Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the materials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period10.1 WITHOUT LIMITING ANY GUARANTEE, if there is any defect in the materials or workmanship with respect to the mediaCONDITION, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYSTERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON RAMPIVA DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE MEDIA, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RAMPIVA DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. 10.2 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDEDTERM. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON10.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAMPIVA, ITS EMPLOYEESDEALERS, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERPROVIDED HEREIN. d10.4 Remedy. If the Product does not perform in accordance with any warranty implied by law that cannot be excluded as provided in Section 10, and Licensee provides written notice to Rampiva during the applicable warranty period, Rampiva’s entire liability and Licensee’s sole and exclusive remedy will be for Rampiva to either (at Rampiva’s option) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYcorrect, TORTrepair or replace the Product or refund a prorated (based upon the time remaining in the license term) portion of the applicable License Fee. Any corrected, 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 AGREEMENTrepaired or replaced Product will be warranted for the remainder of the original warranty period. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty Replay Networks warrants that the SOFTWARE is recorded on a media that is ----------------------- Products will conform to Specifications and will be free from defect defects in materials material and workmanship under normal use and conditions for a period of ninety (90) days [***] from the date of delivery sales to end-users from PCEC subject to repair with no charge of labor costs, and [***] from the date of sales to end-users from PCEC, subject to repair with no charge for materials, parts and components; provided, however, that in no -------- -------- event shall Replay Networks have any warranty obligation for (i) labor costs more than [***] after shipment to PCEC, or (ii) materials, parts and components more than [***] after shipment to PCEC. This express limited warranty does not apply to (a) materials consigned or supplied by MKE to Replay Networks or the Contract Manufacturers, (b) defects resulting from MKE's contributions to the design of the SOFTWARE as evidenced Products or from MKE Requested Changes; or (c) Product that has been abused, damaged, altered or misused by any person or entity after the original receipttitle passes to MKE. During this period, if there is any defect in the materials or workmanship with With respect to first articles, prototypes, pre-production units, test units or similar Products, Replay Networks makes no representations or warranties whatsoever. Upon any failure of Product to comply with the mediaabove warranty, you may return it Replay Network's sole obligation and MKE's sole remedy, is for Replay Networks to have the Contract Manufacturer (or Replay Networks' designated repair vendor), at Replay Networks' option, promptly repair or replace such Product pursuant to the Nikon authorized dealer who supplied itprovisions of Section 13(b). EXCEPT FOR THE FOREGOING EXPRESSLY STATED WARRANTIES, together with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY REPLAY NETWORKS MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE DOWNLOADED SOFTWARE. b) THE LIMITED PRODUCTS COVERED BY THIS AGREEMENT. REPLAY NETWORKS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty 4.1 Subject to each of the other provisions hereof, the Licensor warrants, solely to Licensee, that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions for a period of ninety sixty (9060) days from after the date Product is initially Delivered to Licensee (the “Warranty Period”), the Product, (and in the case of delivery an On-Premise Subscription when installed properly) will be capable of functioning substantially in accordance with the Specifications. 4.2 The warranty provided in Section 4.1 will not apply if: (i) Licensee fails to notify the Licensor during the Warranty Period of any such breach; or (ii) in the case an On-Premise Subscription (A) Licensee modifies the Product or any portion thereof or (B) Licensee fails to implement all Updates to the Product made available at no charge to Licensee during the Warranty Period. 4.3 If the Licensor breaches the warranty set forth in Section 4.1, Licensee’s sole and exclusive remedy, and the Licensor’s sole obligation, shall be to remedy such breach as set forth in this Section. At the sole discretion of the SOFTWARE Licensor, the Licensor will, at its expense, either: (i) repair or replace the defective Product to enable it to perform substantially in accordance with the Specifications; or (ii) terminate this Agreement and refund to Licensee the fees paid by Licensee to the Licensor for the defective Product. 