Common use of Warranty and Disclaimer Clause in Contracts

Warranty and Disclaimer. ASTRIS gives no warranty with respect to the workmanship, merchantability or fitness for a 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 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 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 applicable Warranty Period. TROPICAL may not transfer this warranty. TROPICAL’s sole remedy, and ASTRIS’ sole liability for a covered warranty defect shall be for ASTRIS, at its sole discretion, to either repair or 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 unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICAL. THE PRECEEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPONENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY 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 NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCT.

Warranty and Disclaimer. ASTRIS gives no warranty with respect Replay Networks warrants that the ----------------------- Products will conform to the workmanship, merchantability or fitness for a 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 Specifications and that as a result of such nature the 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 will be free from defects in material and workmanship and materials for a period of ninety (90) days [***] from the date of delivery sales to TROPICAL 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 (“Warranty Period”)i) labor costs more than [***] after shipment to PCEC, or (ii) materials, parts and components more than [***] after shipment to PCEC. All This express limited warranty claims must be requested of ASTRIS prior 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 expiration design of the applicable Warranty PeriodProducts or from MKE Requested Changes; or (c) Product that has been abused, damaged, altered or misused by any person or entity after the title passes to MKE. TROPICAL may not transfer this 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 above warranty. TROPICAL’s , Replay Network's sole obligation and MKE's sole remedy, and ASTRIS’ sole liability is for a covered warranty defect shall be for ASTRISReplay Networks to have the Contract Manufacturer (or Replay Networks' designated repair vendor), at its sole discretionReplay Networks' option, to either promptly repair or replace such Product pursuant to 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 provisions of unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICAL. THE PRECEEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPONENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS (THE “EXCLUDED ITEMS”Section 13(b). THE EXCLUDED ITEMS ARE LICENSED TO THE LICENSEE ON AN AS IS BASIS. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, ALL FOREGOING EXPRESSLY STATED WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT REPLAY NETWORKS MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING PRODUCTS COVERED BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ASTRIS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO THIS AGREEMENT. REPLAY NETWORKS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCT.

Warranty and Disclaimer. ASTRIS gives no warranty with respect to the workmanship, merchantability or fitness for a 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 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 Caliper warrants the products solely to TROPICAL and solely Caliper Products delivered by it hereunder against defects in faulty workmanship and use of defective materials for a period of ninety (90) days equal to [ * ] from the date such Caliper Products are delivered into the possession of delivery the carrier designated by Bio-Rad or its Affiliate, packed and ready for shipment to TROPICAL (“Warranty Period”)Bio-Rad or its Affiliate; [ * ]. All Faulty workmanship and/or use of defective materials shall be hereinafter referred to as a "deficiency" and shall include any failure of any Caliper Product to conform to its applicable specifications. Such warranty claims must is the only warranty made by Caliper and it can be requested amended only by a written instrument signed by a duly authorized officer of ASTRIS prior Caliper. Caliper's obligations are also subject to the expiration condition that Caliper shall have no liability whatsoever for any deficiency unless (x) Caliper is notified in writing promptly [ * ] after discovery by Bio-Rad of the applicable Warranty Period. TROPICAL may not transfer this warranty. TROPICAL’s sole remedyalleged deficiency, which notice shall include a detailed explanation of the alleged deficiency, (y) a representative sample of the Caliper Products containing the alleged deficiency is promptly returned to Caliper, and ASTRIS’ sole liability for a covered warranty defect shall be for ASTRIS, at its sole discretion, (z) Caliper's examination of such returned sample of Caliper Products discloses to either repair or replace Caliper's reasonable satisfaction that such alleged deficiency actually exists and occurred in 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 course of proper and normal use and was not caused by accident, misuse misuse, neglect, alteration or abuseimproper installation, includingrepair or testing. If any Caliper Products so prove to contain a deficiency and Bio-Rad elects to have them replaced, but not limited toCaliper shall have a reasonable time to make such replacement. Bio-Rad shall dispose of any nonconforming Caliper Products, at Caliper's expense, in accordance with the use written instructions of unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICALCaliper. THE PRECEEDING FOREGOING WARRANTY DOES NOT APPLY TO (I) IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY SOFTWARE COMPONENTS IMPLIED WARRANTY OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDINGMERCHANTABILITY, BUT NOT LIMITED TO, FUSES, FILTERS, BULBSFITNESS FOR A PARTICULAR PURPOSE, AND CLEANING ACCESSORIES; AND (IV) OF ANY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS (OTHER OBLIGATION ON THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TO THE LICENSEE ON AN AS IS BASIS. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREINPART OF CALIPER, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE PRODUCTS, WHETHER EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY UNDER ANY STATUTE, LAW, CUSTOMCOMMERCIAL USAGE OR OTHERWISE, PRIOR ORAL OR WRITTEN STATEMENTS BY ASTRIS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCTEXCLUDED.

