Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. Superclick represents and warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Support, Training, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety (90) days from the delivery of the initial copy of the final version of each type of program hereunder that such program, as so delivered, will materially conform to the then-current Documentation and will be operable in accordance with its intended use. In addition, Superclick warrants the media on which Licensed Product(s) are contained will be free of defects under normal use for a period of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick during the warranty period. ANY LIABILITY OF SUPERCLICK WITH RESPECT TO THE PROGRAM(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 SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE PROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than Superclick.

Warranty and Disclaimer. Superclick represents and warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Support, Training, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick Idaero warrants for a period of ninety (90) days from after Licensee initially receives the delivery Software (the "Warranty Period") that the Software will perform under normal use substantially as described in the then current Documentation. Supplier software provided to Licensee shall be warranted as stated by the Supplier. Copies of the initial copy Suppliers' terms and conditions of warranty are available on the final version of each type of program hereunder that such programIdaero Support website. Support services shall be provided in a workmanlike and professional manner, as so delivered, will materially conform to the then-current Documentation and will be operable in accordance with its intended usethe prevailing standard of care for consulting support engineers at the time and place the services are performed. In additionXxxxxxxx's exclusive remedy and Idaero's sole liability for Software that does not meet the warranty set forth in this Section 6 shall be, Superclick warrants at Idaero's option, either (i) to correct the media on which Licensed Product(snonconforming Software within a reasonable time so that it conforms to the warranty; or (ii) are contained will to terminate this Agreement and refund to Licensee the license fees that Licensee has paid for the then current term for the nonconforming Software; provided, however that Licensee promptly notifies Idaero of the problem in writing within the applicable Warranty Period when the problem first occurs. Any corrected Software shall be free of defects under normal use warranted in accordance with Section 6 for a period of ninety (90) days following after delivery thereofto Licensee. This warranty covers only problems reported to Superclick during The warranties hereunder are void if the warranty periodSoftware has been improperly installed, misused, or if Licensee has materially violated the terms of this Agreement. IDAERO DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PRODUCTS WILL BE COMPATIBLE WITH ANY LIABILITY PARTICULAR HARDWARE OR SOFTWARE. IDAERO EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF SUPERCLICK MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE OR RESULTS OBTAINED FROM USE OF THE PRODUCTS RESTS WITH LICENSEE AND NOT IDAERO. IDAERO MAKES NO WARRANTIES WITH RESPECT TO THE PROGRAM(S) ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, 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 SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE PROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION ASPECT OF ANY KINDDESIGN, INCLUDING WITHOUT LIMITATION, ANY WARRANTY PROTOTYPE OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT FINAL PRODUCT DEVELOPED BY LICENSEE USING THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than SuperclickPRODUCTS.

Warranty and Disclaimer. Superclick represents and warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Support, Training, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants for For a period of ninety (90) days from the delivery of date the initial copy of Software is first licensed to you, the final version of each type of program hereunder that such program, as so delivered, Software will materially substantially conform to the then-current Documentation and will functionality described in the applicable documentation so long as used in the appropriate environment, as specified in the documentation. The Software is not warranted to be operable in accordance with its intended usefree from error, or to operate uninterruptedly. In addition, Superclick warrants Fuji Xerox does not warrant that every feature and all functionality of the media Software will perform in an error-free manner when printing on which Licensed Product(sa non-Fuji Xerox branded printer. (b) are contained will be free of defects under normal use for a period of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick If the Software fails during the warranty periodperiod 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. ANY LIABILITY OF SUPERCLICK WITH RESPECT 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 PROGRAM(S) OR FULLEST EXTENT PERMITTED BY LAW FUJI XEROX AND ITS LICENSORS DISCLAIM ALL OTHER EXPRESS AND IMPLIED WARRANTIES (AND THEIR EQUIVALENTS UNDER 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 SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE PROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KINDRESPECTIVE APPLICABLE LAW), INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND, FOLLOWING THE ABOVE REFERENCED WARRANTY PERIOD, THE IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEESOFTWARE MAY CONTAIN, OR MAKE BE MODIFIED TO CONTAIN, COMPUTER CODE CAPABLE OF AUTOMATICALLY DISABLING PROPER OPERATION OR FUNCTIONING OF THE SOFTWARE AND/OR THE UNIT 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 REPRESENTATIONS THAT THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE TERM OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USETHIS AGREEMENT, OR THE RESULTS OF THE USE, OF THE PROGRAM(S(C) THIS LICENSE IS TERMINATED OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEEXPIRES. Swisscom understands that Superclick is not responsible for All warranties and will have no liability for hardware, software, or other items or any services provided representations made by any persons other than SuperclickFuji Xerox, including, but not limited to, distributors, dealers, and other resellers of Fuji Xerox, are also disclaimed.

