disclaimer. TO (a) LITTELFUSE WARRANTS THAT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWPRODUCTS WILL CONFORM WITH ALL PERTINENT SPECIFICATIONS INCLUDING PERFORMANCE SPECIFICATIONS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISDRAWINGS AND APPROVED SAMPLES, WITHOUT WARRANTY OF ANY KINDIF FURNISHED IN WRITING, AND NIKONWILL BE FREE FROM DEFECTS CAUSED BY DEFECTIVE MATERIALS OR WORKMANSHIP FOR A PERIOD OF ONE-YEAR AFTER SHIPMENT THEREOF TO BUYER. (b) LITTELFUSE MAKES NO OTHER WARRANTIES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO BUYER, ITS CUSTOMERS OR ANY USERS OF THE PRODUCTS EXCEPT AS HEREIN STATED, AND LITTELFUSE EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH, BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYMERCHANTABILITY OF THE PRODUCTS, FITNESS FOR A ANY PARTICULAR USE OR PURPOSE OR NON- AND NON-INFRINGEMENT. ALL CLAIMS FOR ALLEGED DEFECTS IN THE PRODUCTS SHALL BE DEEMED WAIVED UNLESS MADE IN WRITING AND DELIVERED TO LITTELFUSE WITHIN ONE (1) YEAR AFTER SHIPMENT OF THE PRODUCTS TO BUYER. LITTELFUSE’S SOLE LIABILITY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER PRODUCTS SHALL BE LIMITED TO THE REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF ANY DEFECTIVE PRODUCTS. LITTELFUSE, IN ITS DISCRETION, SHALL DETERMINE ON A CASE BY CASE BASIS WHETHER REPAIR, REPLACEMENT OR REFUND WILL BE THE REMEDY RESPECTING ANY SUCH DEFECTIVE PRODUCTS. IF THE APPLICABLE LAWWARRANTY PERIOD DESCRIBED HAS NOT EXPIRED, NIKONSUCH REPAIR, REPLACEMENT OR REFUND SHALL BE LITTELFUSE’S SOLE LIABILITY AND THE SOLE REMEDY THAT BUYER, ITS EMPLOYEESCUSTOMERS OR ANY USERS OF THE PRODUCTS SHALL HAVE AGAINST LITTELFUSE WITH RESPECT TO THE QUALITY, DISTRIBUTORSPERFORMANCE OR USE OF ANY OF THE PRODUCTS. IF THE WARRANTY PERIOD HAS EXPIRED, DEALERSLITTELFUSE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER. XXXXX XXXXXX AGREES TO COMMUNICATE IN WRITING THE TERMS OF THIS SECTION TO ITS CUSTOMERS. (c) ALL PRODUCT INFORMATION FURNISHED BY LITTELFUSE IS BELIEVED TO BE ACCURATE AND RELIABLE. HOWEVER, BUYERS MUST INDEPENDENTLY EVALUATE THE SUITABILITY OF AND TEST EACH PRODUCT SELECTED FOR THEIR OWN APPLICATIONS. LITTELFUSE PRODUCTS ARE NOT DESIGNED FOR, AND AGENTS DO SHALL NOT WARRANT BE USED FOR, ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, AUTOMOTIVE, MILITARY, AEROSPACE, MEDICAL, LIFE- SAVING, LIFE-SUSTAINING OR NUCLEAR FACILITY APPLICATIONS, DEVICES INTENDED FOR SURGICAL IMPLANT INTO THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALBODY, OR THAT ANY OTHER APPLICATION IN WHICH THE MANUAL WILL MEET YOUR REQUIREMENTS FAILURE OR THAT THE LACK OF DESIRED OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPRODUCT MAY RESULT IN PERSONAL INJURY, ERROR-FREEDEATH, OR FREE OF VIRUSESPROPERTY DAMAGE) OTHER THAN THOSE EXPRESSLY SET FORTH IN APPLICABLE LITTELFUSE PRODUCT DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS WARRANTIES GRANTED BY LITTELFUSE SHALL BE LIABLE TO YOU DEEMED VOID FOR PRODUCTS USED FOR ANY INDIRECT, CONSEQUENTIAL PURPOSE NOT EXPRESSLY SET FORTH IN APPLICABLE LITTELFUSE DOCUMENTATION. LITTELFUSE SHALL NOT BE LIABLE FOR ANY CLAIMS OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE DAMAGES ARISING OUT OF OR RESULTING FROM THE MANUALPRODUCTS USED IN APPLICATIONS NOT EXPRESSLY INTENDED BY LITTELFUSE AS SET FORTH IN APPLICABLE LITTELFUSE DOCUMENTATION. (d) Anything to the contrary notwithstanding, HOWEVER CAUSEDany action for alleged breach by Littelfuse of these Sales Terms, EVEN IF NIKONincluding, ITS EMPLOYEESwithout limitation, DISTRIBUTORSan action for breach of the warranty herein set forth, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERshall be barred unless commenced by Buyer within one (1) year after the date the Products in question were first delivered to Buyer.