4.4 The Product and Services are not designed or intended for use or resale in hazardous environments requiring fail-safe performance, such as evidenced by the original receipt. During this period, if there is any defect in the materials operation of nuclear facilities, air traffic control, or workmanship with respect direct life support machines, in which the failure of the Product or Services could lead directly to the mediadeath, you may return it to the Nikon authorized dealer who supplied itpersonal injury, together with your original receiptor severe physical or environmental damage (“High Risk Activities”). Accordingly, and such media will be repaired HDF Group specifically disclaims any express or replaced free implied warranty of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWAREfitness for High Risk Activities. b) THE LIMITED WARRANTIES 4.5 EXCEPT AS SET FORTH IN SECTION 5 a) EXTEND 4.1, LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ORIGINAL LICENSEE ONLY ANY PRODUCTS, SERVICES, DOCUMENTATION OR OTHER TANGIBLE OR INTANGIBLE MATERIALS PROVIDED UNDER THIS AGREEMENT, AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSEHEREBY DISCLAIMS ANY OTHER EXPRESS AND ANY IMPLIED WARRANTIES, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY 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 OR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO LICENSOR DOES NOT WARRANT THAT THE PERFORMANCE OF PRODUCT, SERVICES OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, DOCUMENTATION PROVIDED UNDER THIS AGREEMENT WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE OR THAT THE SOFTWARE SUCH PRODUCT OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SUCCEED IN RESOLVING 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERPROBLEM. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides ASTRIS gives no warranty with respect to the workmanship, merchantability or fitness for a limited media warranty particular purpose of the ASTRIS power generators where same have been incorporated into any product produced by TROPICAL. TROPICAL acknowledges the developmental and/or experimental nature of the products and that as a result of such nature the SOFTWARE is recorded on a media that is free from defect products have not been approved or certified in any manner by any independent third party or governmental regulatory authority or body, and TROPICAL agrees to take all necessary precautions suitable for handling such early stage technology. ASTRIS warrants the products solely to TROPICAL and solely against defects in workmanship and materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery to TROPICAL (“Warranty Period”). All warranty claims must be requested of ASTRIS prior to the expiration of the SOFTWARE as evidenced by the original receiptapplicable Warranty Period. During TROPICAL may not transfer this period, if there is any defect in the materials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receiptwarranty. TROPICAL’s sole remedy, and such media will ASTRIS’ sole liability for a covered warranty defect shall be repaired for ASTRIS, at its sole discretion, to either repair or replaced free replace the defective product at no charge, or to refund the price for the affected product. These warranties are void if the applicable product has been altered in any way or damaged by accident, misuse or abuse, including, but not limited to, the use of chargeunauthorized third party software or repairs, power surges, excessive heat or humidity. If you ship the SOFTWARE ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costsTROPICAL. THE LIMITED MEDIA PRECEEDING WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b(I) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT ANY SOFTWARE COMPONENTS OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR ACCIDENT. WITH THE PRODUCT; (III) ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY IMPLIED WARRANTY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS (THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TO THE LICENSEE ON AN AS IS BASIS. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ASTRIS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 REMEDIES SET FORTH HEREIN SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES THE SOLE AND EXCLUSIVE REMEDIES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) 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 TROPICAL 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 AGREEMENTDEFECTIVE PRODUCT. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media Seller makes no warranty of any kind, express or implied, with regard to Products sold by Seller hereunder except that the SOFTWARE is recorded on a media that is such Products conform to Seller’s specifications and will be free from defect defects in materials workmanship and workmanship under normal use and conditions for a period of ninety (90) days from material at the date time of delivery of the SOFTWARE as evidenced by the original receiptto Customer. During this periodSeller’s sole obligation and liability for, if there is any defect in the materials or workmanship and Customer’s exclusive remedy with respect to any Product which, in Seller’s judgment, fails to meet such warranty shall be, at Seller’s option, either to repair or replace such Product at the mediadelivery point specified herein at no charge to Customer or to issue Customer a credit for any such Product in the amount of the original invoice price. Such obligation shall be conditioned upon receipt by Seller of written notice from Customer of any alleged nonconformance to specifications within 30 days after delivery to Customer and of any alleged defect in material or workmanship within 30 days after Customer discovers or through the exercise of reasonable diligence should have discovered such defect. Claims must be made promptly within such period(s) and Seller must be given a reasonable opportunity to investigate and cure such nonconformance or defect. Products that Seller consents or directs in writing to be returned shall be returned to Seller, you may freight prepaid, F.O.B. Seller’s warehouse or other destination directed by Seller in accordance with Seller’s standard return it policies. The foregoing warranty shall not apply to any Products that have been repaired other than with Seller’s authorization and by Seller’s approved procedures, that have been subjected to misuse, abuse, improper maintenance, negligence or accident, that have been damaged by excessive physical or electrical stress, or that have had a serial number or any part thereof altered, defaced or removed. Customer agrees that any technical advice furnished by Seller with reference to the Nikon authorized dealer who supplied ituse of the Products is provided without warranty, together with your original receiptduty or compensation of any kind, and Seller assumes no obligation or liability therefor, all such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, advice being given and delivery costsaccepted strictly “AS IS” and at Customer’s sole risk. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY FOREGOING WARRANTIES ARE EXCLUSIVE AND SELLER MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER TO CUSTOMER, ITS END-USERS OR ANY THIRD PARTIES WITH RESPECT TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY PRODUCTS AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSEHEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERPURPOSE. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty Xxxxxx Tools, Inc. warrants to each original Buyer of Products manufactured by Xxxxxx Tools, Inc. that the SOFTWARE is recorded on a media that is such Products are free from defect in materials of material and workmanship under normal use and conditions defects for a period of ninety (90) days 1 year from the date of delivery of the SOFTWARE as evidenced by the original receiptshipment. During this period, if there No warranty is any defect in the materials or workmanship made with respect to (a) any Product which has been repaired or altered in such a way, (a) in Xxxxxx Tools, Inc.’s judgment, as to affect the mediaProduct adversely; (b) any Product which has, you may return it in Xxxxxx Tools Inc. judgment, been subject to negligence, accident or improper storage; (c) any Product which has not been operated and maintained in accordance with normal practice and in conformity with recommendations and published specifications of Xxxxxx Tools, Inc.; and (d) any Products, component parts or accessories manufactured by others but supplied by Xxxxxx Tools, Inc. (claims on items not manufactured by Xxxxxx Tools, Inc. should be directed directly to the Nikon authorized dealer who supplied itmanufacturer thereof). To validate the warranty, together Buyer must furnish Proof of Purchase with your original receiptshipment date. Xxxxxx Tools, Inc.’s warranty with respect to Products manufactured by it is limited to the repair or replacement, as Xxxxxx Tools, Inc. may elect, of any defective part. In addition, Buyer must give Xxxxxx Tools, Inc., written notice of such defect within 5 days of its discovery. Installation and such media transportation costs are not included. Xxxxxx Tools, Inc. shall have the option of requiring the return of the defective material, transportation prepaid, for inspection. No allowance will be repaired or replaced free of chargemade for repairs without Xxxxxx Tools, Inc.'s written approval. If you ship the SOFTWARE to your Nikon authorized dealerXXXXXX TOOLS, you must pay all postageINC. MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, shippingEXPRESSED OR IMPLIED, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED AND HEREBY DISCLAIMS ALL WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY OF MERCHANTABILITY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) IN NO EVENT SHALL XXXXXX TOOLS INC. BE LIABLE FOR SPECIAL, ARE LIMITED TO THE DURATION INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (REGARDLESS OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWTORT, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASISINCLUDING NEGLIGENCE), WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY LOST PROFITS OR OPPORTUNITIES, DOWNTIME OF MERCHANTABILITYMANUFACTURING PLANTS OR MACHINERY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLOSS OF GOODWILL, NIKONETC.; NOR SHALL XXXXXX TOOLS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 INC.’S LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL CLAIMS OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE DAMAGE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, 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 CONNECTED WITH THIS AGREEMENT AND NO OR THE MANUFACTURE, SALE, DELIVERY OR USE OF THE SOFTWARE IS AUTHORIZED EXCEPT PRODUCTS OR PARTS EXCEED THE PURCHASE PRICE OF SUCH PRODUCTS OR PARTS. THIS LIMITATION ON XXXXXX TOOLS INC.'S LIABILITY SHALL APPLY TO ANY LIABILITY FOR DEFAULT UNDER THIS DISCLAIMER. d) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYOR IN CONNECTION WITH THE PRODUCTS OR PARTS DELIVERED HEREUNDER, TORTWHETHER BASED ON WORKMANSHIP, CONTRACT LATE DELIVERY, FAILURE OF DELIVERY, OR OTHERWISE, . THIS CLAUSE SHALL NIKON NOR ANY SURVIVE THE FAILURE 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 LAWAN EXCLUSIVE REMEDY. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.Custom + Engineered + Precision

Warranty and Disclaimer. a) Nikon provides Fable shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials manner which minimizes errors and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect interruptions in the materials Services. Services may be temporarily unavailable for scheduled maintenance or workmanship with respect for unscheduled emergency maintenance, either by Fable or by third-party providers, or because of other causes beyond Fable’s reasonable control, but Fable shall use reasonable efforts to the mediaprovide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of chargeXXXXX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWSECTION, THE SOFTWARE IS SERVICES ARE PROVIDED ON AN "“AS IS" BASIS” AND FABLE DISCLAIMS ALL WARRANTIES, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWFable shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, NIKONprovided Xxxxx is promptly notified of any and all threats, ITS EMPLOYEESclaims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Fable