Common use of Warranty and Liability Clause in Contracts

Warranty and Liability. 5.1 Sheffield makes no representation and gives no warranty or undertaking with regard to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant that the use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance of the Program is with the Licensee. Should the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or damages which may be suffered by the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to the express terms of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes no representation and gives no warranty or undertaking with regard The Licensor shall not be liable to the Program and accompanying written materials. All conditions warranties Licensee for any loss or other terms which might have effect between damage whatsoever or however caused arising directly or indirectly in connection with this License Agreement, the parties or be implied or incorporated into this Licence or any collateral contractSoftware, whether by statute, common law its use or otherwise. The Licensor expressly excludes liability for any indirect, are hereby excludedspecial, including without limitationincidental or consequential loss or damage that may arise in respect of the Software, its use or in respect of equipment property, or for loss of profit, business revenue, data, goodwill or anticipated savings. In the event that any exclusion contained in this License Agreement shall be held to be invalid for any reason, and the Licensor becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the ac- tual license fee paid by the Licensee. In the event that the Licensee discovers a material error which substantially affects the Licensee’s use of the Soft- xxxx, and the Licensee notifies the Licensor (in writing) of the error within 30 days from delivery, the implied conditionsLicensor shall use all reasonable endeavors to correct by patch or new release (at its option) that part of the Software which does not comply, warranties or (at its option) reimburse Licensee the paid license fees paid regarding the Software. These are the sole remedies of Licensee and are PROVIDED THAT such non-compliance has not been caused by any modification, variation or addition to the Software not performed by the Licensor or caused by its incorrect use, abuse or corrup- tion of the Software or by use of the Software with other terms as to satisfactory qualitysoftware or on equipment with which it is incompatible. It is a precondition for any liability by the Licensor for errors in the Software that the error can be recreated in a test environment by the Licensor. In all and any event, fitness no matter any degree of negligence, Licensors total aggregated liability for purpose loss or damage, aris- ing out of or in connection with this License Agreement or the use of reasonable skill and care. Sheffield does not warrant that the use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance of the Program is with Software, shall not exceed the Licensee. Should amount of the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or damages which may be suffered actual license fee paid by the Licensee (regarding the Software. FORCE MAJEURE None of the parties shall be held liable for any damages arising by the other party being delayed, hindered or any person claiming pre- vented in the performance of its obligations under or through the Licensee), whether the same are suffered this License Agreement all caused by directly or indirectly conse- quences or are immediate other Force Majeure situations. Force Majeure situations includes war (declared or consequentialundeclared), which fall within the following categories: (i) special damage even though Sheffield was aware mobili- zation, terrorism, catastrophes of the nature, strikes, lock-out, damage to production plant, import and export regu- lations, fire and any other unforeseeable circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to beyond the express terms of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach control of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by lawparties concerned. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes 9.1 The Parties agree that the GEAR-asset including Licensed IP and Transferred Patents still is in the stage of development. 9.2 Siemens undertakes all reasonable efforts to transfer to Acquirer the Transferred Patents completely and within the time frame as foreseen in this Agreement. 9.3 Siemens undertakes all reasonable efforts to transfer to Acquirer the Documentation and the Transferred Assets completely and within the time frame as foreseen in this Agreement. During the first (1) year of this Agreement Siemens undertakes as Acquirer’s sole and exclusive remedy to use all reasonable efforts at its own costs to correct all errors, if any, found in the Documentation after receipt of a written notice by Acquirer specifying the error and to thereafter supply Acquirer with a corrected version of the deficient part of the Documentation. 9.4 Siemens does not give any representation or warranty, express or implied, and accepts no liability as to the validity or scope of protection of any of the Transferred Patents, Documentation and/or Licensed IP and shall have no liability in respect of any infringement of patents or other rights of third parties due to Acquirer’s operation under the licenses herein granted or under Transferred Patents, Documentation and/or Licensed IP and/or Transferred Assets. 