Warranty and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL SOFTWARE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “WHERE AS” BASIS AND TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWLAW LUMENVOX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING ANY PRODUCTS AND SERVICES, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ANY SUPPLEMENTS OR NON- INFRINGEMENT. UPDATES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE PRODUCT, NIKONINCLUDING WITHOUT LIMITATION, ITS EMPLOYEESANY (IF ANY) SERVICE PACK OR HOT FIXES PROVIDED TO YOU ARE NOT COVERED BY ANY WARRANTY OR CONDITION, DISTRIBUTORSEXPRESS OR IMPLIED. LUMENVOX'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, DEALERSAT LUMENVOX'S OPTION FROM TIME TO TIME, AND AGENTS DO NOT WARRANT (A) RETURN OF THE PERFORMANCE PRICE PAID (IF ANY) FOR, OR (B) REPAIR OR REPLACEMENT OF, THE SOFTWARE PRODUCT THAT IS RETURNED TO LUMENVOX WITH A COPY OF OR YOUR RECEIPT. YOU WILL RECEIVE THE RESULTS REMEDY ELECTED BY LUMENVOX WITHOUT CHARGE, EXCEPT THAT YOU ARE RESPONSIBLE FOR ANY EXPENSES YOU MAY OBTAIN INCUR (E.G., COST OF INTERACTING WITH LUMENVOX, INSTALLATION, ETC.). OUTSIDE THE UNITED STATES OR CANADA, NEITHER THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFERED BY LUMENVOX ARE AVAILABLE WITHOUT PROOF OF PURCHASE. LUMENVOX IS NOT RESPONSIBLE IF FAILURE OF THE SOFTWARE PRODUCT HAS RESULTED FROM THE MANUALACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, OR A VIRUS. THE SOFTWARE PRODUCT MAY NOT BE FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR IN A SCHEDULE ATTACHED TO THIS AGREEMENT, LUMENVOX MAKES NO REPRESENTATION, WARRANTY OR GUARANTY: (1) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OF THE SOFTWARE, DOCUMENTATION OR GENERATED OUTPUT; (2) THAT THE MANUAL SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA OF YOURS; (4) THAT INSTALLED SOFTWARE WILL BE FREE OF SECURITY FLAWS; OR (5) ANY WARRANTIES RELATED TO THE CERTIFIED PRODUCTS, YOUR SERVICES, OR THE PERFORMANCE, SUFFICIENCY, OR CHARACTERISTICS THEREOF. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. LUMENVOX AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, ALL WITH REGARD TO THE SOFTWARE PRODUCT. NO AGENT OF LUMENVOX IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERTO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF LUMENVOX AS SET FORTH HEREIN.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWAPPLICABLE, SELLER WARRANTS THAT THE MANUAL IS PROVIDED ON AN "PRODUCTS AND SERVICES AT THE MOMENT OF DELIVERY SHALL MATERIALLY MEET THE PARTICULAR SPECIFICATIONS AGREED TO IN WRITING. NOTWITHSTANDING THE FOREGOING, IN THE EVENT CUSTOMER FAILS TO TIMELY PAY FOR SUCH PRODUCTS IN ACCORDANCE WITH THE T&C SET FORTH HEREIN, ANY SUCH WARRANTY SHALL BE VOID AB INITIO. EXCEPT AS IS" BASISSPECIFICALLY SET FORTH IN THE AGREEMENT OR A SEPARATE WRITING, WITHOUT WARRANTY OF ANY KINDSELLER EXPRESSLY DISCLAIMS ALL AND MAKES NO OTHER WARRANTIES WHETHER EXPRESSED, AND NIKONIMPLIED, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT OF SERVICES OR NON- INFRINGEMENTPRODUCT PROVIDED UNDER THE AGREEMENT. CUSTOMER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT, UNLESS OTHERWISE SET FORTH HEREIN TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCONTRARY, NIKONSELLER WILL PROVIDE THE SERVICES AND PRODUCTS, ITS EMPLOYEESAS APPLICABLE, DISTRIBUTORS“AS IS” WITHOUT ANY WARRANTY OR GUARANTY, DEALERSEXPRESS OR IMPLIED. CUSTOMER ASSUMES ALL RISKS AND LIABILITY FOR (I) RESULTS OBTAINED BY THE USE OF THE PRODUCTS OR SERVICES, WHETHER USED AS DELIVERED OR IN COMBINATION WITH OTHER PRODUCTS; (II) DETERMINING FITNESS FOR USE IN, OR IN CONJUNCTION WITH, OTHER PRODUCTS; (III) THE TRUTHFULNESS AND AGENTS DO NOT WARRANT ACCURACY OF CUSTOMER’S MARKETING AND ADVERTISING OF ANY PRODUCT OF CUSTOMER INTO WHICH THE PERFORMANCE PRODUCTS MAY BE INCORPORATED; (IV) OBTAINING GOVERNMENTAL HEALTH, SAFETY, ENVIRONMENTAL OR OTHER APPROVALS FOR UTILIZATION OF THE PRODUCTS; AND (V) FOR ANY LOSS OR THE RESULTS YOU MAY OBTAIN DAMAGE RESULTING FROM THE MANUALHANDLING, USE OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION MISUSE BY CUSTOMER OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE PRODUCTS. CUSTOMER DECLARES THAT IT IS AWARE OF VIRUSES. THE QUALITIES OF THE PRODUCTS SUPPLIED TO IT AND ALSO OF ALL LEGAL REGULATIONS RELATING TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWPRODUCTS OR SERVICES SUPPLIED, NEITHER NIKONTO WHICH IT AS A CUSTOMER IS BOUND. IN THE STORAGE, NOR ITS EMPLOYEESRESALE, DISTRIBUTORSTRANSPORTATION AND USE OF AND ALL FURTHER ACTS INVOLVING THE PRODUCTS SUPPLIED, DEALERS OR AGENTS SHALL BE LIABLE CUSTOMER UNDERTAKES TO YOU STRICTLY OBSERVE THE RELEVANT LEGAL REGULATIONS AND SELLER’S INSTRUCTIONS WITH RESPECT THERETO. FURTHER, SELLER EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES ORINCLUDING, EXPENSES OF ANY KINDWITHOUT LIMITATION, WHETHER LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONLOSS OF CLIENTELE, INTERRUPTION OF BUSINESS, CAUSED BY SELLER’S NEGLIGENCE, DELAYS IN SHIPMENTS OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROTHERWISE.