Warranty and Disclaimer. Superclick represents and warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Support, Training, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants for For a period of ninety (90) days from the delivery of date the initial copy of Software is first licensed to you, the final version of each type of program hereunder that such program, as so delivered, Software will materially substantially conform to the then-current Documentation and will functionality described in the applicable documentation so long as used in the appropriate environment, as specified in the documentation. The Software is not warranted to be operable in accordance with its intended usefree from error, or to operate uninterruptedly. In addition, Superclick warrants Fuji Xerox does not warrant that every feature and all functionality of the media Software will perform in an error-free manner when printing on which Licensed Product(sa non-Fuji Xerox branded printer. (b) are contained will be free of defects under normal use for a period of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick If the Software fails during the warranty periodperiod 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. ANY LIABILITY OF SUPERCLICK WITH RESPECT 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 Fuji Xerox' published specifications, all representations and warranties herein shall be void. (c) TO THE PROGRAM(S) OR FULLEST EXTENT PERMITTED BY LAW FUJI XEROX AND ITS LICENSORS DISCLAIM ALL OTHER EXPRESS AND IMPLIED WARRANTIES (AND THEIR EQUIVALENTS UNDER 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 SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE PROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KINDRESPECTIVE APPLICABLE LAW), INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND, FOLLOWING THE ABOVE REFERENCED WARRANTY PERIOD, THE IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEESOFTWARE MAY CONTAIN, OR MAKE BE MODIFIED TO CONTAIN, COMPUTER CODE CAPABLE OF AUTOMATICALLY DISABLING PROPER OPERATION OR FUNCTIONING OF THE SOFTWARE AND/OR THE UNIT 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 REPRESENTATIONS THAT THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE TERM OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USETHIS AGREEMENT, OR THE RESULTS OF THE USE, OF THE PROGRAM(S(C) THIS LICENSE IS TERMINATED OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEEXPIRES. Swisscom understands that Superclick is not responsible for All warranties and will have no liability for hardware, software, or other items or any services provided representations made by any persons other than SuperclickFuji Xerox, including, but not limited to, distributors, dealers, and other resellers of Fuji Xerox, are also disclaimed.

Warranty and Disclaimer. Superclick represents and warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good Fuji Xerox warrants and marketable title and property in represents that the Licensed Products (software media on which the Software is delivered to you will be free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Support, Training, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants from material defects for a period of ninety forty-five (9045) days from the delivery of the initial copy of the final version of each type of program hereunder that such program, as so delivered, will materially conform date it is delivered to the then-current Documentation and will be operable in accordance with its intended useyou. In addition, Superclick warrants the media on which Licensed Product(s) are contained will be free of defects Fuji Xerox’ sole obligation under normal use for a period of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick during the warranty periodstated herein shall be, at its election and discretion, (a) to replace media with new media which complies with such warranty or (b) provide an alternate delivery method for the Software. b) Except as expressly provided above, the Software is supplied on an “AS-IS” basis, without warranty of any kind. ANY LIABILITY OF SUPERCLICK WITH RESPECT NEITHER FUJI XEROX NOR ITS LICENSORS WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT ITS OPERATION WILL BE UNINTERRUPTED. TO THE PROGRAM(S) OR FULLEST EXTENT PERMITTED BY LAW, FUJI XEROX AND ITS LICENSORS DISCLAIM ALL OTHER EXPRESS AND IMPLIED WARRANTIES (AND THEIR EQUIVALENTS UNDER THE PERFORMANCE THEREOF OR DEFECTS THEREIN UNDER ANY WARRANTYRESPECTIVE APPLICABLE LAW), NEGLIGENCEINCLUDING, STRICT LIABILITY OR OTHER THEORY WILL BE BUT NOT LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE PROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING WITHOUT LIMITATIONTO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND, FOLLOWING THE ABOVE REFERENCED WARRANTY PERIOD, THE IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEESOFTWARE MAY CONTAIN, OR MAKE BE MODIFIED TO CONTAIN, COMPUTER CODE CAPABLE OF AUTOMATICALLY DISABLING PROPER OPERATION OR FUNCTIONING OF THE SOFTWARE AND/OR THE UNIT 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 EQUIPMENT AS PROVIDED HEREIN, (B) YOU BREACH ANY REPRESENTATIONS THAT THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE TERM OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USETHIS AGREEMENT, OR THE RESULTS (C) THIS LICENSE IS TERMINATED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN FUJI XEROX, INCLUDING, BUT NOT LIMITED TO, DISTRIBUTORS, DEALERS, AND OTHER RESELLERS OF THE USEFUJI XEROX, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than SuperclickARE ALSO DISCLAIMED.

