Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. 5.1. The Software is provided by the Licenser 'As Is'. 5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1(1) DNP or its distributor shall replace the Software purchased by you if any damage or defect (which means any malfunction unexpected in the manual occurring under the required operation environment) is found in the Software, and you give notice of such damage or defect to DNP’s distributor from which you have purchased the Software within thirty (30) days from the purchase of such Software; (2) Notwithstanding the foregoing Section 6(1), if DNP or its distributor decides in its own discretion, such damage or defect will pose no problem on the use of the Software, DNP and its distributor shall not be responsible to replace the Software. The If the Software is provided by requires any modification, the Licenser 'As Is'method and timing shall be determined in DNP’s sole discretion. 5.2. (3) DNP, ITS DISTRIBUTORS AND THE LICENSOR MAKES NO WARRANTIES TO YOU, EXPRESSED, IMPLIED OR STATUTORY, REGARDING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE, THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLEOR THEIR EQUIVALENT UNDER THE LAWS OF ANY JURISDICTION. AFTER YOU HAVE AGREED TO THIS AGREEMENT, AND NONTHE PURCHASE PRICE OF THE SOFTWARE IS UN-INFRINGEMENTREFUNDABLE UNDER ANY CIRCUMSTANCES. (4) DNP, WITH REGARD TO THE SOFTWARE, ITS DISTRIBUTORS AND THE PROVISION OF LICENSOR SHALL NOT BE LIABLE TO YOU FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK OTHER DAMAGES ARISING OUT OF THE USE OF OR PERFORMANCE OF INABILITY TO USE THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERSSOFTWARE, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF DNP OR THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. 5.4. Recognizing the importance of The Software to the Licensee(5) NOTWITHSTANDING THE FOREGOING, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environmentIF ANY, hardware and software errors of third-party components and by improper use or impossibility to use of The SoftwareTHE LIABILITY OF DNP, ITS DISTRIBUTORS AND THE LICENSOR ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE PURCHASE PRICE OF THE SOFTWARE UNDER ANY CIRCUMSTANCES.

Warranty and Disclaimer. 5.1(a) For a period of ninety (90) days from the date the Software is first licensed to you, the Software will substantially conform to the functionality described in the applicable documentation so long as used in the appropriate environment, as specified in the documentation. The Software is provided by not warranted to be free from error, or to operate uninterruptedly. In addition, Fuji Xerox does not warrant that every feature and all functionality of the Licenser 'As Is'Software will perform in an error-free manner when printing on a non-Fuji Xerox branded printer. 5.2(b) If the Software fails during the warranty period to conform to the above warranty, you must notify Fuji Xerox prior to expiration of the warranty period and Fuji Xerox will, at its option, and as your sole remedy, either replace the Software or fully refund the license fee you paid for the Software. If a refund is made, you will certify to Fuji Xerox that you have de-installed the Software and erased or destroyed both the original Software and your one backup copy. If the Software is installed on a hardware/software platform not meeting Fuji Xerox' published specifications, all representations and warranties herein shall be void. (c) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW FUJI XEROX AND ITS LICENSORS DISCLAIM ALL OTHER EXPRESS AND IMPLIED WARRANTIES (AND THEIR EQUIVALENTS UNDER THE RESPECTIVE APPLICABLE LAW), THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD AND, FOLLOWING THE ABOVE REFERENCED WARRANTY PERIOD, THE IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY. SOFTWARE MAY CONTAIN, OR BE MODIFIED TO THE SOFTWARECONTAIN, AND THE PROVISION COMPUTER CODE CAPABLE OF AUTOMATICALLY DISABLING PROPER OPERATION OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE FUNCTIONING OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH AND/OR THE LICENSEEUNIT OF EQUIPMENT UPON WHICH IT IS INSTALLED. SUCH DISABLING CODE MAY BE ACTIVATED (A) IF FUJI XEROX IS DENIED ACCESS TO THE SOFTWARE AND/OR THE SYSTEM AS PROVIDED HEREIN, (B) YOU BREACH ANY TERM OF THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYAGREEMENT, OR CONSEQUENTIAL DAMAGES (INCLUDINGC) THIS LICENSE IS TERMINATED OR EXPIRES. All warranties and representations made by persons other than Fuji Xerox, BUT NOT LIMITED TOincluding, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USEbut not limited to, DATAdistributors, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITYdealers, WHETHER IN CONTRACTand other resellers of Fuji Xerox, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGEare also disclaimed. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1. The (a) Except with respect to the Trial Version and Not For Resale Version of the Software, BQE warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is provided by the Licenser 'As Is'furnished will be free from defects in materials and workmanship under normal use. 5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW(b) BQE PROVIDES NO REMEDIES OR WARRANTIES, THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGFOR THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". (c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN THE TRIAL VERSION AND NOT FOR RESALE VERSION, BUT NOT LIMITED TOBQE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, IMPLIED WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLE, AND THERE IS NO WARRANTY OF NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, INFRINGEMENT AND THE PROVISION OF TITLE OR FAILURE TO PROVIDE SUPPORT SERVICESQUIET ENJOYMENT. THE LICENSER BQE DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE USE OR PERFORMANCE OF UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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 ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEELIFE SUPPORT OR WEAPONS SYSTEMS. THIS LIMITED BQE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONOF FITNESS FOR SUCH PURPOSES. 5.3. (d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY. (e) NO EVENT ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BQE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CREATE A WARRANTY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT INCREASE THE SCOPE OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGEANY WARRANTY PROVIDED HEREIN. 5.4(f) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The SoftwareTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Warranty and Disclaimer. 5.1You warrant and represent that (a) Your Software and any other materials You provide, create or develop that relate to an API or App or their respective uses do not and will not violate, misappropriate or infringe the intellectual property rights of any person or entity and (b) You have all rights necessary to provide the data and information You provide to Xxxxxx Xxx. The Software is provided by the Licenser 'As Is'. 5.2THE APIs, APPS, XXXXXX MAE CONTENT AND ALL RELATED SOFTWARE, DOCUMENTATION AND RELATED MATERIALS ARE PROVIDED TO YOU ‘AS IS’ WITHOUTREPRESENTATIONS, WARRANTIES OR PROMISESOF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER XXXXXX XXX DISCLAIMS ALL WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTIES OF TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, INFRINGEMENT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESQUIET ENJOYMENT. THE LICENSER XXXXXX XXX DOES NOT WARRANT THAT ALL OR ANY PORTION OF THE SOFTWARE APIs, APPS, XXXXXX XXX CONTENT, AND RELATED SOFTWARE, DOCUMENTATION AND MATERIALS WILL PERFORM WITHOUT INTERRUPTION OR ERROR OR IN COMPLIANCE WITH LAWS, THAT ALL PERFORMANCE INCIDENTS WILL BE ERROR CORRECTED, THAT THEY WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE CONFIGURATION WHICH YOU MAY SELECT FOR USE, OR THAT THE XXXXXX MAE CONTENT WILL BE CURRENT, ACCURATE, ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONCOMPLETE. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.18.1 MARTELLO warrants to CUSTOMER that, for a period of thirty (30) days following the initial purchase and delivery of the Software to CUSTOMER, the Software will perform substantially in conformance with the Documentation. The foregoing warranty applies only to failures in operation of the Software that are reproducible by MARTELLO in standalone form and does not apply to: (i) Software that is modified or altered by CUSTOMER or any third party that is not authorized by MARTELLO in writing; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the Documentation; (iii) failures that are caused by networks or other software or hardware products; (iv) failures resulting from accident, neglect, abuse or misapplication; and (v) Software that is serviced by any person not authorized by MARTELLO. To the greatest extent permitted by law, as XXXXXXXX’x and its PARTNER’s entire liability, and as CUSTOMER’s exclusive remedy for any breach of the foregoing warranty, MARTELLO will, at its sole option and expense, promptly repair or replace any Software that fails to meet this limited warranty or, if repairing or replacing the Software is provided not economically or technically feasible, as determined by MARTELLO, in its discretion, refund to CUSTOMER the Licenser 'As Is'applicable License Fees paid upon return, if applicable, of the nonconforming Software to MARTELLO. Upon such refund, CUSTOMER’s license to use such Software will immediately terminate. Any replacement Software under this limited warranty will be warranted for thirty (30) days. 5.2. 8.2 EXCEPT AS SET OUT IN SECTION 8.1, TO THE MAXIMUM GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS ALL WARRANTIES LICENSED PRODUCT(S) ARE BEING PROVIDED TO CUSTOMER "AS IS" AND CONDITIONS“AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND MARTELLO MAKES NO WARRANTY, EITHER EXPRESS REPRESENTATION OR PROMISE WITH RESPECT TO THE LICENSED PRODUCT(S), SUPPORT AND MAINTENANCE, OR OTHER PRODUCTS OR SERVICES WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO ALL IMPLIED WARRANTIES OR IMPLIED CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-NON- INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER MARTELLO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE INTERRUPTION OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE WILL BE ERROR- FREE, OR THAT ALL ERRORS MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONBE CORRECTED. 