Warranty and Disclaimer. 8.1. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE AI DIALER THIRD PARTY SOFTWARE IS PROVIDED TO SUBSCRIBER ON AN “AS IS” “WHERE AS” BASIS AND TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, . KONCERT AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY THIRD PARTY LICENSOR HEREBY EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KINDAND ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE AI DIALER THIRD PARTY SOFTWARE, EITHER WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ANY SUPPLEMENTS OR NON- INFRINGEMENT. UPDATES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWAI DIALER THIRD PARTY SOFTWARE, NIKONINCLUDING WITHOUT LIMITATION, ITS EMPLOYEESANY (IF ANY) SERVICE PACK OR HOT FIXES PROVIDED TO SUBSCRIBER ARE NOT COVERED BY ANY WARRANTY OR CONDITION, DISTRIBUTORSEXPRESS OR IMPLIED. 8.2. THIRD PARTY LICENSOR AND KONCERT ARE NOT RESPONSIBLE IF FAILURE OF THE AI DIALER THIRD PARTY SOFTWARE HAS RESULTED FROM ACCIDENT, DEALERSABUSE, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALMISAPPLICATION, ABNORMAL USE, OR THAT A VIRUS. THE MANUAL WILL MEET YOUR REQUIREMENTS AI DIALER THIRD PARTY SOFTWARE MAY NOT BE FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR THAT INTENDED FOR USE WITH ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDNUCLEAR FACILITIES, ERROR-FREEAIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR FREE WEAPONS SYSTEMS, IN WHICH THE FAILURE OF VIRUSESTHE TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER, EXCEPT AS OTHERWISE PROVIDED IN THESE SUPPLEMENTAL TERMS, THIRD PARTY LICENSOR AND KONCERT MAKE NO REPRESENTATION, WARRANTY OR GUARANTY: (1) AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWRELIABILITY, NEITHER NIKONTIMELINESS, NOR ITS EMPLOYEESQUALITY, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED SUITABILITY OF THE POSSIBILITY OF SUCH DAMAGESAI DIALER THIRD PARTY SOFTWARE, LOSSES, DOCUMENTATION OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT GENERATED OUTPUT; (2) THAT THE AI DIALER THIRD PARTY SOFTWARE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; AND NO (3) THAT USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAI DIALER THIRD PARTY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA OF SUBSCRIBER.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWTSRI hereby represents and warrants that it has full right and power to enter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISTECHNOLOGY, RESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT WARRANTY OF LIMITATION, ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR NON- INFRINGEMENTARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE VALIDITY OR SCOPE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPATENT RIGHTS, OR THAT THE MANUAL ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL MEET YOUR REQUIREMENTS BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPATENT RIGHTS, ERROR-FREE, RESEARCH TOOLS OR FREE OF VIRUSESBIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS IN NO EVENT SHALL TSRI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES (INCLUDING, LOSSES ORWITHOUT LIMITATION, EXPENSES OF ANY KIND, WHETHER DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR OTHERWISE FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR RESULTING FROM IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE MANUALAMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSEDWHETHER BASED ON CONTRACT, EVEN IF NIKONTORT (INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), DISTRIBUTORSOR ANY OTHER GROUNDS, DEALERS OR AGENTS HAVE AND REGARDLESS OF WHETHER TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OTHER LIMITATION OF THIS AGREEMENT LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND NO USE INDEPENDENT OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES.

Warranty and Disclaimer. a) YOU WARRANT AND REPRESENT TO NETDUMA THAT YOU HAVE THE MAXIMUM EXTENT PERMITTED LEGAL RIGHT AND AUTHORITY TO ENTER INTO AND PERFORM THE OBLIGATIONS UNDER APPLICABLE LAWTHIS AGREEMENT. YOU REPRESENT THAT YOU ARE OF SOUND MIND AND OF MAJORITY AGE. b) NETDUMA WARRANT TO YOU THAT THE SOFTWARE HAS BEEN DULY DESIGNED, PROGRAMMED AND TESTED BY NETDUMA, TO BE AS FREE FROM ERROR AS IS REASONABLE.THE PRODUCT WILL PERFORM SUBSTATIALLY IN ACCORDANCE WITH DOCUMENTATION PROVIDED. WE DO NOT WARRANT THAT THE MANUAL SOFTWARE OR SERVICE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY OUR LICENSOR NETDUMA LTD, OR THAT THE SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS. c) THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED. AND THE HARDWARE ON WHICH THE SOFTWARE IS CONTAINED AND PROVIDED TO YOU WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. d) PLEASE NOTIFY US PROMPTLY IN WRITING ABOUT ANY FAULT WITH THE HARDWARE WITHIN 14(FOURTEEN) DAYS OR AS SOON AS REASONABLY POSSIBLE FOLLOWING DISCOVERY OF SUCH FAULT. IF YOU NOTIFY NETDUMA OF A FAULT, NETDUMA WILL ENDEAVOUR TO CORRECT OR REPLACE THE HARDWARE AND/OR DOCUMENTATION WITHIN A REASONABLE TIME. YOU WILL FIRST INFORM US IN WRITING STATING CLEARLY THE DEFECT OF THE PRODUCT. YOU WILL FOLLOW THE RETURN INSTRUCTIONS SET OUT IN RETURNS POLICY IN XXX.XXXXXXX.XXX. e) EXCLUSIVE REMEDY Your sole remedy, and our entire liability, in case of any breach of clause 11c) is that we will, at our option: (i) replace the defective medium that contains the Software; or (ii) provide an alternative remedy as required by English consumer legislation. In the event that English Law cannot apply, then the local consumer law in your jurisdiction will apply. These remedies may not be available in some countries to the extent that we are subject to restrictions under applicable export-control laws and regulations. f) ALTHOUGH NETDUMA HAS USED REASONABLE EFFORTS TO ENSURE THAT THE SOFTWARE IS ERROR AND MALWARE-FREE, YOU AGREE THAT THE SOFTWARE IS PROVIDED ON AN "‘AS IS" ’ BASIS. NETDUMA DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF ERRORS OR MALWARE. g) EXCEPT FOR THE EXPRESS WARRANTIES IN 11 (c) ABOVE, THE PRODUCT IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. h) IN NO EVENT SHALL NETDUMA OR ITS LICENSOR AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT WARRANTY OF ANY KINDLIMITATION, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS DAMAGES FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR RESULTING FROM INABILITY TO USE THE MANUAL, HOWEVER CAUSEDSOFTWARE AND PRODUCT, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE NETDUMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESDAMAGES ). i) NETDUMA SHALL NOT BE LIABLE FOR ANY CLAIM, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART FOR ANY LOSS OR DAMAGE AS A RESULT OF THIS AGREEMENT FORCES AND NO OR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION ANY ACT OF GOD, WAR, TERRORISM, LABOUR DISPUTE, ACCIDENT, OR OTHER CIRCUMSTANCES AFFECTING THE SUPPLY OF HARDWARE, DISRUPTION TO NETDUMA’S NORMAL MEANS OF DELIVERY OF PRODUCTS OR TELECOMMUNICATIONS DISRUPTION, EVEN IF NETDUMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. j) YOU USE THE PRODUCT AND SOFTWARE AT YOUR OWN RISK. k) NETDUMA AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERSOFTWARE, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER OR ANY OTHER DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS; l) NETDUMA AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS; m) NETDUMA AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR DUE TO ERRORS AND/OR DEFECTS IN THE PRODUCT CAUSED BY ADDITIONS OR MODIFICATIONS IN ANY MANNER (NOT BY THE NETDUMA OR ITS LICENSORS) AFTER IT HAS BEEN DELIVERED. n) If you alter the Product in any way without being authorised by Netduma, defects caused by such alteration will not be remedied by Netduma and you will be liable for any damages incurred by Netduma due to your unauthorised alteration. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE COMPANY MAKES NO WARRANTIES OR CONDITIONS THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