9.5 To the Best IP Knowledge of Siemens, the Transferred Patents were diligently filed, maintained and fees were diligently paid. 9.6 To the Best Knowledge of Siemens there are currently neither product development or business unit funded activities utilizing GEAR (including GEAR Marker or Licensed Product Gear Pipeline) nor research projects using or intending to use GEAR (including GEAR Marker or Licensed Product Gear Pipeline). 9.7 Siemens will use reasonable efforts not to make available any non-publically available parts of the GEAR IP to any internal research or development projects within Siemens within three years upon the Effective Date. 9.8 To the Best IP Knowledge of Siemens, no licenses under Transferred Patents nor under Licensed IP that would materially negatively impact Acquirers’ ability to develop and exclusively commercialize Licensed Products in the Contract Field (cf. Annex 1) were granted or promised to be granted to the companies listed in Annex 10. 9.9 Siemens shall have no obligation hereunder to institute any action or suit against third parties for infringement of any of the Licensed IP or to maintain any of the Licensed IP. 9.10 Nothing contained in this Agreement shall be construed as: 9.10.1 granting any right to either Party and/or its Affiliates to use the names, trade names or trademarks or other designations of the other Party and/or its respective Affiliates (including any contraction, abbreviation or imitation of any of the foregoing or any use within a license notice), or 9.10.2 an, express or implied, warranty or representation or liability as to the manufacture, sale, use or other disposition of or the quality or performance of products made by either Party and/or its Affiliates under the licenses and transfers herein granted. 9.11 Except as expressed or implied herein Siemens does not give any further warranty or assumes any responsibility or liability with respect to any Transferred Patents, Transferred Assets, Documentation and/or Licensed IP as to the validity or maintenance of any intellectual property rights licensed or transferred hereunder. In particular, (i) Siemens gives no warranty and assumes no responsibility or undertaking liability with regard respect to the Program ability of Acquirer to successfully use any technical information and accompanying written materials. All conditions warranties Transferred Patents, Documentation and Licensed IP provided to Acquirer hereunder for the manufacture of products, rendering of services or other terms which might have effect between the parties for any further exploitation or be implied or incorporated into implementation of licenses granted to Acquirer under this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield Agreement; and (ii) Siemens does not warrant that products manufactured or services rendered by the use Acquirer achieve a certain standard of quality or level of performance and/or do not infringe intellectual property rights (including, but not limited to, patents and design patents) of third parties. 9.12 In no event shall Siemens be held liable by Acquirer for any indirect, incidental or consequential damages, loss of profit and/or loss of savings, regardless whether the Program will claim is based on breach of contract, breach of warranty, tort or any other cause of action. 9.13 In any event the aggregate liability of Siemens with respect to all claims which Acquirer may lawfully make under this Agreement in any calendar year shall be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as limited to the quality and performance of the Program is with the Licensee. Should the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. Except royalties actually paid by Acquirer to Siemens as expressly stated per Article 6 in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or damages which may be suffered by the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances such calendar year in which such special damage could arise;the claim first arises. 9.14 The provisions of this Article 9 shall survive for three (ii3) loss years after the termination or expiration of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees thatWITHOUT LIMITING ANY OTHER DISCLAIMER MADE HEREUNDER, in entering into this AgreementSIEMENS PROVIDES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; OR ANY OTHER WARRANTY OF ANY KIND CONCERNING ANY MATTER COVERED BY THIS AGREEMENT, it did not rely on any representations WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER UNDER CONTRACT, TORT (whether written or oralINCLUDING NEGLIGENCE) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to the express terms of this AgreementOR OTHERWISE. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes 6.1. It is agreed and understood that the REFRAME Program is provided “as is” and the Licensors make no representation and gives no warranty representations or undertaking with regard to the Program and accompanying written materialswarranties of any kind, expressed or implied. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contractBy way of example, whether by statute, common law or otherwise, are hereby excluded, including but without limitation, the implied conditionsLicensors make no representations or warranties of merchantability, warranties or other terms as to satisfactory quality, fitness for any particular purpose or that the functions contained in the REFRAME Program will meet Licensee’s requirements. Furthermore, the Licensors do not warrant or make any representations regarding the use or the results of the use of reasonable skill and carethe REFRAME Program in terms of correctness, accuracy, reliability, or otherwise or that defects in the REFRAME Program will be corrected. Sheffield It is the Licensees responsibility to check the Software is returning appropriate results before reporting any scientific findings. The Licensor will not accept any responsibility for incorrect results. Licensor has not performed any searches or investigations into the existence of any third-party rights that may affect the use of the REFRAME Program. Licensor does not warrant give any warranty that the exercise of any of the rights granted under this Agreement will not infringe any other intellectual property or other rights of any third party. The above provisions regarding representations and warranties also apply, to the extent possible, to information regarding ideas, sources of materials, customer lists, formulas, files, drawings, specifications, patterns, devices, inventions, processes, methods, tools, materials, equipment, technology, documentation, printouts, reports, evaluation and/or other information on the REFRAME Project Website and within the REFRAME Program (“know-how”). 6.2. The Licensee acknowledges and agrees that the use of the REFRAME Program will be uninterrupted or error-freeis at the Licensee’s sole risk. The Licensee accepts responsibility Licensors shall not be liable for any direct or indirect damages, including, but not limited to, damages resulting from the selection use of the REFRAME Program to achieve its intended results. The entire risk as to or the quality and performance results generated through the use of the REFRAME Program. In the event of a statutory liability of the Licensor for third party damages, Licensee shall indemnify and hold the Licensor harmless against any and all claims of third parties resulting from damages caused by use of the REFRAME Program is with or the Licenseeresults of such use. Should the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or For direct damages which may be suffered incurred by the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into connection with this Agreement, it did not rely on any representations (whether written the Licensor is liable only if they are caused by unlawful intent or oral) of any kind or of any person other that those expressly set out in this Agreementgross negligence. The Licensee Any further liability shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant be excluded to the express terms of this Agreementextent legally admissible. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes no representation 11.1 BM hereby warrants that the Products will be produced in accordance with the applicable regulations and gives statutory requirements, will fully conform to the Product specifications listed in Attachment A hereto, and will be free from defects in materials or workmanship. BM's manufacturing processes shall meet the requirements of any manufacturing standards applicable to materials included or used in the manufacture of in vitro diagnostic products of like kind as GEN-PROBE's TMA products, but not less than such manufacturing processes as are controlled and validated, with adequate records of the processes used. If BM incurs additional costs in order to meet standards imposed after the Signing Date of this Agreement, the prices charged pursuant to Section 4 are subject to change to the extent necessary to compensate BM for such changes. To the extent that adequate compensation for such proposed changes cannot be provided to BM by way of reasonable adjustment to the purchase price of the Products, the parties will negotiate in good faith for another form of payment to BM. If the parties are not able to agree on such compensation, either party may terminate this Agreement. Beyond the warranties expressly stated herein, BM shall assume no warranty or undertaking with regard to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant that the use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance fitness of the Program is Products for the purpose intended by GEN-PROBE. THE FOREGOING WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WAY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO CASE SHALL BM BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. The financial liability of BM in connection with its warranty obligations under this Section 11.1 shall be limited to the Licenseereimbursement or crediting of the price of the defective Products to GEN-PROBE or, where this may be agreed between the Parties hereto, to the supply of the Products in replacement for the defective Products. Should the Program prove defectiveNothing in this Section shall limit GEN-PROBE's rights under Section 11.2. 11.2 BM will defend, the Licensee assumes the indemnify and hold harmless GEN-PROBE from any and all claims, liabilities or reasonable out-of-pocket expenses arising from or related to any and all claims and will pay all cost of all necessary servicing, repair damages finally awarded in any proceedings or correctionany settlement made with BM's consent with respect to any claims for damages alleged to have been sustained as a result of BM's negligent acts or omissions. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for Excepted from such hold harmless obligation shall be indirect or consequential damages whether or not based on negligence. Sheffield GEN-PROBE will defend, indemnify and hold harmless BM from any and all claims, liabilities or reasonable out-of-pocket expenses arising from or related to any and all claims and will pay all cost of damages finally awarded in any proceedings or any settlement made with GEN-PROBE's consent with respect to any claims for damages alleged to have been sustained as a result of GEN-PROBE's negligent acts or omissions. Excepted from such hold harmless obligation shall have no liability be indirect or consequential damages whether or not based on negligence. [***] 11.3 Each party agrees to promptly give written notice to the other party of the commencement of any action, suit or proceeding for any losses or damages which indemnification may be suffered by sought, and the Licensee (or any person claiming under or indemnifying party, through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant counsel reasonably satisfactory to the express terms indemnified party shall assume the defense thereof. It is agreed, however, that the indemnified party shall be entitled to participate in any such action, suit or proceeding with counsel of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at lawits own choice, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield at its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by lawown expense. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes no representation and gives no warranty or undertaking with regard to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant that the use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance of the Program is with the Licensee. Should the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. . 5.2 Except as expressly stated in clause 5.5 5.5 a) Sheffield hereby excludes all liability for negligence. . b) Sheffield shall have no liability for any losses or damages which may be suffered by the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; ; c) The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to the express terms of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes no representation 8.1 The Licensee acknowledges that GEMPACK cannot be guaranteed error free and gives no warranty or undertaking with regard to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant further acknowledges that the use existence of any such errors shall not constitute a breach of this agreement. 8.2 Warranty/Support Period : all licensees are entitled to warranty protection, software support, updates and bug fixes for 6 months after purchase date. Support after 6 months is available to licensees who pay the Program relevant annual fee. 8.3 VU warrants that the software is free from defects in manufacture and that during the Warranty/Support Period GEMPACK will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance of the Program is perform substantially in accordance with the Licensee. Should Documentation. 8.4 During the Program prove defective, the Licensee assumes the cost of all necessary servicing, repair or correction. Except as expressly stated Warranty/Support Period VU will rectify any errors in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or damages which may be suffered GEMPACK notified by the Licensee to VU. 8.5 The Licensee acknowledges that it has exercised its independent judgment in acquiring GEMPACK and has not relied on any representation made by VU which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by VU. 8.6 In the event any legislation, such as the Australian Competition and Consumer Act 2010, implies conditions or warranties into this agreement which cannot be lawfully excluded, such conditions and/or warranties will apply to this agreement, save that the liability of VU for breach of any such implied condition or warranty will be limited, at the option of VU to any one or more of the following: (or any person claiming under or through a) If the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categoriesbreach relates to goods: (i) special damage even though Sheffield was aware the replacement of goods to which the circumstances in which such special damage could arisebreach relates or the supply of equivalent goods; (ii) loss the repair of profits, anticipated savings, business opportunity such goods; (iii) the payment of the cost of replacing the goods or goodwillof acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (iiib) If the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again. 8.7 Save as otherwise provided in this clause 8, VU makes no representation or warranty of any kind, express or implied, statutory or otherwise, under or related to this agreement or with respect to GEMPACK, including without limitation any implied warranties of merchantability and fitness for a particular purpose, and all such warranties are hereby expressly disclaimed unless any legislation implies into this agreement any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding the application of the condition or warranty. 8.8 VU will not be liable for: (a) loss or corruption of data; (b) for any indirect or consequential damages arising out of a breach of this agreement or arising out of the supply of a defective program; The Licensee acknowledges that no representations were made prior or (c) any direct, incidental or consequential damages arising out of the Licensee’s use of GEMPACK, any data used by the Licensee, and any results obtained from GEMPACK (including any interpretation of the results by the Licensee). 8.9 Subject to entering into this Agreement. The Licensee agrees thatclause 8.6, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy VU’s total cumulative liability in respect of any representation (all events whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than contract, tort, pursuant to the express terms of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death statute or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield otherwise shall be limited to an amount being the Licence Fee payable under no obligation to provide further copies of the Program to the Licenseethis agreement.