Warranty and Disclaimer. Superclick represents and Sourcefire warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Supportthat, Training, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety (90) days from the delivery date of initial shipment of the initial copy Appliance or, in the case of Sourcefire Software separately provided to You, the final version of each type of program hereunder that such programdate the Sourcefire Software is made available to You for download or delivered on a fixed media (as the case may be, as so deliveredthe “Software Warranty Period”), will materially conform to the then-current Documentation and will be operable in accordance with its intended use. In additionunmodified Sourcefire Software will, Superclick warrants the media on which Licensed Product(s) are contained will be free of defects under normal use use, substantially perform the functions described in its Documentation. Sourcefire also warrants that for a period of ninety one (901) days following delivery thereofyear from the date of initial shipment of a new Appliance (the “Hardware Warranty Period”) that the unmodified Hardware comprising such Appliance will, under normal use, be free of substantial defects in materials and workmanship. This Neither of the aforementioned warranties apply if the Sourcefire Software or Appliance (i) has been altered, except by Sourcefire or its authorized representative; (ii) has not been installed, operated, repaired or maintained in accordance with the Documentation and/or instructions supplied by Sourcefire; (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence or accident by You; or (iv) is licensed for beta, evaluation, t esting or demonstration purposes. If a court of competent jurisdiction determines that the statutory warranty covers periods of such jurisdiction apply rather than the Software Warranty Period and Hardware Warranty Periods referenced above, then such statutory warranty periods will c ontrol only problems reported to Superclick during in the warranty period. ANY LIABILITY OF SUPERCLICK WITH RESPECT TO THE PROGRAM(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 SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSEevent of a conflict with the terms of this Section 10. EXCEPT FOR THE FOREGOINGAS EXPRESSLY WARRANTED IN THIS SECTION 10, THE PROGRAM(S) SOURCEFIRE PRODUCTS (INCLUDING, ANY EVALUATION AND BETA PRODUCTS), AND ANY OTHER DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED BY SOURCEFIRE ARE PROVIDED "“AS IS" WITHOUT WARRANTY OR CONDITION ” AND “WITH ALL FAULTS,” AND SOURCEFIRE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KINDKIND OR NATURE, INCLUDING WITHOUT LIMITATIONWHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR CONDITION QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE,OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. FURTHERTHE SOURCEFIRE PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. SOURCEFIRE PRODUCTS ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, SUPERCLICK 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 SOURCEFIRE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. SOURCEFIRE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS WARRANT THAT THE PROGRAM(S) APPLIANCE, THE LICENSED MATERIALS OR ANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL BE FREE FROM BUGS MEET YOUR REQUIREMENTS OR THAT USE OF PROGRAM(S) THE OPERATION THEREOF WILL BE UNINTERRUPTED OR REGARDING THE USEERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT SOURCEFIRE’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY. NOTWITHSTANDING ANYTHING TO THE RESULTS OF THE USECONTRARY IN THIS AGREEMENT, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESSANY THIRD PARTY PRODUCTS ARE PROVIDED ”AS IS” WITHOUT ANY WARRANTY WHATSOEVER. Sourcefire’s obligation and liability, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible and Your remedy under the warranties set forth in Section 10 shall be for and will have no liability for hardware, softwareSourcefire to use commercially reasonable efforts to remedy the problem, or other items to replace the defective Hardware and/or the Sourcefire Software, if Sourcefire is notified in writing of all warranty problems during the applicable warranty period. If the non-conforming item(s) covered by this warranty cannot be remedied by repair or any services provided by any persons other than Superclickreplacement, Contractor shall refund the fee associated with the non-conforming item(s). In event of a breach of warranty, the U.S. Government reserves all rights and remedies under the contract, the Federal Acquisition Regulations, and the Contract Disputes Act, 41 U.S.C. §7101-7109.”