Warranty and Disclaimer. 4.1. SUBJECT TO SECTIONS 4.2 AND 4.3, ANY EQUIPMENT, MATERIALS AND SUPPLIES INCORPORATED INTO OR UTILIZED IN THE PERFORMANCE OF SERVICES, SHALL BE FREE FROM DEFECTS IN WORKMANSHIP OR MATERIALS FOR A PERIOD OF NINETY (90) DAYS FROM THE EARLIER OF THE DATE THE EQUIPMENT, MATERIALS OR SUPPLIES ARE DELIVERED TO ANY LOCATION WHERE SERVICES ARE PROVIDED OR THE DATE SUCH EQUIPMENT, MATERIALS OR SUPPLIES WERE INCORPORATED INTO OR UTILIZED IN THE SERVICES. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS SECTION 4.1, UNDER THESE TERMS, AT LAW OR IN EQUITY, WHETHER IN CONTRACT, TORT OR OTHER THEORY OF LAW, IS LIMITED, AT COMPANY’S SOLE OPTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWREPAIR OR REPLACEMENT OF, OR A CREDIT FOR, THE MANUAL IS PROVIDED ON AN "AS IS" BASISEQUIPMENT, WITHOUT WARRANTY MATERIALS OR SUPPLIES PROVEN TO HAVE BEEN DEFECTIVE TO THE REASONABLE SATISFACTION OF COMPANY. 4.2. COMPANY MAKES NO WARRANTIES FOR ANY KINDEQUIPMENT, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS MATERIALS OR IMPLIED, INCLUDINGSUPPLIES MANUFACTURED BY THIRD PARTIES, BUT NOT LIMITED TOWILL ASSIGN TO CUSTOMER ALL WARRANTIES OF THE MANUFACTURER(S) OF SUCH EQUIPMENT, MATERIALS OR SUPPLIES TO THE EXTENT SUCH WARRANTIES ARE ASSIGNABLE BY COMPANY TO CUSTOMER. 4.3. COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWFURTHER, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERSCOMPANY MAKES NO WARRANTY CONCERNING, AND AGENTS DO SHALL NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECTLOSS, CONSEQUENTIAL COSTS, DAMAGES OR INCIDENTAL DAMAGESEXPENSES INCURRED OR SUSTAINED BY CUSTOMER RESULTING FROM ANY DEFECT IN EQUIPMENT, LOSSES ORMATERIALS, EXPENSES OF ANY KINDSUPPLIES OR SERVICES FURNISHED BY OTHERS, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERNOT REQUESTED BY COMPANY.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSeller represents and warrants to Buyer that: a. At the time of Delivery of the Equipment to Buyer, Seller will have good and sufficient legal and beneficial title to the Equipment and have full power and lawful authority to transfer such title to Buyer. b. At the time of Delivery of the Equipment to Buyer, the Equipment will be subject to no mortgage, pledge, lien, charge or other emcumbrance (collectively, the "Liens"). c. EXCEPT AS OTHERWISE STATED HEREIN, THE MANUAL IS PROVIDED ON AN EQUIPMENT, INCLUDING THE COMPONENT PARTS THEREOF, BEING SOLD BY SELLER TO BUYER WILL BE SOLD "AS IS" BASISAND SELLER MAKES NO WARRANTIES, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY GUARANTEES OR REPRESENTTIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY AS TO THE EQUIPMENT AND THE COMPONENT PARTS THEREOF, INCLUDING BUT NOT LIMITED TOTO THE CONDITION OR AIRWORTHINESS THEREOF; AND BUYER HEREBY WAIVES ALL OTHER WARRANTIES, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, AND SELLER SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO FITNESS FOR ANY INTENDED PURPOSE AND MERCHANTABILITY, ANY IMPLIED WARRANTY OBLIGATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE SELLER ARISING FROM TORT OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALSTRICT LIABILITY TORT CLAIMS, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS FOR LOSS OF USE, REVENUE OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREEPROFIT, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWFOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL EXPENSE DIRECTLY OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE INDIRECTLY ARISING OUT OF OR RESULTING FROM THIS TRANSACTION AND THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEREQUIPMENT OR ANY INABILITY TO USE THE EQUIPMENT EITHER SEPARATELY OR IN COMBINATION WITH OTHER PARTS OR APPARATUS OR FROM ANY OTHER CAUSE. Buyer acknowledges that the foregoing waivers and agreements were agreed to by it in the course of bargaining and negotiation with respect to the Agreement and that the Purchase Price and other terms herein and in the Agreement reflect such waivers and agreements by Buyer. d. Seller makes no representation as to what use or application may be made of the Equipment in the condition in which the Equipment is delivered. Further, Seller makes no representation as to whether the Equipment complies with, or is capable of being modified so as to comply with, any present or future environmental restrictions or requirements imposed by any governmental entity, including, but not limited to, requirements with respect to noise abatement and emission control. Buyer shall have the responsiblity of obtaining whatever certifications, waivers or exemptions are necessary from applicable government agencies for projected uses or applications of the Equipment.