will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Fable, DISTRIBUTORS(ii) made in whole or in part in accordance with Customer specifications, DEALERS(iii) that are modified after delivery by Fable, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE(iv) combined with other products, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTEDprocesses or materials where the alleged infringement relates to such combination, ERROR(v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Fable to be infringing, Fable may, at its option and expense (a) replace or modify the Service to be non-FREEinfringing provided that such modification or replacement contains substantially similar features and functionality, OR FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW(b) obtain for Customer a license to continue using the Service, NEITHER NIKONor (c) if neither of the foregoing is commercially practicable, NOR ITS EMPLOYEESterminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERunused fees for the Service. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty 15.1 The Company warrants that the SOFTWARE program media of each Product will materially conform to the current Documentation for three (3) months after it is recorded on delivered to a Customer, provided the Products are maintained to the Company's maintenance recommendation in a manner specified by the Company. The Company shall replace any defective media that is free from defect in materials within such period, provided the Distributor bears the cost of freight and workmanship under normal use insurance to the point of repair. The Company will bear the cost of freight and conditions insurance for a period of ninety (90) days from the date of delivery return of the SOFTWARE as evidenced Products to the Distributor. 15.2 The Distributor will handle and be responsible for all warranty returns from its Customers. 15.3 The Company does not warrant that it will be able to correct all programming errors or other problems encountered by the original receipt. During this period, if there is any defect in Distributor and the materials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of chargeCustomers. If you ship the SOFTWARE Company cannot, or determines that it is not practical to your Nikon authorized dealerrepair or replace the returned Product, you must pay all postage, shipping, transportation, insurance, and delivery costs. the Net Revenue paid by the Distributor shall be refunded. 15.4 THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY COMPANY AND THE SUPPLIERS MAKE NO OTHER WARRANTIES WITH RESPECT TO THE DOWNLOADED SOFTWARE. b) THE LIMITED PRODUCTS OR ANY SERVICES AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY 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 PURPOSE, NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NIKONTITLE, ITS EMPLOYEESCOURSE OF DEALING, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF USAGE OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR ERROR 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROPERATION. d15.5 The above warranty does not extend to any Product that (i) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYis modified or altered, TORT(ii) is operated in a manner other than that specified by the Company, CONTRACT OR OTHERWISE(iii) has its serial number removed or altered (iv) is treated with abuse, SHALL NIKON NOR ANY OF ITS EMPLOYEESnegligence or other improper treatment (including, DISTRIBUTORSwithout limitation, DEALERS OR AGENTS HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND use outside the recommended environment) or (INCLUDING LIABILITY FOR NEGLIGENCEv) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITYis not maintained to the Company's maintenance specifications. The Distributor's sole remedy with respect to any warranty or defect is as stated above. The Distributor is fully responsible for satisfaction of its Customers and will be responsible for all claims, LOSS OR DAMAGE (INCLUDINGdamages, WITHOUT LIMITATIONsettlements, 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 AGREEMENTexpenses and attorney's fees incurred by the Company with respect to the Distributor's claims or representations regarding the Products beyond the Company's above warranty obligations to the Distributor. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty 9.1 Seller warrants to Buyer that the SOFTWARE is recorded on a media that is free from defect in materials Products delivered pursuant to this Agreement will, at the time of delivery and workmanship under normal use and conditions for a period of ninety twelve (9012) days months thereafter, be free from defects in design, construction, manufacture, material and workmanship and shall conform to the date of delivery of the SOFTWARE as evidenced by the original receiptSpecifications. During this period, if there is any defect in the materials or workmanship Seller's obligations with respect to claims under this warranty shall include a warranty adjustment consisting, at Buyer's option, of (i) repair or replacement of such defective or non-conforming Products, or (ii) an appropriate credit of the mediapurchase price thereof; provided that Seller is informed by Buyer in writing promptly after the defects have revealed themselves. 9.2 The provisions of this Article 9 will survive the expiration or termination for whatever cause of this Agreement. 