5.38.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MARTELLO, ITS LICENSORS, SUPPLIERS OR PARTNERS (OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 8.4 The Software is not designed, developed, intended or licensed for use in any nuclear, aviation, mass transit or medical application or in any other inherently dangerous or high-risk applications. IN NO EVENT MARTELLO AND ITS PARTNERS AND LICENSORS SHALL THE LICENSER NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CLAIMS OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM SUCH USE IF CUSTOMER OR SERVICES; LOSS OF USE, DATA, ANY OTHER PERSON OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF ENTITY USES THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SOFTWARE FOR SUCH DAMAGEPURPOSES. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1Isis Forensics warrants that for a period of thirty (30) days from the date of delivery of the licence key for the Software to you, the Software will perform substantially in accordance with the Documentation. The Isis Forensics and its authorised resellers and distributors’ entire liability and your exclusive remedy under this warranty (which is subject to you deleting all copies of the Software is provided within your possession and control and certifying in writing to Isis Forensics or an authorised reseller that you have done so) will be, at the sole option of Isis Forensics and subject to applicable law, to replace the Software or to refund the licence fees paid and terminate this Agreement. This limited warranty will not apply unless: (i) the Software has been properly installed and used at all times in accordance with the Documentation; (ii) no modification, deletion or addition has been made other than by Isis Forensics and (iii) Isis Forensics receives written notice of the Licenser 'As Is'. 5.2non-conformity within the warranty period. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, THE LICENSER DISCLAIMS SOFTWARE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND ISIS FORENSICS AND ITS LICENSORS MAKE NO WARRANTIES AND CONDITIONSOR CONDITIONS OF ANY KIND OR NATURE, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. ISIS FORENSICS CANNOT GUARANTEE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE UNINTERRUPTED OR WILL OPERATE WITHOUT INTERRUPTIONERROR-FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR PERFORMANCE DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERSWHICH COULD LEAD DIRECTLY TO DEATH, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPERSONAL INJURY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS SEVERE PHYSICAL OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH ENVIRONMENTAL DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1. The Vendor warrants that, as of the date on which the Software is purchased and for sixty (60) days thereafter (“Warranty Period”), the Software will provide the general features and functions described in the Documentation in effect on the date of purchase. Vendor's entire liability and your exclusive remedy during the Warranty Period (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be excluded or limited under law, at Vendor's option, (i) to attempt to correct or work around errors, if any, or (ii) to refund the license fees, if any, paid by you and terminate this Agreement or the license specific to such Software. Such refund is subject to the discontinuance of the use of the Software, deactivation of the license key per instructions provided by Vendor, destroying all printed copies and deleting all electronic copies of any documentation that you have downloaded, printed, or created relating to the Licenser 'As Is'. 5.2Software, and ensuring that no copies of any of the Software screens, data, or other content remain archived or otherwise stored on your computers, during the Warranty Period, and providing declaration of same to Vendor. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. VENDOR DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER VENDOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEAS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, AND NON-INFRINGEMENTUSAGE, WITH REGARD TO OR THE SOFTWARE, AND COURSE OF DEALING BETWEEN THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESPARTIES. THE LICENSER VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, VENDOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF BE ABLE TO ACCESS THE SOFTWARE AT ALL TIMES. YOU UNDERSTAND AND ACCOMPANYING WRITTEN MATERIALS REMAINS ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION YOUR ABILITY TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.ACCESS THE