Warranty and Disclaimer. (a) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE GAME FACE GAMING INC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISWHETHER EXPRESS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGOR OTHERWISE, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR NON- INFRINGEMENTQUIET ENJOYMENT. GAME FACE GAMING INC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. GAME FACE GAMING INC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. (b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE, NIKONALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. (c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GAME FACE GAMING INC, ITS EMPLOYEESREPRESENTATIVES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES SCOPE OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERWARRANTY PROVIDED HEREIN.

Warranty and Disclaimer. SUBJECT TO THE QUALIFICATIONS AND LIMITATIONS CONTAINED HEREIN, THE COMPANY WARRANTS THAT THE SERVICES WILL, IN ALL MATERIAL RESPECTS, CONFORM TO THE DESCRIPTION OF SERVICES PROVIDED IN THE SERVICES PORTFOLIO. EXCEPT AS SET EXPRESSLY FORTH IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW THE COMPANY MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR PARTICULAR PURPOSE, NON- INFRINGEMENT OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. MAINTENANCE AND SYSTEM REPAIRS, UPGRADES AND RECONFIGURATIONS MAY TEMPORARILY IMPAIR SERVICES. THE MANUAL FOREGOING WARRANTY IS PROVIDED ON AN "AS IS" BASISIN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS EXPRESS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, TITLE AND NON-INFRINGEMENT. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ALTHOUGH COMPANY USES COMMERCIALLY REASONABLE EFFORTS TO IMPLEMENT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSERVICES TO PROTECT CUSTOMERS DATA, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO COMPANY DOES NOT WARRANT THE PERFORMANCE OF PROVIDE OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERGUARANTEE ABSOLUTE SECURITY.

Warranty and Disclaimer. TO TSRI hereby represents and warrants that it has full right and power to enter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCONDUCT OR RESULTS OF THE RESEARCH PROGRAM, THE MANUAL IS PROVIDED ON AN "AS IS" BASISPATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT WARRANTY OF LIMITATION, ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR NON- INFRINGEMENTARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE VALIDITY OR SCOPE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPATENT RIGHTS, OR THAT THE MANUAL ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL MEET YOUR REQUIREMENTS BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPATENT RIGHTS, ERROR-FREE, RESEARCH TOOLS OR FREE OF VIRUSESBIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS IN NO EVENT SHALL TSRI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES (INCLUDING, LOSSES ORWITHOUT LIMITATION, EXPENSES OF ANY KIND, WHETHER DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR OTHERWISE FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR RESULTING FROM IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE MANUALAMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSEDWHETHER BASED ON CONTRACT, EVEN IF NIKONTORT (INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), DISTRIBUTORSOR ANY OTHER GROUNDS, DEALERS OR AGENTS HAVE AND REGARDLESS OF WHETHER TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OTHER LIMITATION OF THIS AGREEMENT LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND NO USE INDEPENDENT OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES.

Warranty and Disclaimer. (a) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE GAME FACE GAMING INC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISWHETHER EXPRESS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGOR OTHERWISE, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR NON- INFRINGEMENTQUIET ENJOYMENT. GAME FACE GAMING INC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. GAME FACE GAMING INC SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. (b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSOFTWARE, NIKONALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. (c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GAME FACE GAMING INC, ITS EMPLOYEESREPRESENTATIVES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES SCOPE OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERWARRANTY PROVIDED HEREIN.