Warranty and Disclaimer. Superclick 7.1 Redis Labs warrants that: (a) the Software as provided will perform substantially in accordance with the Documentation for a period of 90 days from delivery of the Software keys (“Software Warranty Period”), and (b) that the Support Services will be performed in a workperson-like manner consistent with industry standards. If Customer believes there has been a breach of this warranty, Customer must notify Redis Labs in writing promptly within the Software Warranty Period or following delivery of the Support Services as the case may be, stating in reasonable detail the nature of the alleged breach. If there has been a breach of this warranty, then Redis Labs’ soleobligation, and Customer’s exclusive remedy, will be for Redis Labs to correct or replace the non-performing components of the Software, or re-perform at no additional charge, any affected Support Services to cause them to comply with this warranty. If Redis Labs is unable to comply with this warranty, Customer shall be entitled to terminate the applicable Order Form and receive a pro-rated refund of the fees pre-paid by Customer for the corresponding unused portion of the Subscription Period. 7.2 Each Party represents and warrants to Swisscom as of the date of this Agreements as follows (a) Superclick has good and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver other that this Agreement has been duly authorized, executed and take the actions contemplated hereby (c) Superclick will perform Technical Support, Training, Software Maintenance delivered and Development with reasonable care constitutes a valid and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety (90) days from the delivery of the initial copy of the final version of each type of program hereunder that binding agreement enforceable against such program, as so delivered, will materially conform to the then-current Documentation and will be operable Party in accordance with its intended use. In addition, Superclick warrants the media on which Licensed Product(s) are contained will be free of defects under normal use for a period of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick during the warranty period. ANY LIABILITY OF SUPERCLICK WITH RESPECT terms. 7.3 EXCEPT AS PROVIDED IN THIS SECTION 7 AND TO THE PROGRAM(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 SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOINGEXTENT NOT PROHIBITED BY APPLICABLE LAW, THE PROGRAM(S) SOFTWARE (INCLUDING EVALUATION SOFTWARE AND PRE-RELEASE SOFTWARE), SUPPORT SERVICES, AND CONSULTING SERVICES ARE PROVIDED "AS TO CUSTOMER “AS-IS" ” WITHOUT WARRANTY OR CONDITION ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATIONEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SUPERCLICK DOES NOT WARRANTINTEGRATION, GUARANTEENON- INFRINGEMENT, TITLE, PERFORMANCE, SECURITY, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR MAKE ANY REPRESENTATIONS THAT USAGE OF TRADE. WITHOUT LIMITING THE PROGRAM(SGENERALITY OF THE FOREGOING DISCLAIMER, NEITHER THE SOFTWARE (INCLUDING EVALUATION SOFTWARE AND PRE-RELEASE SOFTWARE) WILL BE FREE FROM BUGS NOR THE SUPPORT SERVICES ARE SPECIFICALLY DESIGNED, MANUFACTURED OR THAT INTENDED FOR USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING IN THE USEPLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR THE RESULTS DIRECT OPERATION OF THE USENUCLEAR FACILITIES, OF THE PROGRAM(S) AIRCRAFT NAVIGATION, CONTROL OR DOCUMENTATION IN TERMS OF CORRECTNESSCOMMUNICATION SYSTEMS, ACCURACYWEAPONS SYSTEMS, RELIABILITY DIRECT LIFE SUPPORT SYSTEMS, OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than SuperclickOTHER MISSION CRITICAL SYSTEMS.