Warranty and Disclaimer. ASTRIS gives no warranty with respect to the workmanship, merchantability or fitness for a 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 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 Idaero warrants the products solely to TROPICAL and solely against defects in workmanship and materials for a period of ninety (90) days from after Licensee initially receives the date of delivery to TROPICAL Software (“the "Warranty Period”)") that the Software will perform under normal use substantially as described in the then current Documentation. All Supplier software provided to Licensee shall be warranted as stated by the Supplier. Copies of the Suppliers' terms and conditions of warranty claims must are available on the Idaero Support website. Support services shall be requested provided in a workmanlike and professional manner, in accordance with the prevailing standard of ASTRIS prior care for consulting support engineers at the time and place the services are performed. Xxxxxxxx's exclusive remedy and Idaero's sole liability for Software that does not meet the warranty set forth in this Section 6 shall be, at Idaero's option, either (i) to correct the nonconforming Software within a reasonable time so that it conforms to the expiration warranty; or (ii) 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 PeriodPeriod when the problem first occurs. TROPICAL may not transfer this warranty. TROPICAL’s sole remedy, and ASTRIS’ sole liability for a covered warranty defect Any corrected Software shall be warranted in accordance with Section 6 for ASTRIS, at its sole discretion, ninety (90) days after delivery to either repair or replace the defective product at no charge, or to refund the price for the affected productLicensee. These The warranties hereunder are void if the applicable product Software has been altered in any way improperly installed, misused, or damaged by accidentif 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, misuse or abuseOR THAT THE PRODUCTS WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. IDAERO EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, includingINCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, but not limited to, the use of unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICALFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PRECEEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPONENTS ENTIRE RISK FOR THE PERFORMANCE, NON-PERFORMANCE OR RESULTS OBTAINED FROM USE OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR PRODUCTS RESTS WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT LICENSEE AND NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS (THE “EXCLUDED ITEMS”)IDAERO. THE EXCLUDED ITEMS ARE LICENSED TO THE LICENSEE ON AN AS IS BASIS. EXCEPT FOR THE EXPRESS IDAERO MAKES NO WARRANTIES CONTAINED HEREIN, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECT OF ANY DESIGN, PROTOTYPE OR FINAL PRODUCT DEVELOPED BY LICENSEE USING 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 NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCT.