Warranty and Liability. 5.1 Sheffield makes no representation 11.1 BM hereby warrants that the Products will be produced in accordance with the applicable regulations and gives statutory requirements, will fully conform to the Product specifications listed in Attachment A hereto, and will be free from defects in materials or workmanship. BM's manufacturing processes shall meet the requirements of any manufacturing standards applicable to materials included or used in the manufacture of in vitro diagnostic products of like kind as GEN-PROBE's TMA products, but not less than such manufacturing processes as are controlled and validated, with adequate records of the processes used. If BM incurs additional costs in order to meet standards imposed after the Signing Date of this Agreement, the prices charged pursuant to Section 4 are subject to change to the extent necessary to compensate BM for such changes. To the extent that adequate compensation for such proposed changes cannot be provided to BM by way of reasonable adjustment to the purchase price of the Products, the parties will negotiate in good faith for another form of payment to BM. If the parties are not able to agree on such compensation, either party may terminate this Agreement. Beyond the warranties expressly stated herein, BM shall assume no warranty or undertaking with regard to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant that the use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection of the Program to achieve its intended results. The entire risk as to the quality and performance fitness of the Program is Products for the purpose intended by GEN-PROBE. THE FOREGOING WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WAY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO CASE SHALL BM BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. The financial liability of BM in connection with its warranty obligations under this Section 11.1 shall be limited to the Licenseereimbursement or crediting of the price of the defective Products to GEN-PROBE or, where this may be agreed between the Parties hereto, to the supply of the Products in replacement for the defective Products. Should the Program prove defectiveNothing in this Section shall limit GEN-PROBE's rights under Section 11.2. 11.2 BM will defend, the Licensee assumes the indemnify and hold harmless GEN-PROBE from any and all claims, liabilities or reasonable out-of-pocket expenses arising from or related to any and all claims and will pay all cost of all necessary servicing, repair damages finally awarded in any proceedings or correctionany settlement made with BM's consent with respect to any claims for damages alleged to have been sustained as a result of BM's negligent acts or omissions. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for Excepted from such hold harmless obligation shall be indirect or consequential damages whether or not based on negligence. Sheffield GEN-PROBE will defend, indemnify and hold harmless BM from any and all claims, liabilities or reasonable out-of-pocket expenses arising from or related to any and all claims and will pay all cost of damages finally awarded in any proceedings or any settlement made with GEN-PROBE's consent with respect to any claims for damages alleged to have been sustained as a result of GEN-PROBE's negligent acts or omissions. Excepted from such hold harmless obligation shall have no be indirect or consequential damages whether or not based on negligence. Any liability of BM or GEN-PROBE under this Section 11.2 shall be limited to [***]. 11.3 Each party agrees to promptly give written notice to the other party of the commencement of any action, suit or proceeding for any losses or damages which indemnification may be suffered by sought, and the Licensee (or any person claiming under or indemnifying party, through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) loss of profits, anticipated savings, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant counsel reasonably satisfactory to the express terms indemnified party shall assume the defense thereof. It is agreed, however, that the indemnified party shall be entitled to participate in any such action, suit or proceeding with counsel of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at lawits own choice, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield at its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by lawown expense. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes no representation 7.1 Thunderstone warrants that it has the right to grant the licenses described above. 7.2 Thunderstone shall defend Licensee against any claim that the Licensed Program or Documentation infringes a United States patent, copyright, or trade secret, and gives no warranty shall pay any settlements entered into or undertaking with regard damages awarded against Licensee to the Program and accompanying written materials. All conditions warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contractextent based on such a claim, whether by statute, common law or otherwise, are hereby excluded, including without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant provided that the use (a) Licensee notifies Thunderstone promptly in writing of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection claim; (b) Thunderstone has sole control of the Program to achieve its intended results. The entire risk as to the quality defense and performance of the Program is all related settlement negotiations; and (c) Licensee provides Thunderstone with the Licensee. Should the Program prove defective, the Licensee assumes the cost of all necessary servicingassistance, repair or correction. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield information, and authority to perform the above. 7.3 Thunderstone shall have no liability for any losses or damages which may be suffered by claim of infringement based on (a) use of other than the Licensee (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware latest Major Release of the circumstances in which Licensed Program, if the infringement would have been avoided by use of the latest Major Release; (b) modification of the Licensed Program by Licensee if the infringement would have been avoided without such special damage could arise;modification; or (c) the combination or use of the Licensed Program with software or hardware not furnished by Thunderstone if the infringement would have been avoided by use of the Licensed Program without that software or hardware. (ii) loss of profits7.4 In the event the Licensed Program is held to, anticipated savingsor Thunderstone believes it is likely to be held to, business opportunity infringe a United States patent, copyright or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees thattrade secret, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee Thunderstone shall have no remedy in respect of any representation the right at its sole option and expense to (whether written a) substitute or oralmodify the Licensed Program so that it is non-infringing; (b) made obtain for Licensee a license to it on which it relied in entering into this Agreement continue using the Licensed Program; or (c) if (a) and Sheffield shall have no liability otherwise than pursuant to the express terms of (b) are not reasonably practicable, terminate this Agreement. 5.5 7.5 The exclusions foregoing states Thunderstone's sole obligation and exclusive liability (express, implied, statutory, or otherwise) for any infringements or claims of infringement of any patent, copyright, trademark, trade secret, or other intellectual property right. 7.6 Thunderstone warrants that for a period of ninety days following delivery to Licensee, the Licensed Program, when compiled or installed in accordance with the Documentation, will operate without Major Defect. Thunderstone does not warrant that the Licensed Program will be error-free or will operate without interruption. Thunderstone does not warrant that the Licensed Program will meet Licensee's requirements or will operate in combination with other software. If the warranty set forth in this clause 5 shall apply Section is breached, Thunderstone's sole obligation will be to use commercially reasonable efforts to provide Licensee with an alternative method of achieving the fullest extent permissible at lawdesired functionality (a "work around") or, but Sheffield in Thunderstone's discretion, a Software Update to correct the Defect. Thunderstone, however, does not exclude liability warrant that all Defects can be corrected. If Licensee reports a Defect within 90 days of delivery, and if Thunderstone cannot provide Licensee with a work around or correct the Defect after making commercially reasonable efforts to so do, Thunderstone will reduce the License Fees due pursuant to this Agreement by an equitable amount to reflect the lessened utility of the Licensed Program, if any. Licensee shall not be entitled to assert any claim for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale limited warranty stated in this Section unless the claim is made in writing and delivered to Thunderstone within ninety days after delivery of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under the Licensed Program. Thunderstone has no obligation to provide further copies of the Program repair any Defect that results from accident, abuse or misapplication. 7.7 THUNDERSTONE HEREBY DISCLAIMS ALL OTHER WARRANTIES TO LICENSEE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED PROGRAM OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. 7.8 THE EXPRESS LIMITED WARRANTY AND REMEDY STATED ABOVE IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF THUNDERSTONE FOR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OR INABILITY TO USE THE LICENSED PROGRAM, EVEN IF THUNDERSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 7.9 IN NO EVENT WILL THUNDERSTONE BE LIABLE TO LICENSEE FOR DAMAGES OR ANY OTHER AMOUNTS THAT EXCEED THE TOTAL OF THE AMOUNTS PAID TO THUNDERSTONE BY LICENSEE PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH THUNDERSTONE RECEIVED NOTICE OF THE BASIS FOR THE AWARD. 7.10 All warranties stated in this Agreement are immediately void if Licensee or any third party makes any changes to the LicenseeLicensed Program. Thunderstone shall have no obligation to test, debug, repair or certify any Licensed Program that has been modified by Licensee or any third party. 7.11 No Thunderstone employee, agent or representative has the authority to bind Thunderstone to any oral representations or warranties concerning the Licensed Program or Documentation. 7.12 If an Invoice indicates that Licensee has acquired the Search Appliance Software, please see the Terms of Hardware Sale for the relevant hardware warranty and related terms.