Warranty and Disclaimer. TO (a) STI WARRANTS THAT THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWPRODUCTS WILL CONFORM WITH ALL PERTINENT SPECIFICATIONS INCLUDING PERFORMANCE SPECIFICATIONS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISDRAWINGS AND APPROVED SAMPLES, WITHOUT WARRANTY OF ANY KINDIF FURNISHED IN WRITING, AND NIKONWILL BE FREE FROM DEFECTS CAUSED BY DEFECTIVE MATERIALS OR WORKMANSHIP FOR A PERIOD OF ONE-YEAR AFTER SHIPMENT THEREOF TO BUYER. (b) STI MAKES NO OTHER WARRANTIES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO BUYER, ITS CUSTOMERS OR ANY USERS OF THE PRODUCTS EXCEPT AS HEREIN STATED, AND STI EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH, BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYMERCHANTABILITY OF THE PRODUCTS, FITNESS FOR A ANY PARTICULAR USE OR PURPOSE OR AND NON- INFRINGEMENT. ALL CLAIMS FOR ALLEGED DEFECTS IN THE PRODUCTS SHALL BE DEEMED WAIVED UNLESS MADE IN WRITING AND DELIVERED TO STI WITHIN ONE (1) YEAR AFTER SHIPMENT OF THE PRODUCTS TO BUYER. STI’S SOLE LIABILITY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED UNDER PRODUCTS SHALL BE LIMITED TO THE REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF ANY DEFECTIVE PRODUCTS. STI, IN ITS DISCRETION, SHALL DETERMINE ON A CASE BY CASE BASIS WHETHER REPAIR, REPLACEMENT OR REFUND WILL BE THE REMEDY RESPECTING ANY SUCH DEFECTIVE PRODUCTS. IF THE APPLICABLE LAWWARRANTY PERIOD DESCRIBED HAS NOT EXPIRED, NIKONSUCH REPAIR, REPLACEMENT OR REFUND SHALL BE STI’S SOLE LIABILITY AND THE SOLE REMEDY THAT BUYER, ITS EMPLOYEESCUSTOMERS OR ANY USERS OF THE PRODUCTS SHALL HAVE AGAINST STI WITH RESPECT TO THE QUALITY, DISTRIBUTORSPERFORMANCE OR USE OF ANY OF THE PRODUCTS. IF THE WARRANTY PERIOD HAS EXPIRED, DEALERSSTI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER. BUYER HEREBY AGREES TO COMMUNICATE IN WRITING THE TERMS OF THIS SECTION TO ITS CUSTOMERS. (c) ALL PRODUCT INFORMATION FURNISHED BY STI IS BELIEVED TO BE ACCURATE AND RELIABLE. HOWEVER, BUYERS MUST INDEPENDENTLY EVALUATE THE SUITABILITY OF AND TEST EACH PRODUCT SELECTED FOR THEIR OWN APPLICATIONS. STI PRODUCTS ARE NOT DESIGNED FOR, AND AGENTS DO SHALL NOT WARRANT BE USED FOR, ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, AUTOMOTIVE, MILITARY, AEROSPACE, MEDICAL, LIFE-SAVING, LIFE-SUSTAINING OR NUCLEAR FACILITY APPLICATIONS, DEVICES INTENDED FOR SURGICAL IMPLANT INTO THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALBODY, OR THAT ANY OTHER APPLICATION IN WHICH THE MANUAL WILL MEET YOUR REQUIREMENTS FAILURE OR THAT THE LACK OF DESIRED OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPRODUCT MAY RESULT IN PERSONAL INJURY, ERROR-FREEDEATH, OR FREE OF VIRUSESPROPERTY DAMAGE) OTHER THAN THOSE EXPRESSLY SET FORTH IN APPLICABLE STI PRODUCT DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS WARRANTIES GRANTED BY STI SHALL BE LIABLE TO YOU DEEMED VOID FOR PRODUCTS USED FOR ANY INDIRECT, CONSEQUENTIAL PURPOSE NOT EXPRESSLY SET FORTH IN APPLICABLE STI DOCUMENTATION. STI SHALL NOT BE LIABLE FOR ANY CLAIMS OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE DAMAGES ARISING OUT OF OR RESULTING FROM THE MANUALPRODUCTS USED IN APPLICATIONS NOT EXPRESSLY INTENDED BY STI AS SET FORTH IN APPLICABLE STI DOCUMENTATION. (d) Anything to the contrary notwithstanding, HOWEVER CAUSEDany action for alleged breach by STI of these Sales Terms, EVEN IF NIKONincluding, ITS EMPLOYEESwithout limitation, DISTRIBUTORSan action for breach of the warranty herein set forth, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERshall be barred unless commenced by Buyer within one (1) year after the date the Products in question were first delivered to Buyer.

Warranty and Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL 7.1 BOOTLOADER IS PROVIDED ON AN "“AS IS" BASIS.” INNEOS PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY VERSION OF BOOTLOADER. 7.2 EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN THE TRIAL VERSION, INNEOS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BOOTLOADER IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. INNEOS DOES NOT WARRANT OR NON- INFRINGEMENTASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN BOOTLOADER. INNEOS MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORK, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO BOOTLOADER, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DATE OF DELIVERY. (USA ONLY) SOME JURISDICTIONS DO NOT WARRANT ALLOW THE PERFORMANCE EXCLUSION OF OR IMPLIED WARRANTIES, SO THE RESULTS YOU ABOVE LIMITATIONS MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. NOT APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERYOU.

Warranty and Disclaimer. TO 1. EXCEPT AS OTHERWISE PROVIDED HERE THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MANUAL PRODUCT IS PROVIDED ON AN "“AS AVAILABLE,” “AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT” BASIS WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE BY LAW, NIKONPARALOGIC IT’S SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM (AND THE EXPRESS PROVISIONS OF THIS CONTRACT ARE IN PLACE OF) ALL OTHER WARRANTIES, ITS EMPLOYEESREPRESENTATIONS, DISTRIBUTORSCONDITIONS, DEALERSTERMS, UNDERTAKINGS, AND AGENTS DO OBLIGATIONS WITH RESPECT TO THE PRODUCT, INCLUDING ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS, AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE (INCLUDING BUT NOT LIMITED TO IMPLIED UNDERTAKINGS OF SATISFACTORY QUALITY, CONFORMITY WITH DESCRIPTION AND REASONABLE FITNESS FOR PURPOSE). 2. PARALOGIC DOES NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL PRODUCT WILL MEET YOUR REQUIREMENTS REQUIREMENTS, OR THAT THE OPERATION OF THE MANUAL PRODUCT WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, OR FREE THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT’S COMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY CONTENT OWNER OR INDUSTRY AND DISCLAIM ALL LIABILITY ASSOCIATED THEREWITH. 3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PARALOGIC SHALL CREATE ANY ADDITIONAL PARALOGIC WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF VIRUSESPARALOGIC’S OBLIGATIONS HEREUNDER. 4. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES PARALOGIC MAKES NO WARRANTY OF ANY KIND, WHETHER LOSS EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY COMPONENTS. PARALOGIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF PROFITSUNDERTAKINGS OF SATISFACTORY QUALITY, BUSINESS INTERRUPTIONCONFORMITY WITH DESCRIPTION AND REASONABLE FITNESS FOR PURPOSE WITH REGARD TO THE THIRD PARTY COMPONENTS. 5. THE PRODUCTS MAY BE SUBJECT TO LIMITATIONS, OR OTHERWISE ARISING OUT OF OR RESULTING FROM DELAYS, AND OTHER RISKS INHERENT IN THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL INTERNET AND ELECTRONIC COMMUNICATIONS. PARALOGIC, OR OUR LICENSORS OR SUPPLIERS, IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERNOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH EVENTS.