Warranty and Disclaimer. ASTRIS gives no Company shall use reasonable best efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance reasonable notice in writing or by e-mail of any scheduled service disruption. However, Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty with respect as to the workmanship, merchantability or fitness for a particular purpose results that may be obtained from use of the ASTRIS power generators where same have been incorporated into any product produced by TROPICALServices. TROPICAL acknowledges the developmental and/or experimental nature of the products and that as a result of such nature the products have not been approved or certified in any manner by any independent third party or governmental regulatory authority or bodyEXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, 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 for a period of ninety (90) days from the date of delivery to TROPICAL (THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “Warranty Period”). All warranty claims must be requested of ASTRIS prior to the expiration of the applicable Warranty Period. TROPICAL may not transfer this warranty. TROPICAL’s sole remedyAS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, and ASTRIS’ sole liability for a covered warranty defect shall be for ASTRISEXPRESS OR IMPLIED, at its sole discretion, to either repair or 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 unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICAL. THE PRECEEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPONENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSESIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDEMNITY Company 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, FILTERSprovided Company is promptly notified of any and all threats, BULBSclaims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company 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 Company, AND CLEANING ACCESSORIES; AND (IVii) ANY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS made in whole or in part in accordance with Customer specifications where the alleged infringement relates to such specification, (THE “EXCLUDED ITEMS”)iii) that are modified after delivery by Company where the alleged infringement relates to such modification, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement,. THE EXCLUDED ITEMS ARE LICENSED If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE LICENSEE ON AN AS IS BASIS. CONTRARY, EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREINBODILY INJURY OF A PERSON, ALL WARRANTIESBREACH OF CONFIDENTIALITY, CONDITIONSDAMAGE CAUSED BY GROSS NEGLIGENCE OF WILFUL MISCONDUCT, REPRESENTATIONS, INDEMNITIES COMPANY AND GUARANTEES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ASTRIS OR OTHERWISE ITS SUPPLIERS (INCLUDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NONINFRINGEMENTALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), MERCHANTABILITY OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL LIABLE WITH RESPECT TO ANY DEFECTIVE PRODUCT.SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;

Warranty and Disclaimer. ASTRIS gives LIMIT OF LIABIILITY; INDEMNITY LEGOO MANDARIN warrants to Customer that the Products will operate substantially in accordance with the documentation provided to Customer online (the "Documentation"). This limited warranty shall apply only during the first thirty (30) days from the first day that the Products is available to Customer (the “Warranty Period”). Should the Products not function in accordance with the Documentation, (a "Warranty Claim") then Customer shall upon written notice to us be entitled to a refund of the fees collected during the Warranty Period. The foregoing refund shall be Customer's exclusive remedy for a breach of the foregoing limited warranty. All Warranty Claims not made in writing or not received by us within the Warranty Period shall be deemed to have been waived by Customer. Other than the foregoing limited warranty, LEGOO MANDARIN makes no representations about the Products or services [DS] End User License Agreement, and is providing the Products and services to Customer and its end user “as is” and without warranty with respect to the workmanshipof any kind. LEGOO MANDARIN expressly disclaims all warranties, express or implied, including all warranties of merchantability or fitness for a particular purpose purpose, as well as any warranties alleged to have arisen from custom, usage, or a course of dealings between the ASTRIS power generators where same have been incorporated into any product produced parties. To the maximum extent permitted by TROPICAL. TROPICAL acknowledges the developmental and/or experimental nature of the products and that as a result of such nature the products have not been approved or certified in any manner by any independent third party or governmental regulatory authority or bodylaw, 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 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 notwithstanding anything to the expiration of the applicable Warranty Period. TROPICAL may not transfer this warranty. TROPICAL’s sole remedycontrary contained herein, and ASTRIS’ sole liability for a covered warranty defect shall be for ASTRIS, at its sole discretion, to either repair or 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 unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations LEGOO MANDARIN shall not be enlarged liable to Customer or diminished any end user for any consequential, incidental, indirect or special damages, including (without limitation) damages arising out of or in connection with any loss of profit, interruption of service, or loss of business or anticipatory profits, even if LEGOO MANDARIN has been apprised of the likelihood of such damages. In no event will LEGOO MANDARIN’s aggregate liability under this agreement ever exceed the total amount of any fees paid by ASTRIS’ provision Customer during the term hereof. LEGOO MANDARIN agrees to defend Customer and to pay any judgments, costs and expenses (but no more than the total amount of technical advice fees paid by Customer during the term of this agreement), or amounts paid in settlement to TROPICALwhich LEGOO MANDARIN agrees, which Customer may sustain as the result of any claim by a third party that the Products by itself and in unmodified form infringes or misappropriates such third party’s United Kingdom copyright, trade secrets, or patent; provided that Customer provides LEGOO MANDARIN with prompt written notice of such claims or threat of such claims and that LEGOO MANDARIN is given full control and authority to investigate, defend and/or settle such claim. THE PRECEEDING WARRANTY DOES NOT APPLY TO In the event of any claim that LEGOO MANDARIN Service infringes a third party’s intellectual property rights, LEGOO MANDARIN may use all reasonable effort to procure the rights to allow Customer to continue to use the Service and Products, modify the Products or Service so it is not infringing in which case Customer shall immediately cease using the infringing Products or Service, or at its option, terminate this Agreement and refund pro‐rata portion of any unused Customer fees actually paid. Customer agrees to defend, indemnify and hold harmless LEGOO MANDARIN, (Iand its subsidiaries, affiliates, officers, employees, and directors) ANY SOFTWARE COMPONENTS OF THE PRODUCTfrom any and all third party claims, liabilities, damages and/or costs (including attorney fees) due to or arising directly out of Customer’s (or any End User’s): use of the Products or Service in violation of this Agreement; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCTunauthorized use or known breach of security; (III) ANY EXPENDABLE COMPONENTS INCLUDINGor infringement or violation, BUT NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY 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 NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCTof any intellectual property or other right of any person or entity related to the Customer’s Content.