Warranty and Liability. 5.1 Sheffield 16.1 SURFCOAST CCTV warrants that the Goods are free from defects in materials and workmanship. This warranty is for 12 months from the effective date of delivery of the Goods, or such period provided in the manufacturer’s warranty documentation accompanying the Goods, whichever is the lesser. 16.2 If the Purchaser makes no representation a valid warranty claim, SURFCOAST CCTV will, at its option, either repair the Goods, supply replacement Goods, or reimburse the Purchaser for the price. SURFCOAST CCTV shall not be liable for defects arising from fair wear and gives no tear or misuse of the Goods. 16.3 The Purchaser is liable for the transport or other cost of sending warranty claim Goods to SURFCOAST CCTV,and for collection of repaired or undertaking with regard replacement Goods. 16.4 SURFCOAST CCTV does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the Competition and Consumer Act 2010) where to do so would contravene that statute, legislation or regulation or cause any part of these terms and conditions to be void and nothing in these terms and conditions is to be interpreted as doing so. 16.5 Subject always to clause 16.4, SURFCOAST CCTV excludes all statutory or implied conditions and warranties to the Program and accompanying written materialsmaximum extent permitted by law, except any implied term, condition, guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (‘Non-excludable Condition’). 16.6 To the fullest extent permitted by law, SURFCOAST CCTV’s liability to the Purchaser for breach of any Nonexcludable Condition which is applicable is limited to, at the option of SURFCOAST CCTV. All conditions warranties If the breach relates to Goods: (a) the replacement of the goods or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitationsupply of equivalent goods, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. Sheffield does not warrant that the use repair of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for goods; (b) the selection payment of the Program to achieve its intended results. The entire risk as to the quality and performance of the Program is with the Licensee. Should the Program prove defective, the Licensee assumes the cost of all necessary servicingreplacing the goods or acquiring equivalent goods; or (c) the payment of the cost of having the goods repaired. 16.7 To the maximum extent permitted by law, repair or correction. Except as expressly stated SURFCOAST CCTV excludes its liability (including, but not limited to, liability in clause 5.5 Sheffield hereby excludes all liability tort, contract and for negligence. Sheffield shall have no liability for any losses or damages which may be suffered by breach of statute) to the Licensee (Purchaser or any other person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categoriesfor: (ia) special any loss or damage even though Sheffield was aware of the circumstances in which such special damage could arise; (ii) consequential or otherwise for any special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, anticipated savingscontracts, business opportunity or goodwillrevenue arising out of or in connection with the provision of the Goods and whether as a result of any breach, default, negligence or otherwise by SURFCOAST CCTV suffered or incurred by the Purchaser or any other person in relation to the Goods; and (iiib) in particular, but without limiting clause 16.7(a), any loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees thator damage consequential or otherwise suffered or incurred by the Purchaser or any other person caused by or resulting directly from any failure, in entering into this Agreement, it did not rely on any representations (whether written defect or oral) deficiency of any kind of or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to the express terms of this AgreementGoods. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under no obligation to provide further copies of the Program to the Licensee.

Warranty and Liability. 5.1 Sheffield makes no representation 4.1. Company warrants that Material shall conform to Company's Drug Master File (DMF), the applicable bulk product monograph and gives no warranty the specifications as described in Exhibit A, attached hereto, as such specifications may from time-to-time be amended by mutual written agreement or undertaking with regard by requirement of the Federal Food and Drug Administration (FDA), other governmental body or the then current edition of the U.S. Pharmacopoeia (collectively, "Specifications"); and Company's production of Material shall conform to all applicable laws and regulations of the FDA, the Drug Enforcement Administration (DEA) and other cognizant governmental bodies as required. 4.2. Company warrants and guarantees that, as of the date of each shipment hereunder of any articles subject to the Program provisions of the Federal Food, Drug and accompanying written materialsCosmetic Act (the "Act"), such article is not, when shipped, adulterated or misbranded within the meaning of the Act or of any applicable state law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, or an article which may not, under the provisions of Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. All conditions warranties COMPANY MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE MATERIAL WHETHER USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES. 4.3. Buyer shall have the right to inspect from time to time and upon reasonable prior notice to Company, Company's manufacturing facilities. 