Warranty and Disclaimer. 5.1CITRIX warrants that for a period of ninety (90) days from the date of delivery of the SOFTWARE to you, the SOFTWARE will perform substantially in accordance with the PRODUCT documentation published by CITRIX and included with the PRODUCT. The Software CITRIX and its suppliers’ entire liability and your exclusive remedy under this warranty (which is provided subject to you returning the SOFTWARE to CITRIX or an authorized reseller) will be, at the sole option of CITRIX and subject to applicable law, to replace the media and/or SOFTWARE or to refund the purchase price and terminate this AGREEMENT. This limited warranty does not cover any modification of the SOFTWARE by you or related issues. CITRIX will provide the Licenser 'As Is'. 5.2Saas control plane, technical support and consulting services requested by you in a professional and workmanlike manner, but as to technical support and consulting services, CITRIX cannot guarantee that every question or problem raised by you will be resolved or resolved in a certain amount of t ime. Citrix does not warrant in any form the results or achievements of the technical support or consulting services or related deliverables. With respect to all services, CITRIX and its suppliers’ entire liability and your e xc lusive remedy under this warranty is restoration of or re-performance of the services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, THE LICENSER DISCLAIMS ALL CITRIX AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES AND OR CONDITIONS, EITHER EXPRESS EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE; AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND MAINTENANCE ANY CONDITIONS OF QUALITY, A VAILA BILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF TITLE, QUIET ENJOYM ENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES SOFTWARE IS NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE DESIGNED, MANUFACTURED, OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE INTENDED FOR USE OR PERFORMANCE DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE LICENSEE. THIS LIMITED WARRANTY GIVES INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONSOFTWARE AND HARDWARE. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1. The (a) Tenable warrants that, for a period of thirty (30) days from the Order Date of Software is provided by (the Licenser 'As Is'“Software Warranty Period”), the unmodified Software will, under normal use, substantially perform the functions described in its technical documentation. 5.2(b) If You will be using a physical Appliance, Tenable warrants to You that, for a period of one (1) year after shipment (the “Appliance Warranty Period”), the Appliance will be free from defects in materials and workmanship. (c) ALL SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED BY TENABLE IN CONNECTION WITH ANY SERVICES PERFORMED UNDER THIS AGREEMENT ARE FURNISHED ON AN “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED FOREGOING EXPRESS WARRANTIES REPLACE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS BY APPLICABLE LAWTHE PARTIES, THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONSWHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGOR STATUTORY, BUT NOT LIMITED TO, IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWAREINTEGRATION, PERFORMANCE AND THE PROVISION ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR FAILURE TO PROVIDE SUPPORT SERVICESUSAGE OF TRADE. TENABLE MAKES NO WARRANTY THAT ANY SOFTWARE OR APPLIANCE WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL WARRANTY MADE BY TENABLE MAY BE ERROR FREE VOIDED BY YOUR ABUSE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONMISUSE. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1You warrant and represent that (a) Your Software and any other materials You provide, create or develop that relate to an API or App or their respective uses do not and will not violate, misappropriate or infringe the intellectual property rights of any person or entity and (b) You have all rights necessary to provide the data and information You provide to Xxxxxx Xxx. The Software is provided by the Licenser 'As Is'. 5.2THE APIs, APPS, XXXXXX XXX CONTENT AND ALL RELATED SOFTWARE, DOCUMENTATION AND RELATED MATERIALS ARE PROVIDED TO YOU ‘AS IS’ WITHOUT REPRESENTATIONS, WARRANTIES OR PROMISES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER XXXXXX XXX DISCLAIMS ALL WARRANTIES AND CONDITIONSWARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTIES OF TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, INFRINGEMENT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICESQUIET ENJOYMENT. THE LICENSER XXXXXX XXX DOES NOT WARRANT THAT ALL OR ANY PORTION OF THE SOFTWARE APIs, APPS, XXXXXX XXX CONTENT, AND RELATED SOFTWARE, DOCUMENTATION AND MATERIALS WILL PERFORM WITHOUT INTERRUPTION OR ERROR OR IN COMPLIANCE WITH LAWS, THAT ALL PERFORMANCE INCIDENTS WILL BE ERROR CORRECTED, THAT THEY WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE CONFIGURATION WHICH YOU MAY SELECT FOR USE, OR THAT THE XXXXXX XXX CONTENT WILL BE CURRENT, ACCURATE, ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTIONCOMPLETE. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1Subject to the conditions and limitations on liability stated herein, Tantau warrants for a period of thirty (30) days from the delivery of the initial copy of each type of Program hereunder that such Program, as so delivered, will materially conform to the then-current Documentation. The Software is provided by In addition, Tantau warrants the Licenser 'As Is'. 