Warranty and Disclaimer. Superclick represents and a. DepSecure warrants to Swisscom as of that during the sixty (60) day period commencing on the date of this Agreements as follows (a) Superclick has good first Delivery, the Software and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick Appliances will perform Technical Support, Training, Software Maintenance and Development substantially in accordance with reasonable care and skilltheir Documentation. Subject In the event of a breach of the foregoing warranty with respect to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety (90) days from the delivery of the initial copy of the final version of each type of program hereunder that such programSoftware, as so deliveredEnd User's sole and exclusive remedy, will materially conform DepSecure shall, at its sole expense and discretion, replace the Software with Software conforming to the then-current Documentation and will be operable foregoing warranty, or use reasonable efforts to modify the Software, so that it performs substantially in accordance with its intended useDocumentation. In additionthe event of a breach of the foregoing warranty with respect to an Appliance, Superclick warrants as End User's sole and exclusive remedy, DepSecure shall, at its sole expense and at its option, repair the media on which Licensed Product(s) are contained Appliance or replace the Appliance with a new or reconditioned Appliance that performs materially in accordance with its Documentation. The foregoing warranty extends only to the original purchaser and will be free not apply to the misuse of defects or damage to the Products. The rights and remedies granted End User under normal use for a period this Section state DepSecure's entire liability, and End User's exclusive remedy, with respect to any breach of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick during the warranty period. ANY LIABILITY OF SUPERCLICK WITH RESPECT TO THE PROGRAM(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 set forth in this Section 9(a) b. EXCEPT AS A REMEDY OR, EXPRESSLY SET FORTH IN SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOINGSECTION 9(a), THE PROGRAM(S) PRODUCTS OR SERVICES ARE PROVIDED "AS AS-IS" WITHOUT ' AND DepSecure MAKES NO WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DepSecure, ITS PARTNERS AND SUPPLIERS MAKE NO WARRANTY THAT USE OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERRORFREE OR DEFECT-FREE, OR AVAILABLE AT ALL TIMES. DepSecure HEREBY SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT TO THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than SuperclickMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty and Disclaimer. Superclick represents and a. Imperva warrants to Swisscom as of that during the sixty (60) day period commencing on the date of this Agreements as follows (a) Superclick has good first Delivery, the Software and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick Appliances will perform Technical Support, Training, Software Maintenance and Development substantially in accordance with reasonable care and skilltheir Documentation. Subject In the event of a breach of the foregoing warranty with respect to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety (90) days from the delivery of the initial copy of the final version of each type of program hereunder that such programSoftware, as so deliveredEnd User's sole and exclusive remedy, will materially conform Imperva shall, at its sole expense and discretion, replace the Software with Software conforming to the then-current Documentation and will be operable foregoing warranty, or use reasonable efforts to modify the Software, so that it performs substantially in accordance with its intended useDocumentation. In additionthe event of a breach of the foregoing warranty with respect to an Appliance, Superclick warrants as End User's sole and exclusive remedy, Imperva shall, at its sole expense and at its option, repair the media on which Licensed Product(s) are contained Appliance or replace the Appliance with a new or reconditioned Appliance that performs materially in accordance with its Documentation. The foregoing warranty extends only to the original purchaser and will be free not apply to the misuse of defects or damage to the Products. The rights and remedies granted End User under normal use for a period this Section state Imperva's entire liability, and End User's exclusive remedy, with respect to any breach of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick during the warranty period. ANY LIABILITY OF SUPERCLICK WITH RESPECT TO THE PROGRAM(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 set forth in this Section 9(a). b. EXCEPT AS A REMEDY OR, EXPRESSLY SET FORTH IN SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOINGSECTION 9(a), THE PROGRAM(S) PRODUCTS OR SERVICES ARE PROVIDED "AS AS-IS" WITHOUT ' AND IMPERVA MAKES NO WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IMPERVA, ITS PARTNERS AND SUPPLIERS MAKE NO WARRANTY THAT USE OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR- FREE OR DEFECT-FREE, OR AVAILABLE AT ALL TIMES. IMPERVA HEREBY SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT TO THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than SuperclickMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty and Disclaimer. Superclick represents and a. Imperva warrants to Swisscom as of that during the sixty (60) day period commencing on the date of this Agreements as follows (a) Superclick has good first Delivery, the Software and marketable title and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick Appliances will perform Technical Support, Training, Software Maintenance and Development substantially in accordance with reasonable care and skilltheir Documentation. Subject In the event of a breach of the foregoing warranty with respect to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety (90) days from the delivery of the initial copy of the final version of each type of program hereunder that such programSoftware, as End User's sole and exclusive remedy, Imperva shall, at its sole expense, use reasonable efforts to