Common use of WARRANTY AND LIABILITIES Clause in Contracts

WARRANTY AND LIABILITIES. 1. The Company warrants, on the condition that the customer is duly licensed to use the Product under this Agreement, for a period of ninety (90) days after purchase of the Product by the customer that those disks, CD-ROMs or other type of media on which the software program of the Product is contained will be free from material quality non-conformity (which are limited to the quality non-conformity which cause obstacles to the use of the Product, such as the loss, destruction or insufficiency of magnetism) and that the Product will operate in accordance with the Product specifications under normal use. The Company’s warranty is limited only to repairing or, at its option, replacing the Product on the condition that the customer gives written notice of the quality non-conformity or returns the Product to the Distributor if the customer purchased the Product from the Distributor or to the Company if the customer purchased the Product from the Company within ninety (90) days after purchase of the Product. The Company shall not be responsible for any monetary damages or liabilities under whatever reasons. 2. The Company’s warranties set out in paragraph 1 shall not apply to any non-conformity of the Product, which has been subjected to accident, neglect, misuse, abuse, vandalism, negligence in transportation or handling, causes other than ordinary use, causes based on the use of the old versions or causes beyond the Company’s control, including without limitation fire, earthquake, action of a third party and laws and regulations of the country or territory of the customer, or if the Product was not properly maintained by the customer or if the Product was used in breach of this Agreement. 3. The Product is provided to the customer on an as-is basis. Except as provided in paragraph 1, the Company denies and disclaims all other warranties of the Product, explicit or implied, including but not limited to any non-infringement of third party rights or laws and regulations of the country or territory of the customer and the warranties of quality, performance, merchantability and fitness for a particular purpose. 4. Under no circumstances shall the Company or the Distributor be liable for any direct, indirect, consequential, specific, accidental, incidental, punitive damages, extended damages or any other damages or losses (including but not limited to loss of profits, stoppage of business, loss of business opportunities and sales revenues, loss of goodwill, loss of data or data using opportunities, costs of procuring substitutes, physical injuries, damages for pain and suffering and other monetary loses) arising out of the use of or inability to use the Product even if the Company has been advised of the possibility of such damages or losses. 5. The scope of warranties and liabilities given by the Distributor from which the customer purchased the Product shall be the same as that given by the Company under this Article.

WARRANTY AND LIABILITIES. 1. The Company warrants, on the condition that the customer Customer is duly licensed to use the Product under this Agreement, for a period of ninety (90) days after purchase of the Product by the customer Customer that those disks, CD-ROMs or other type of media on which the software program of the Product is contained will be free from material quality non-conformity (which are limited to the quality non-conformity which cause obstacles to the use of the Product, such as the loss, destruction or insufficiency of magnetism) and that the Product will operate in accordance with the Product specifications under normal use. The Company’s warranty is limited only to repairing or, at its option, replacing the Product on the condition that the customer Customer gives written notice of the quality non-conformity or returns the Product to the Distributor if the customer Customer purchased the Product from the Distributor or to the Company if the customer Customer purchased the Product from the Company within ninety (90) days after purchase of the Product. The Company shall not be responsible for any monetary damages or liabilities under whatever reasons. 2. The Company’s warranties set out in paragraph 1 shall not apply to any non-conformity of the Product, which has been subjected to accident, neglect, misuse, abuse, vandalism, negligence in transportation or handling, causes other than ordinary use, causes based on the use of the old versions or causes beyond the Company’s control, including without limitation fire, earthquake, action of a third party and laws and regulations of the country or territory of the customerCustomer, or if the Product was not properly maintained by the customer Customer or if the Product was used in breach of this Agreement. 3. The Product is provided to the customer Customer on an as-is basis. Except as provided in paragraph 1, the Company denies and disclaims all other warranties of the Product, explicit or implied, including but not limited to any non-infringement of third party rights or laws and regulations of the country or territory of the customer Customer and the warranties of quality, performance, merchantability and fitness for a particular purpose. 4. Under no circumstances shall the Company or the Distributor be liable for any direct, indirect, consequential, specific, accidental, incidental, punitive damages, extended damages or any other damages or losses (including but not limited to loss of profits, stoppage of business, loss of business opportunities and sales revenues, loss of goodwill, loss of data or data using opportunities, costs of procuring substitutes, physical injuries, damages for pain and suffering and other monetary loses) arising out of the use of or inability to use the Product even if the Company has been advised of the possibility of such damages or losses. 5. The scope of warranties and liabilities given by the Distributor from which the customer Customer purchased the Product shall be the same as that given by the Company under this Article.