5.2media on which Licensed Product(s) are contained will be free of defects under normal use for a period of thirty (30) days following delivery thereof. This warranty covers only problems reported to Tantau during the warranty period. ANY LIABILITY OF TANTAU WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPROGRAM(S) OR THE PERFORMANCE THEREOF OR DEFECTS THEREIN UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN TANTAU'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONSPROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES CONDITION OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER TANTAU DOES NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SOFTWARE PROGRAM(S) WILL BE ERROR FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL OPERATE WITHOUT INTERRUPTION. BE UNINTERRUPTED OR REGARDING THE ENTIRE RISK ARISING OUT USE, OR THE RESULTS OF THE USE OR PERFORMANCE USE, OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERSPROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECTACCURACY, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE RELIABILITY OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE. Client understands that Tantau is not responsible for and will have no liability for hardware, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGEsoftware, or other items or any services provided by any persons other than Tantau. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1ABB Oy warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the distribution media on which the program is furnished under normal use will be free from defects in materials and workmanship and the program under normal use will perform without significant errors that make it unusable. The Software ABB Oy’s entire liability and your exclusive remedy under this warranty (which is provided by subject to your returning the Licenser 'As Is'. 5.2program to ABB Oy with a copy of your receipt) will be, at ABB Oy’s option, to attempt to correct or help you around errors with efforts which ABB Oy believes suitable to the problem, to replace the program or distribution media with functionally equivalent software or distribution media, as applicable, or to refund the purchase price and terminate this Agreement. TO EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWABOVE EXPRESS LIMITED WARRANTIES, THE LICENSER DISCLAIMS ALL ABB OY MAKES AND YOU RECEIVE NO WARRANTIES AND OR CONDITIONS, EITHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDIN ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ABB Oy does not warrant that the operation of the program will be uninterrupted or error free. IN NO EVENT SHALL ABB OY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES LOSS OF MERCHANTABILITYDATA, FITNESS FOR A PARTICULAR PURPOSELOST PROFITS OR OPERATIONS, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION COST OF CAPITAL OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDINGOR LOSSES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF LEGAL THEORY. THIS SOFTWARE, LIMITATION WILL APPLY EVEN IF ABB OY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. YOU ACKNOWLEDGE THAT THE LICENCE FEE REFLECTS THIS ALLOCATION OF RISK. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.1. The (a) Except with respect to any Sample Application Code, Trial Version and Not For Resale Version of the Software, Macromedia warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is provided by the Licenser 'As Is'furnished will be free from defects in materials and workmanship under normal use. 5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW(b) MACROMEDIA PROVIDES NO REMEDIES OR WARRANTIES, THE LICENSER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGFOR ANY SAMPLE APPLICATION CODE, BUT TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". (c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED TOWARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, IMPLIED TRIAL VERSION AND NOT FOR RESALE VERSION, MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLE, AND THERE IS NO WARRANTY OF NON-INFRINGEMENTINFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Macromedia does not warrant that the Software is error-free or will operate without interruption. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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. Macromedia specifically disclaims any express or implied warranty of fitness for such purposes. (d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH REGARD RESPECT TO THE SOFTWARE, AND ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PROVISION DATE OF OR FAILURE DELIVERY. (e) No oral or written information or advice given by Macromedia, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN. (f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEEYOU. THIS LIMITED WARRANTY GIVES THE LICENSEE YOU SPECIFIC LEGAL RIGHTS. THE LICENSEE RIGHTS AND YOU MAY ALSO HAVE OTHERS, WHICH OTHER LEGAL RIGHTS THAT VARY FROM STATE/JURISDICTION STATE TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.