9.3 This limited warranty and disclaimer does not cover (i) damage sustained by normal wear and tear; (ii) damage arising as a consequence of negligence, you may misuse or improper storage, installation, repair, alteration, or return it to handling of the Nikon authorized dealer who supplied itProducts or parts thereof, together with your original receiptother than by Seller; (iii) damage resulting from environmental or stress testing, other than by Seller; (iv) and such media will be repaired or replaced free damage arising as a consequence of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costscontinuous operating beyond Seller's published Product specifications. THE LIMITED MEDIA EXPRESS WARRANTY IN THIS SECTION 5 DOES GRANTED ABOVE SHALL EXTEND DIRECTLY TO BUYER AND NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY BUYER'S CUSTOMERS, AGENTS OR REPRESENTATIVES OR ANY OTHER THIRD PARTY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED EXCEPT FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KINDTITLE, AND NIKONIS IN LIEU OF ALL OTHER WARRANTIES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWMERCHANTABILITY, NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, AND AGENTS DO NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMEROTHER WARRANTIES BEING SPECIFICALLY DISCLAIMED BY SELLER. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. 10.1 Each party represents and warrants that: (a) Nikon provides a limited media warranty it has full power to enter into this Agreement and to grant to the other party the rights granted to such other party under this Agreement; (b) it has obtained all necessary corporate approvals to enter into and execute this Agreement; and (c) its entering into this Agreement and performance of obligations under this Agreement will not in any way conflict or violate any duty that the SOFTWARE is recorded it may have to any other person or entity, or under any agreement and/or commitment on a media its part. 10.2 DataRails warrants that is free from defect in materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of DataRails’ delivery of the SOFTWARE as evidenced by Service will meet the original receipt. During this period, if there is any defect requirements set forth in the materials or workmanship with respect Service Level Agreement attached to the mediaOrder Form. Company’s sole and exclusive remedy (and DataRails’ entire liability) for any breach of the warranty set forth in this Section 10.2 will be as set forth in the Service Level Agreement. 10.3 Except for as expressly provided in this Agreement, you may return it to the Nikon authorized dealer who supplied it, together with your original receiptService is provided on an “as is” and “as available” basis, and such media will be repaired without warranties of any kind either express or replaced free implied. Company assumes all responsibility for the selection of chargethe Service to achieve Company’s intended results. If you ship the SOFTWARE to your Nikon authorized dealerDATARAILS HEREBY DISCLAIMS ALL WARRANTIES, you must pay all postageEXPRESS OR IMPLIED, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY 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 DATARAILS DOES NOT WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED, ERROR-ERROR FREE, OR FREE OF VIRUSESTHAT DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWDATARAILS DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY INFORMATION, 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 INTERRUPTIONRESULTS, OR OTHERWISE ARISING OUT OF OR RESULTING FROM ADVICE THAT COMPANY OBTAINS THROUGH THE SOFTWARESERVICE. Applicable law may not allow the exclusion of certain warranties, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERso to that extent such exclusions may not apply. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty that Seller represents and warrants to Buyer that: a. At Delivery, Seller will have good legal and beneficial title to the SOFTWARE Inventory and have full power and lawful authority to transfer such title to Buyer. Buyer is recorded on a media that is free from defect not assuming any liabilities or obligations associated with said Inventory, whether known or unknown, contingent or realized, except for liabilities set forth specifically in materials this Agreement. b. At Delivery, the Inventory will be subject to no mortgage, pledge, lien, charge or other encumbrance (collectively the "Liens"). c. Inasmuch as the Seller has agreed to duly pay, perform and workmanship under normal use discharge any liabilities and conditions for a period of ninety (90) days from obligations associated with the date of delivery Inventory, the Buyer and the Seller hereby mutually agree to waive compliance with the provisions of the SOFTWARE as evidenced by the original receipt. During this periodFlorida Bulk Sales laws, if there is any defect in the materials or workmanship with respect to the media, you may return it extent applicable to the Nikon authorized dealer who supplied ittransactions contemplated hereby. The Seller covenants and agrees to indemnify and save harmless the Buyer from and against any and all loss, together liability, cost and expense (including reasonable attorneys' fees) arising out of noncompliance with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWAREsaid Bulk Sales laws. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWd. EXCEPT AS OTHERWISE STATED HEREIN, THE SOFTWARE IS PROVIDED ON AN INVENTORY, 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 SPECIFICAL LY DISCLAIM ANY WARRANTY GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, THAT SHALL SURVIVE DELIVERY AS TO THE INVENTORY 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 SOFTWARESTRICT LIABILITY TORT CLAIMS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS FOR LOSS OF USE, REVENUE OR THAT THE OPERATION OF THE SOFTWARE 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 DIRECT, 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERINVENTORY OR ANY INABILITY TO USE THE INVENTORY EITHER SEPARATELY OR IN COMBINATION WITH OTHER PARTS OR APPARATUS OR FROM ANY OTHER CAUSE. Buyer acknowledges that the foregoing waiver 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) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYe. Seller