WARRANTY AND LIABILITIES. 1. The Company warrants, on the condition that the customer is duly licensed to use the Product under this AgreementProduct, for a period of ninety (90) days after purchase of the Product by the customer that those disks, CD-ROMs or other type of media on which the software program of the Product is contained will be free from material quality non-conformity defects (which are limited to the quality non-conformity defects which cause obstacles to the use of the Product, such as the loss, destruction or insufficiency of magnetism) and that the Product will operate in accordance with the Product specifications under normal use. The Company’s warranty is limited only to repairing or, at its option, replacing the Product on the condition that the customer gives written notice of the quality non-conformity defects or returns the Product to the Distributor if the customer purchased the Product from the Distributor or to the Company if the customer purchased the Product from the Company within ninety (90) days after purchase of the Product. The Company shall not be responsible for any monetary damages or liabilities under whatever reasons. 2. The Company’s warranties set out in paragraph 1 shall not apply to any non-conformity defects of the Product, which has been subjected to accident, neglect, misuse, abuse, vandalism, negligence in transportation or handling, causes other than ordinary use, causes based on the use of the old versions or causes beyond the Company’s control, including without limitation fire, earthquake, action of a third party and laws and regulations of the country or territory of the customer, or if the Product was not properly maintained by the customer or if the Product was used in breach of this Agreement. 3. The Product is provided to the customer on an as-is basis. Except as expressly provided for in paragraph 1this Article, the Company denies and disclaims all other warranties of the Productwarranties, explicit or implied, including but not limited to any non-infringement of third party rights or laws and regulations of the country or territory of the customer and the warranties of quality, performance, merchantability and fitness for a particular purpose. 4. Under no circumstances shall the Company or the Distributor be liable for any direct, indirect, consequential, specific, accidental, incidental, punitive damages, extended damages or any other damages or losses (including but not limited to loss of profits, stoppage of business, loss of business opportunities and sales revenuesopportunities, loss of goodwill, loss of data or data using opportunities, costs of procuring substitutes, physical injuries, damages for pain and suffering and other monetary loses) arising out of the use of or inability to use the Product even if the Company has been advised of the possibility of such damages or losses. 5. The scope of warranties and liabilities given by the Distributor from which the customer purchased the Product shall be the same as that given by the Company under this Article.

WARRANTY AND LIABILITIES. 1. The Company warrants, on the condition that the customer is duly licensed to use the Product under this Agreement, for a period of ninety (90) days after purchase of the Product by the customer that those disks, CD-ROMs or other type of media on which the software program of the Product is contained will be free from material quality non-conformity (which are limited to the quality non-conformity which cause obstacles to the use of the Product, such as the loss, destruction or insufficiency of magnetism) and that the Product will operate in accordance with the Product specifications under normal use. The Company’s 's warranty is limited only to repairing or, at its option, replacing the Product on the condition that the customer gives written notice of the quality non-conformity or returns the Product to the Distributor if the customer purchased the Product from the Distributor or to the Company if the customer purchased the Product from the Company within ninety (90) days after purchase of the Product. The Company shall not be responsible for any monetary damages or liabilities under whatever reasons. 2. The Company’s warranties set out in paragraph 1 shall not apply to any non-conformity of the Product, which has been subjected to accident, neglect, misuse, abuse, vandalism, negligence in transportation or handling, causes other than ordinary use, causes based on the use of the old versions or causes beyond the Company’s 's control, including without limitation fire, . earthquake, action of a third party and laws and regulations of the country or territory of the customer, or if the Product was not properly maintained by the customer or if the Product was used in breach of this Agreement. 3. The Product is provided to the customer on an as-is basis. Except as provided in paragraph 1, the Company denies and disclaims all other warranties of the Product, explicit or implied, including but not limited to any non-infringement of third party rights or laws and regulations of the country or territory of the customer and the warranties of quality, performance, ,merchantability and fitness for a particular purpose. 4. Under no circumstances shall the Company or the Distributor be liable for any direct, indirect, consequential, specific, accidental, incidental, punitive damages, extended damages or any other damages or losses (including but not limited to loss of profits, stoppage of business, loss of business opportunities and sales revenues, loss of goodwill, loss of data or data using opportunities, costs of procuring substitutes, physical injuries, damages for pain and suffering and other monetary loses) arising out of the use of or inability to use the Product even if the Company has been advised of the possibility of such damages or losses. 5. The scope of warranties and liabilities given by the Distributor from which the customer purchased the Product shall be the same as that given by the Company under this Article.

WARRANTY AND LIABILITIES. 1. The Company warrants, on the condition that the customer is duly licensed to use the Product under this Agreement, for a period of ninety (90) days after purchase of the Product by the customer that those disks, CD-ROMs or other type of media on which the software program of the Product is contained will be free from material quality non-conformity defects (which are limited to the quality non-conformity defects which cause obstacles to the use of the Product, such as the loss, destruction or insufficiency of magnetism) and that the Product will operate in accordance with the Product specifications under normal use. The Company’s warranty is limited only to repairing or, at its option, replacing the Product on the condition that the customer gives written notice of the quality non-conformity defects or returns the Product to the Distributor if the customer purchased the Product from the Distributor or to the Company if the customer purchased the Product from the Company within ninety (90) days after purchase of the Product. The Company shall not be responsible for any monetary damages or liabilities under whatever reasons. 2. The Company’s warranties set out in paragraph 1 shall not apply to any non-conformity defects of the Product, which has been subjected to accident, neglect, misuse, abuse, vandalism, negligence in transportation or handling, causes other than ordinary use, causes based on the use of the old versions or causes beyond the Company’s control, including without limitation fire, earthquake, action of a third party and laws and regulations of the country or territory of the customer, or if the Product was not properly maintained by the customer or if the Product was used in breach of this Agreement. 3. The Product is provided to the customer on an as-is basis. Except as expressly provided for in this Article in paragraph 1, the Company denies and disclaims all other warranties of the Product, explicit or implied, including but not limited to any non-infringement of third party rights or laws and regulations of the country or territory of the customer and the warranties of quality, performance, merchantability and fitness for a particular purpose. 4. Under no circumstances shall the Company or the Distributor be liable for any direct, indirect, consequential, specific, accidental, incidental, punitive damages, extended damages or any other damages or losses (including but not limited to loss of profits, stoppage of business, loss of business opportunities and sales revenues, loss of goodwill, loss of data or data using opportunities, costs of procuring substitutes, physical injuries, damages for pain and suffering and other monetary loses) arising out of the use of or inability to use the Product even if the Company has been advised of the possibility of such damages or losses. 5. The scope of warranties and liabilities given by the Distributor from which the customer purchased the Product shall be the same as that given by the Company under this Article.