Warranty and Disclaimer. 5.110.1. The Software is provided Warranty and duration 10.2. Customer remedies 10.3. Warranty Exclusions 10.3.1. Accident or neglect by the Licenser 'As Is'.Customer or any third party ; 5.210.3.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAny third party items or serv ices with which the Sof tware is used or other causes bey ond Authlogics’s control; 10.3.3. Installation, THE LICENSER DISCLAIMS operation or use not in accordance with Authlogics’s instructions or the applicable Documentation; 10.3.4. Use in an env ironment, in a manner or f or a purpose f or which the Sof tware was not designed; or 10.3.5. Modif ication, alteration or repair by any one other than Authlogics or its authorised representativ es. Authlogics has no obligation whatsoev er f or Sof tware installed or used bey ond the licenced use or whose original identif ication marks hav e been altered or remov ed. Except f or the warranties stated in this Agreement or in applicable Product Notices, and to the maximum extent permitted by law, AUTHLOGICS, ITS OFFICERS, DIRECTORS, EMPLOY EES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGWRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH REGARD TO THE SOFTWARE, SOFTWARE AND THE PROVISION OF CUSTOMER’S USE THEREOF. AUTHLOGICS MAKES NO WARRANTIES OR FAILURE TO PROVIDE SUPPORT SERVICES. REPRESENTATIONS ABOUT THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE ACCURACY OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE COMPLETENESS OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH OR THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.CONTENT

Warranty and Disclaimer. 5.1TQ warrants that, for a period of thirty (30) days from the date the TQ Software is made available to You for download or delivered on a fixed media (as the case may be, the “Warranty Period”), the unmodified TQ Software will, under normal use, substantially perform the functions described in its Documentation, and that the unmodified Hardware will, under normal use, be free of substantial defects in materials and workmanship. The foregoing warranty does not apply if the TQ Software or Hardware (i) has been altered, except by TQ or its authorized representative; (ii) has not been installed, operated, repaired or maintained in accordance with the Documentation and/or instructions supplied by TQ; (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence or accident by You; or (iv) is provided by licensed for beta, evaluation, testing or demonstration purposes. If a court of competent jurisdiction determines that the Licenser 'As Is'. 5.2statutory warranty periods of such jurisdiction apply rather than the Warranty Period referenced above, then such statutory warranty periods will control only in the event of a conflict with the terms of this Section 10. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT AS EXPRESSLY WARRANTED IN THIS SECTION 10, THE LICENSER TQ PRODUCTS (INCLUDING, ANY EVALUATION AND BETA PRODUCTS), AND ANY OTHER DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED BY TQ ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND TQ EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONSOF ANY KIND OR NATURE, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEOR THE ABSENCE OF ANY DEFECTS THEREIN, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF WHETHER LATENT OR FAILURE TO PROVIDE SUPPORT SERVICESPATENT. THE LICENSER TQ PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. TQ PRODUCTS ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE- SUPPORT SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, PHYSICAL INJURY OR PROPERTY DAMAGE. NO WARRANTY IS MADE BY TQ ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. TQ DOES NOT WARRANT THAT THE SOFTWARE APPLIANCE, THE LICENSED MATERIALS OR ANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE ERROR FREE UNINTERRUPTED OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYERROR-FREE, OR CONSEQUENTIAL DAMAGES (INCLUDINGTHAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT TQ’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BUT NOT LIMITED TOANY THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. TQ’s sole obligation and liability, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing and Your sole and exclusive remedy under the importance of The Software to the Licensee, the Licenser will attempt to fix the errors discovered warranties set forth in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility this Section 10 shall be for TQ to use commercially reasonable efforts to remedy the problem, or to replace the defective Hardware and/or the TQ Software, if TQ is notified in writing of The Softwareall warranty problems during the applicable warranty period.

Warranty and Disclaimer. 5.17.1. The With respect to Software, NPI warrants for a period of thirty (30) days from Customer's first acquisition of Software is provided by that such Software will materially conform to NPI's then current user Documentation for such Software. This warranty covers only problems reported to NPI during the Licenser 'As Is'warranty period. ANY LIABILITY OF NPI WITH RESPECT TO THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO SOFTWARE REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN NPI'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE. EXCEPT FOR THE FOREGOING, ALL SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, NPI DOES NOT WARRANT RESULTS OF USE, THAT THE SOFTWARE IS BUG FREE OR THAT CUSTOMER'S USE WILL BE UNINTERRUPTED. 5.27.2. TO NPI may provide Customer with a preproduction release of the Software (often labeled "beta release"). These releases are not suitable for commercial use. Such releases are provided on an "AS IS" basis. NPI does not warrant preproduction releases. 7.3. With respect to Professional Services, NPI, EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY EXPRESS WARRANTIES STATED IN THE APPLICABLE LAWORDER SCHEDULE, THE LICENSER IF ANY, DISCLAIMS ALL WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLEand the stated express warranties, AND NON-INFRINGEMENTif any, WITH REGARD TO THE SOFTWAREare in lieu of all other obligations or performance liabilities arising out of, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5.4. Recognizing the importance of The Software to the Licenseeor in connection with, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning rendering of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The SoftwareProfessional Services hereunder.