Warranty and Disclaimer. 8.1 LICENSOR, OTHER FORMAT OWNERS AND LOGO OWNER MAKE NO REPRESENTATION OR WARRANTY AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWVALUE OR UTILITY OF THE INFORMATION TO BE SUPPLIED TO LICENSEE PURSUANT TO THIS AGREEMENT, SUCH AS BUT NOT LIMITED TO THE DVD FORMAT BOOKS, THE MANUAL IS PROVIDED ON AN "AS IS" BASISDVD GRAPHICS STANDARDS MANUAL, WITHOUT AND TECHNICAL INFORMATION AND SUPPORT, IF ANY, OR THE ABILITY OF LICENSEE TO MAKE USE THEREOF TO SECURE INTERCHANGEABILITY WITH OTHER DVD PRODUCTS. LICENSOR, OTHER FORMAT OWNERS AND LOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT THE USE OF INFORMATION SUPPLIED BY LICENSOR DOES NOT INFRINGE OR WILL NOT CAUSE INFRINGEMENT OF ANY KINDINTELLECTUAL PROPERTY RIGHT OWNED OR CONTROLLED BY ANY PERSON. LICENSEE UNDERSTANDS AND AGREES THAT THE LICENSOR, OTHER FORMAT OWNERS AND NIKONLOGO OWNER MAKE NO WARRANTY WHATSOEVER THAT ANY MANUFACTURE, ITS EMPLOYEESUSE, DISTRIBUTORSSALE, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY LEASE OR OTHER DISPOSAL OF LICENSED PRODUCTS WILL BE FREE FROM INFRINGEMENT OF ANY KINDTHIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS EXPLICITLY UNDERSTOOD BY LICENSEE THAT LICENSOR AND OTHER FORMAT OWNERS CLAIM TO HAVE ISSUED OR PROSPECTIVE PATENTS PERTINENT TO THE LICENSED PRODUCTS, EITHER EXPRESS WHICH PATENTS ARE NOT LICENSED HEREUNDER. LICENSOR, OTHER FORMAT OWNERS AND LOGO OWNER MAKE NO REPRESENTATION AND WARRANTY, EXPRESSED OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO, ANY AND EXPRESSLY DISCLAIM IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO AND ANY EQUIVALENTS UNDER THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES LAWS OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, JURISDICTION THAT MIGHT ARISE FROM ANY ACTIVITIES OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. INFORMATION DISCLOSURES RELATING TO THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERAGREEMENT.

Warranty and Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF XXXXXX PLAY APP IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, AND TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL IS XXXXXX PLAY APP, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY . WE DISCLAIM ANY WARRANTY ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITYMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENTPURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS WE DO NOT WARRANT THE PERFORMANCE THAT YOUR USE OF XXXXXX PLAY APP WILL BE UNINTERRUPTED OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALERROR FREE, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS XXXXXX PLAY APP OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR ITS SERVERS ARE FREE OF VIRUSESVIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ACCURACY OR RELIABILITY OF INFORMATION IN XXXXXX PLAY APP. NEITHER NIKON, THE COMPANY NOR ANY OF ITS EMPLOYEES, DISTRIBUTORS, DEALERS AFFILIATED OR AGENTS RELATED ENTITIES OR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU ANY PERSON OR ENTITY FOR ANY INDIRECTDIRECT OR INDIRECT LOSS, CONSEQUENTIAL DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGESOTHERWISE), LOSSES ORINJURY, EXPENSES CLAIM, OR LIABILITY OF ANY KINDKIND OR CHARACTER WHATSOEVER, WHETHER LOSS REGARDLESS OF PROFITSTHE THEORY OF LIABILITY (CONTRACT, BUSINESS INTERRUPTIONTORT, OR OTHERWISE ARISING OUT OF OTHERWISE), BASED UPON OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS YOUR USE OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESINABILITY TO USE MUBERT PLAY APP, OR EXPENSESANY INFORMATION OR MATERIALS PROVIDED VIA MUBERT PLAY APP. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART IF YOU ARE DISSATISFIED WITH XXXXXX PLAY APP OR ANY OF THIS AGREEMENT ITS MATERIALS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND NO USE OF THE MANUAL EXCLUSIVE REMEDY IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERTO DISCONTINUE USING MUBERT PLAY APP.

Warranty and Disclaimer. TO TSRI hereby represents and warrants that it has full right and power to enter into this Agreement. TSRI MAKES NO OTHER WARRANTIES CONCERNING THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWCONDUCT OR RESULTS OF THE RESEARCH PROGRAM, THE MANUAL IS PROVIDED ON AN "AS IS" BASISPATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT WARRANTY OF LIMITATION, ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR NON- INFRINGEMENTARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE VALIDITY OR SCOPE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALPATENT RIGHTS, OR THAT THE MANUAL ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL MEET YOUR REQUIREMENTS BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTEDPATENT RIGHTS, ERROR-FREE, RESEARCH TOOLS OR FREE OF VIRUSESBIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS IN NO EVENT SHALL TSRI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR INCIDENTAL DAMAGESDAMAGES (INCLUDING, LOSSES ORWITHOUT LIMITATION, EXPENSES OF ANY KIND, WHETHER DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR OTHERWISE FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR RESULTING FROM IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE MANUALAMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSEDWHETHER BASED ON CONTRACT, EVEN IF NIKONTORT (INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), DISTRIBUTORSOR ANY OTHER GROUNDS, DEALERS OR AGENTS HAVE AND REGARDLESS OF WHETHER TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSESAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES FURTHER AGREE THAT EACH WARRANTY DISCLAIMER, EXCLUSION OF DAMAGES OR EXPENSESOTHER LIMITATION OF LIABILITY HEREIN IS INTENDED TO BE SEVERABLE AND INDEPENDENT OF THE OTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF NOTHING IN THIS AGREEMENT AND NO USE SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, PERSONAL INJURY OR DEATH CAUSED BY GROSS NEGLIGENCE OR ANY MATTER WHICH CANNOT, AS A MATTER OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERLAW CANNOT BE LIMITED OR EXCLUDED.