4.4. Company will provide Buyer with a Certificate of Analysis containing the results of all assays required to be run in the Specifications as well as a preshipment sample from the Material batch. Buyer reserves the right to expressly waive from time to time the preshipment sample. The preshipment sample will be deemed accepted by Buyer upon final release by Buyer's Quality Control Department, but in no event later than sixty (60) days after receipt of the preshipment sample. During such period, Buyer as it deems necessary in accordance with its customary practices and procedures, may run the tests set forth in Exhibit A, no later than sixty (60) days after receipt of the preshipment sample. Buyer shall notify Company in writing that the material does or other terms which might have effect between does not meet Specifications. In the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including without limitationevent the preshipment sample does not meet Specifications, the implied conditionssample shall be returned by Buyer to Company at Company's expense. 4.4.1. In the event that the preshipment sample does meet Specifications, warranties or is waived by Buyer, Company will ship Material with a Certificate of Analysis in accordance with Sections 5 and 10 to Buyer, subject to Section 6 hereof. Material will be deemed accepted by Buyer upon final release by Buyer's Quality Control Department, but in no event later than sixty (60) days after receipt of the Material sold hereunder. During such period, Buyer as it deems necessary in accordance with its customary practices and procedures, may run tests set forth in Exhibit A hereto as well as any other terms as to satisfactory qualityapplicable tests, fitness and shall examine the Material for purpose any damage, defect or shortage. Buyer shall promptly notify Company in writing if the use of reasonable skill and care. Sheffield Material does not warrant that meet the specifications or is subject to any claim of damage, defect or shortage. In the event the Material does not meet Specifications, or is subject to any claim of damage, defect or shortage, the rejected Material shall not be used by Buyer and shall promptly be returned by Buyer to Company at Company's expense, or such other mutually agreed upon, written response shall be undertaken. 4.4.2. Upon return of any rejected Material and/or rejected preshipment sample, Company will replace the Material at Company's cost and will resubmit to Buyer within ninety (90) days of receipt of additional raw materials from Company's suppliers. BUYER'S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE DAMAGES AND COMPANY'S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGE FROM ANY CAUSE WHATSOEVER, INCLUDING ALLEGED NEGLIGENCE, SHALL IN NO EVENT EXCEED THIS OBLIGATION TO REPLACE THE MATERIAL AND RESUBMIT IT TO BUYER WITHIN THE TIME PERIOD STATED, SUBJECT TO SECTION 4.5 HEREOF. Company shall not be liable for, and Buyer assumes responsibility for, all personal injury and property damage resulting from the handling, possession, or use of the Program will be uninterrupted or error-free. The Licensee accepts responsibility for the selection Material following Buyer's receipt of the Program Material. 4.5. In no event shall Company be liable for special, incidental or consequential damages, whether Buyer's claim for breach of warranty is in contract, negligence, strict liability or otherwise. Buyer agrees to achieve its intended results. The entire risk as to the quality indemnify and performance of the Program is with the Licensee. Should the Program prove defectivehold harmless Company from all losses, the Licensee assumes the cost of all necessary servicingliability, repair or correction. Except as expressly stated in clause 5.5 Sheffield hereby excludes all liability for negligence. Sheffield shall have no liability for any losses or damages damages, and/or expenses which may be suffered by the Licensee (sustained or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories: (i) special damage even though Sheffield was aware claimed against Company arising out of the circumstances in which such special damage could arise; (ii) loss of profitshandling, anticipated savingspossession, business opportunity or goodwill; and (iii) loss of data; The Licensee acknowledges that no representations were made prior to entering into this Agreement. The Licensee agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement. The Licensee shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and Sheffield shall have no liability otherwise than pursuant to the express terms of this Agreement. 5.5 The exclusions in this clause 5 shall apply to the fullest extent permissible at law, but Sheffield does not exclude liability for death or personal injury caused by the negligence of Sheffield its officers, employees, contractors or agents for fraud, breach use of the obligations implied by section 12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000Material, or any other liability which may not be excluded by law. 5.6 Sheffield shall be under no obligation to provide further copies following Buyer's receipt of the Program to the LicenseeMaterial.