makes no representation as to what use or application may be made of the Inventory in the condition in which the Inventory is delivered. Further, TORTSeller makes no representation as to whether the Inventory complies with, CONTRACT OR OTHERWISEor is capable of being modified so as to comply with, SHALL NIKON NOR ANY OF ITS EMPLOYEESany present or future environmental restrictions or requirements imposed by any governmental entity, DISTRIBUTORSincluding, 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 LIABILITYbut not limited to, LOSS OR DAMAGE (INCLUDINGrequirements with respect to noise abatement and emission control. Buyer shall have the responsibility of obtaining whatever certifications, WITHOUT LIMITATIONwaivers or exemptions are necessary from applicable government agencies for projected uses or applications of the Inventory. Additionally, 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 AGREEMENTSeller makes no representations as to the fair market value of the Inventory. e) Nikon hereby reserves f. To the right best of Seller's knowledge, the Inventory has not been involved in an incident or accident. g. To the best of Seller's knowledge at Delivery, the Inventory will meet all of the manufacturer's specifications applicable to modifysuch Inventory, adaptand all Inventory has been manufactured by or approved by the FAA for manufacture by a company under a Parts Manufacturer Approval. h. Seller shall provide material certification for all inventory either individually or by lot, translate as agreed between the parties. i. After the conclusion of this transaction, Seller shall cease doing any aviation business, whether sales, leasing or improve the SOFTWARE at any timeotherwise.

Warranty and Disclaimer. a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the materials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY 8.1 TO THE DOWNLOADED SOFTWARE. b) FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAMPIVA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RAMPIVA DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. 8.2 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDEDTERM. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON8.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAMPIVA, ITS EMPLOYEESDEALERS, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERPROVIDED HEREIN. d8.4 Remedy. If the Product does not perform in accordance with any warranty implied by law that cannot be excluded as provided in Section 8, and Reseller provides written notice to Rampiva during the applicable warranty period, Rampiva’s entire liability and Reseller’s sole and exclusive remedy will be for Rampiva to either (at Rampiva’s option) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYcorrect, TORTrepair or replace the Product or refund a prorated (based upon the time remaining in the license term) portion of the applicable license fee. Any corrected, 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 AGREEMENTrepaired or replaced Product will be warranted for the remainder of the original warranty period. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions Licensor warrants that, for a period of ninety thirty (9030) days from the date Subject7 is made available to Licensee for download or delivered on a fixed media (as the case may be, the “Warranty Period”), Subject7 will, under normal use, substantially perform the functions described in its Documentation. The foregoing warranty does not apply if Subject7 (i) has been altered, except by Licensor or its authorized representative; (ii) has not been installed, operated, repaired or maintained in accordance with the Documentation and/or instructions supplied by Licensor; (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence or accident by Licensee; or (iv) is licensed for beta, evaluation, testing or demonstration purposes. If a court of delivery competent jurisdiction determines that the statutory warranty periods of such jurisdiction apply rather than the SOFTWARE as evidenced by the original receipt. During this periodWarranty Period referenced above, if there is any defect then such statutory warranty periods will control only in the materials or workmanship event of a conflict with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free terms of chargethis Section 6. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY EXCEPT AS EXPRESSLY WARRANTED IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY 6, SUBJECT7 ™ AND ANY OTHER DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED BY LICENSOR ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIA, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDED. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "“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 SPECIFICAL LY 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, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, 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 THAT SUBJECT7 ™ OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWAREANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR THAT THE SOFTWARE TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE THEREOF WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSESTHAT ALL ERRORS WILL BE CORRECTED. LICENSEE ACKNOWLEDGES THAT LICENSOR’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR LICENSEE’S BENEFIT ONLY. NOTWITHSTANDING ANYTHING 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. d) 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 CONTRARY IN THIS AGREEMENT, ANY THIRD PARTY PRODUCTS INCLUDED IN SUBJECT7 ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. Licensor’s sole obligation and liability, and Licensee’s sole and exclusive remedy under the warranties set forth in this Section 6 shall be for Licensor to use commercially reasonable efforts to remedy the problem if Licensor is notified in writing of all warranty problems during the applicable warranty period. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty Seller warrants that the SOFTWARE is recorded on a media that is Products and associated Seller's software will be free from defect in materials defects for one (1) year from date of shipment to Buyer. Products purchased from Seller which do not comply with the warranty and workmanship under normal use and conditions for a are identified to Seller during such period (with proof of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period, if there is any defect in the materials or workmanship with respect to the media, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media purchase) will be repaired or replaced free if promptly returned to Seller after such identification in accordance with the return procedures described in Section 4. Significant --------- "bugs" and failures of chargethe Products and associated Seller software to conform to the Specifications will be promptly corrected at Seller's sole cost. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY PRODUCTS AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE MEDIADISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. The above warranty does not extend to any Product if and to the extent that problems with the Product arise as a result of the installation of Buyer's software, ARE LIMITED TO THE DURATION OF THE ABOVE LIMITED WARRANTIESis not maintained to Seller's maintenance recommendations, is operated, handled or stored in a manner other than that specified by Seller, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDEDExpendable items such as electrodes, sensors, transducers, patient cables, etc. c, are also warranted for ninety (90) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWdays. Buyer's sole remedy with respect to any warranty or defect is as stated above (unless Buyer purchases extended warranty coverage from Seller at mutually agreed upon terms) and Buyer shall not otherwise have a right of return. Buyer is responsible for satisfaction of its customers and will be responsible for all claims, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASISdamages, WITHOUT WARRANTY OF ANY KINDsettlements, AND NIKONexpenses and attorneys fees incurred by Seller with respect to Buyer's customers or their claims beyond Seller's above warranty obligation to Buyer; provided, ITS EMPLOYEEShowever, DISTRIBUTORSthat Seller -------- ------- shall indemnify Buyer for all Losses incurred by Buyer arising from, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM ANY WARRANTY OF ANY KINDor in connection with, 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERthe use of the Products in a manner consistent with Seller's operating specifications. d) 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. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

Warranty and Disclaimer. a) Nikon provides a limited media warranty that the SOFTWARE is recorded on a media that is free from defect in materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery of the SOFTWARE as evidenced by the original receipt. During this period12.1 WITHOUT LIMITING ANY GUARANTEE, if there is any defect in the materials or workmanship with respect to the mediaCONDITION, you may return it to the Nikon authorized dealer who supplied it, together with your original receipt, and such media will be repaired or replaced free of charge. If you ship the SOFTWARE to your Nikon authorized dealer, you must pay all postage, shipping, transportation, insurance, and delivery costs. THE LIMITED MEDIA WARRANTY IN THIS SECTION 5 DOES NOT APPLY TO THE DOWNLOADED SOFTWARE. b) THE LIMITED WARRANTIES IN SECTION 5 a) EXTEND TO THE ORIGINAL LICENSEE ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THE LIMITED WARRANTIES DO NOT APPLY IF THE DEFECT OF THE MEDIA HAS RESULTED FROM MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYSTERM IMPOSED BY APPLICABLE LAW AND WHICH CANNOT BE EXCLUDED, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON RAMPIVA DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE MEDIA, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RAMPIVA DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. 12.2 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE ABOVE LIMITED WARRANTIES. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE MEDIA ON WHICH THE SOFTWARE IS RECORDEDTERM. c) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND NIKON12.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAMPIVA, ITS EMPLOYEESDEALERS, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICAL LY DISCLAIM OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF 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 SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE 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 SOFTWARE, 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 SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMERPROVIDED HEREIN. d12.4 Remedy. If the Product does not perform in accordance with any warranty implied by law that cannot be excluded as provided in Section 10, and Licensee provides written notice to Rampiva during the applicable warranty period, Rampiva’s entire liability and Licensee’s sole and exclusive remedy will be for Rampiva to either (at Rampiva’s option) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYcorrect, TORTrepair or replace the Product or refund a prorated (based upon the time remaining in the license term) portion of the applicable License Fee. Any corrected, 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 AGREEMENTrepaired or replaced Product will be warranted for the remainder of the original warranty period. e) Nikon hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.