Warranty and Disclaimer. 12.1 YOU WARRANT AND REPRESENT TO NETDUMA THAT YOU HAVE THE MAXIMUM EXTENT PERMITTED LEGAL RIGHT AND AUTHORITY TO ENTER INTO AND PERFORM THE OBLIGATIONS UNDER APPLICABLE LAWTHIS AGREEMENT. YOU REPRESENT THAT YOU ARE OF SOUND MIND AND OF MAJORITY AGE. 12.2 NETDUMA WARRANT TO YOU THAT THE SOFTWARE HAS BEEN DULY DESIGNED, THE MANUAL PROGRAMMED AND TESTED BY NETDUMA, TO BE AS FREE FROM ERROR AS IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS REASONABLE.THE PRODUCT WILL PERFORM SUBSTATIALLY IN ACCORDANCE WITH DOCUMENTATION PROVIDED. 12.3 WE DO NOT WARRANT THAT THE PERFORMANCE OF SOFTWARE OR SERVICE WILL BE ERROR- FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE RESULTS YOU MAY OBTAIN FROM THE MANUALSOFTWARE CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY OUR LICENSOR, OR THAT THE MANUAL SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS REQUIREMENTS. 12.4 THE PRODUCT WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED. 12.5 AND THE HARDWARE ON WHICH THE SOFTWARE IS CONTAINED AND PROVIDED TO YOU WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. 12.6 PLEASE NOTIFY US PROMPTLY IN WRITING ABOUT ANY FAULT WITH THE HARDWARE WITHIN 14(FOURTEEN) DAYS OR THAT AS SOON AS REASONABLY POSSIBLE FOLLOWING DISCOVERY OF SUCH FAULT. IF YOU NOTIFY NETDUMA OF A FAULT, NETDUMA WILL ENDEAVOUR TO CORRECT OR REPLACE THE OPERATION HARDWARE AND/OR DOCUMENTATION WITHIN A REASONABLE TIME. YOU WILL FIRST INFORM US IN WRITING STATING CLEARLY THE DEFECT OF THE MANUAL PRODUCT. YOU WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO FOLLOW THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING RETURN INSTRUCTIONS SET OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERIN RETURNS POLICY IN xxx.xxxxxxx.xxx.

Warranty and Disclaimer. RED OAK WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF DOWNLOAD FROM THE RED OAK WEB SITE. UNDER NO CIRCUMSTANCES WILL THE FOREGOING LIMITED WARRANTY APPLY AS TO ANY FAILURES OF THE SOFTWARE DISCOVERED AFTER THE NINETY (90) DAY PERIOD. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT ANY FAILURE OF THE SOFTWARE RESULTS FROM ACCIDENT, ABUSE, MISAPPLICATION, MISUSE, ABNORMAL USE OR VIRUS. EXCEPT FOR THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7, AND TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL SOFTWARE IS PROVIDED ON AN "TO YOU “AS IS" BASIS” AND RED OAK AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS LIMITATION THE IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKONNO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RED OAK, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUAL, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL BE LIABLE TO YOU INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOUR SOLE REMEDY, AND RED OAK'S AND ITS LICENSORS ENTIRE LIABILITY, FOR ANY INDIRECTBREACH OF THE LIMITED WARRANTY CONTAINED IN THIS SECTION 7 SHALL BE THAT RED OAK SHALL, CONSEQUENTIAL OR INCIDENTAL DAMAGESAT ITS SOLE OPTION, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION(A) RETURN THE AMOUNT RECEIVED BY RED OAK (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE MANUAL, HOWEVER CAUSED, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE BEEN ADVISED (B) UPON RETURN OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE TO RED OAK, LOSSES, REPAIR OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE REPLACE THE PORTION OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERSOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY.

Warranty and Disclaimer. WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE JAIYE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE JAIYE SERVICE AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE MANUAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, XXXXX MAKES NO REPRESENTATIONS AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY WARRANTIES OR CONDITIONS OF ANY KINDSATISFACTORY QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON- NON-INFRINGEMENT. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE JAIYE SERVICE IS TO UNINSTALL ANY JAIYE SOFTWARE AND TO STOP USING THE JAIYE SERVICE. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW, NIKONIN NO EVENT XXXX XXXXX, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORSAGENTS, DEALERSDIRECTORS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE MANUALSUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR THAT THE MANUAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MANUAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER NIKON, NOR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL LICENSORS BE LIABLE TO YOU FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ; (2) ANY KIND, WHETHER LOSS OF PROFITSUSE, BUSINESS INTERRUPTIONDATA, BUSINESS, OR OTHERWISE PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR RESULTING FROM INABILITY TO USE THE MANUALJAIYE SERVICE, HOWEVER CAUSEDREGARDLESS OF LEGAL THEORY, EVEN IF NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS HAVE WITHOUT REGARD TO WHETHER XXXXX HAS BEEN ADVISED WARNED OF THE POSSIBILITY OF SUCH THOSE DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE MANUAL IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.PURPOSE; OR