Warranty and Disclaimer. ASTRIS gives no warranty with respect to the workmanshipSeller warrants that, merchantability or fitness for a 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 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 for a period of ninety (90) days from the date of delivery shipment, Products supplied hereunder will conform to TROPICAL ASTM International specifications identified in writing by Seller’s suppliers and any specifications jointly agreed to by Seller and Purchaser in writing for this Agreement. Purchaser shall promptly report any failure to conform to this warranty in writing to Seller within such ninety (“Warranty Period”). All warranty claims must be requested of ASTRIS prior to the expiration of the applicable Warranty Period. TROPICAL may not transfer this warranty. TROPICAL90) day period, whereupon Seller shall, at Seller’s sole remedyoption: (a) repair such Product in place at Purchaser’s facility, provided that Purchaser provides Seller with reasonable access to Purchaser’s premises during normal business hours, (b) instruct Purchaser to return such Product to Seller, freight prepaid, and ASTRIS’ sole liability for a covered warranty defect shall be for ASTRIScorrect such nonconformity by suitable repair or replacement at Seller’s premises during Seller’s normal business hours, (c) replace such Product F.O.B. point of shipment, and/or (d) refund the purchase price of such Product. Purchaser shall, at its sole discretionexpense, store and maintain Products in accordance with good industry practices, replace wearing parts, make minor adjustments as needed, perform standard operating checks, and comply with all specific recommendations by Seller (if any) regarding such Products. Seller shall have no obligation with respect to either repair a Product that has been subject to abuse, misuse, negligence or replace the defective product at no chargeaccident, or if Purchaser fails to refund perform any of the price for duties stated in this Agreement with respect to such Product. Seller shall have the affected productright to test, inspect or take samples of Products claimed by Purchaser to be defective and if, upon such inspection, a Product is found not to be defective, or otherwise not to fall within the scope of this warranty, all costs expended by Seller in connection with such testing, inspection and sampling shall be charged to and borne by Purchaser at Seller’s standard rates then in effect. 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 unauthorized third party software or repairs, power surges, excessive heat or humidity. ASTRIS’ warranty obligations shall not be enlarged or diminished by ASTRIS’ provision of technical advice to TROPICAL. THE PRECEEDING SELLER MAKES NO OTHER WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPONENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES, FILTERS, BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY OR FOR ASTRIS (THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TO THE LICENSEE ON AN REPRESENTATION WHATSOEVER 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 AND ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE) PURPOSE ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF TROPICAL WITH RESPECT TO ANY DEFECTIVE PRODUCTSPECIFICALLY EXCLUDED.