modify the Software, so delivered, will materially conform to the then-current Documentation and will be operable that it performs substantially in accordance with its intended useDocumentation. In additionthe event of a breach of the foregoing warranty with respect to an Appliance, Superclick warrants as End User's sole and exclusive remedy, Imperva shall, at its sole expense and at its option, repair the media on which Licensed Product(s) are contained Appliance or replace the Appliance with a new or reconditioned Appliance that performs materially in accordance with its Documentation. The foregoing warranty extends only to the original purchaser and will be free not apply to the misuse of defects or damage to the Products. The rights and remedies granted End User under normal use for a period this Section state Imperva's entire liability, and End User's exclusive remedy, with respect to any breach of ninety (90) days following delivery thereof. This warranty covers only problems reported to Superclick during the warranty period. ANY LIABILITY OF SUPERCLICK WITH RESPECT TO THE PROGRAM(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 set forth in this Section 9(a). b. EXCEPT AS A REMEDY OR, EXPRESSLY SET FORTH IN SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOINGSECTION 9(a), THE PROGRAM(S) PRODUCTS OR SERVICES ARE PROVIDED "AS AS-IS" WITHOUT AND IMPERVA MAKES NO WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IMPERVA, ITS PARTNERS AND SUPPLIERS MAKE NO WARRANTY THAT USE OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR DEFECT-FREE, OR AVAILABLE AT ALL TIMES. IMPERVA HEREBY SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SUPERCLICK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT TO THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PROGRAM(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Swisscom understands that Superclick is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than SuperclickMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Warranty and Disclaimer. Superclick represents Koala warrants that at the time that any baby changing station, child protection seat, infant seat kradle, high chair, booster chair, wire and warrants bead table, block table, fun wall, carpeting, table or chair is delivered to Swisscom as of the date of this Agreements as follows (a) Superclick has good Purchaser they will be free from defects in material and marketable title workmanship under normal use and property in the Licensed Products (free and unencumbered) (b) Superclick has all requisite corporate power and authority to execute and deliver this Agreement and take the actions contemplated hereby (c) Superclick will perform Technical Supportservice, Trainingwith proper maintenance, Software Maintenance and Development with reasonable care and skill. Subject to the conditions and limitations on liability stated herein, Superclick warrants for a period of ninety five (905) days from years (excluding wooden high chairs and wooden booster seats). Koala warrants that at the delivery of the initial copy of the final version of each type of program hereunder that such program, as so delivered, will materially conform time any wooden high chair or wooden booster seat is delivered to the then-current Documentation and will be operable in accordance with its intended use. In additionpurchaser, Superclick warrants the media on which Licensed Product(s) are contained they will be free of from defects in material and workmanship, under normal use and service, with the proper maintenance, for a period of ninety one (901) days following delivery thereofyear. This warranty covers only problems reported Koala warrants that at the time any other item not specifically included above, is delivered to Superclick during Purchaser, it will be free from defects in material and workmanship, under normal use and service, with proper maintenance, for a period of one (1) year. All replacement parts and replacement kits are excluded from the warranty periodpolicy. ANY LIABILITY OF SUPERCLICK WITH RESPECT TO These warranties are limited to, at the option of Koala, the repair or replacement of the defective item, provided that such item is returned to Koala, transportation prepaid, for Koala’s inspection and approval. THE PROGRAM(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, EXPRESS WARRANTIES HEREIN CONTAINED ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES AND ARE IN SUPERCLICK'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSEE FEE AND TERMINATION OF THE LICENSE. EXCEPT FOR THE FOREGOING, THE PROGRAM(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION LIEU OF ANY KIND, AND ALL OTHER WARRANTIES. EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE PURCAHSER ACKNOWLEDGES THAT IT IS NOT RELYING UPON KOALA’S SKILL AND JUDGEMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH ARE NOT CONTAINED IN THIS AGREEMENT. FURTHERKOALA SHALL NOT BE LIABLE FOR DAMAGES, SUPERCLICK DOES NOT WARRANTINCLUDING SPECIAL, GUARANTEE, INCIDENTAL OR MAKE ANY REPRESENTATIONS THAT CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM(S) WILL BE FREE FROM BUGS OR THAT USE OF PROGRAM(S) WILL BE UNINTERRUPTED OR REGARDING THE USE, OR THE RESULTS PERFORMANCE OF THE USEGOODS OR THEIR USE BY PURCHASER. THESE WARRANTIES SHALL EXTEND ONLY TO PURCHASER AND KOALA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUBSEQUENT PURCHASER OF THE PROGRAM(S) GOODS OR DOCUMENTATION TO ANY OTHER PARTY. THESE WARRANTIES SHALL NOT APPLY TO GOODS WHICH HAVE BEEN SUBJECT TO MISUSE OR ABUSE, MISAPPLICATION, REPAIR OR TAMPERING IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEANY WAY SO AS TO AFFECT PERFORMANCE. Swisscom understands that Superclick is Some states do not responsible for and will have no allow the exclusion of implied warranties or the limitation or exclusion of incidental or liability for hardwareconsequential damages, software, so the above limitations or other items exclusions may not apply to Purchaser. In no event shall Koala’s liability to purchaser or any services provided by any persons other than Superclickthird party exceed, in the aggregate, the purchase price paid for the Goods.