Common use of Warranty and Limitations Clause in Contracts

Warranty and Limitations. Seller’s products are warranted to be manufactured in accordance with specifications identified, modified where necessary to meet a reasonable interpretation, and to be free in defects of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement for defective or non-conforming products, or to the allowance of a credit for such products, all at our option, strictly in accord with the procedure as stated in Article 5 – Claims. b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT WARRANTY OF TITLE. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATED, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASE.

Warranty and Limitations. Seller’s products are warranted 8.1 While the Licensed Production Software and Licensed Production Dongle is believed by RSD to be manufactured in accordance with specifications identified, modified where necessary to meet a reasonable interpretation, and to be free in defects of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement for defective or non-conforming products, or to the allowance of a credit for such products, all at our option, strictly in accord conform substantially with the procedure as stated applicable Documentation at the time of its shipment to Licensee, Licensee acknowledges that some errors are inevitable in Article 5 – Claimsa product of this nature. b. SELLER ACCEPTS NO RESPONSIBILITY 8.2 THE LICENSED PRODUCTION SOFTWARE AND LICENSED PRODUCTION DONGLE IS LICENSED TO LICENSEE WITH THE WARRANTY THAT THE LICENSED PRODUCTION SOFTWARE AND LICENSED PRODUCTION DONGLE WILL FOR A PERIOD OF ONE YEAR FROM DATE OF DELIVERY PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS SPECIFICATIONS AS AMENDED FROM TIME TO TIME. RSD DOES NOT WARRANT THAT THE DESIGN OPERATION OF THE PROJECT LICENSED PRODUCTION SOFTWARE AND LICENSED PRODUCTION DONGLE WILL NOT BE INTERRUPTED BY REASON OF ANY DEFECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN THAT ALL ERRORS CAN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT WARRANTY OF TITLEWILL BE CORRECTED. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE 8.3 RSD SHALL NOT BE LIABLE FOR CONSEQUENTIALANY SPECIAL, INDIRECT INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGESLOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LICENSED PRODUCTION SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES LICENSED PRODUCTION DONGLE OR PENALTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISETHIS AGREEMENT. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. 8.4 THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND WARRANTIES IN THIS SECTION 8 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATEDPURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 8.5 The total liability of RSD for damages arising out of this Agreement, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASEregardless of the form of action, shall not exceed the amount paid by LICENSEE to RSD specifically in accordance with the fees in this Agreement only, to the date of the breach or default giving rise to the liability. 8.6 RSD warrants it is the legal owner of the Licensed Production Software and Licensed Production Dongle, has the right to license its use and indemnifies Licensee against any claims challenging its ownership rights.

Warranty and Limitations. Seller’s products are warranted to 10.1 NOVO represents and warrants as follows: (a) that the Work provided hereunder will be manufactured performed in accordance with specifications identified, modified where necessary to meet a reasonable interpretationprofessional manner; (b) that the Work shall be free of material bugs and defects, and to shall not contain any timebombs, viruses or other harmful components; (c) that the Work shall be free in defects year 2000 compliant, which shall mean that the NOVO Technology, the NOVO Work Product and the Work will not experience material error, loss of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement for defective or non-conforming productsfunctionality, or abnormal software operation when processing, calculating, comparing, or sequencing dates before, during and after the calendar year 2000; and (d) that the NOVO Technology and NOVO Work Product shall not infringe or violate the IP Rights or other rights of any third party. Such warranty does not cover any deficiency due to any modification by anyone other than NOVO or its subcontractors, any abuse or misuse of the allowance of a credit for Work by CUSTOMER, or extraordinary or unusual environmental conditions, including operating environment (unless such products, all at our option, strictly in accord with conditions were contemplated by the procedure as stated in Article 5 – Claimsparties). b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS 10.2 THIS WARRANTY SET FORTH IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY THIS SECTION IS EXCLUSIVE AND BOTH PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY. INCLUDING, EXCEPT WARRANTY OF TITLE. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES THE IMPLIED WARRANTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KINDMERCHANTABILITY, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATEDPURPOSE AND NON-INFRINGEMENT, WHICH ARE EACH EXPRESSLY DISCLAIMED AND EACH PARTY HEREBY EXPRESSLY WAIVES SUCH WARRANTIES. 10.3 EXCEPT TO THE EXTENT PROVIDED IN SECTION 11 BELOW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE WORK OR THE USE OR INABILITY TO USE THE WORK, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE COMMITMENTS POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN NO EVENT SHALL NOVO BE LIABLE FOR THE SELLER EXPRESSLY SET FORTH HEREIN AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. EXCEPT FOR LIABILITY ARISING UNDER SECTION 11, IN NO EVENT WILL EITHER PARTY'S LIABILITY HEREUNDER EXCEED THE NORWECO PRODUCT LITERATURE AND/TOTAL PAYMENTS RECEIVED BY NOVO FOR WORK DEVELOPED OR WARRANTY ACCOMPANYING YOUR PURCHASESERVICES PROVIDED PURSUANT TO THIS AGREEMENT.

Warranty and Limitations. Seller’s products are warranted 8.1 While the Licensed Production Software is believed by RSD to be manufactured in accordance with specifications identified, modified where necessary to meet a reasonable interpretation, and to be free in defects of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement for defective or non-conforming products, or to the allowance of a credit for such products, all at our option, strictly in accord conform substantially with the procedure as stated applicable Documentation at the time of its shipment to Licensee, Licensee acknowledges that some errors are inevitable in Article 5 – Claimsa product of this nature. b. SELLER ACCEPTS NO RESPONSIBILITY 8.2 THE LICENSED PRODUCTION SOFTWARE IS LICENSED TO LICENSEE WITH THE WARRANTY THAT THE LICENSED PRODUCTION SOFTWARE WILL FOR A PERIOD OF ONE YEAR FROM DATE OF DELIVERY PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS SPECIFICATIONS AS AMENDED FROM TIME TO TIME. RSD DOES NOT WARRANT THAT THE DESIGN OPERATION OF THE PROJECT LICENSED PRODUCTION SOFTWARE WILL NOT BE INTERRUPTED BY REASON OF ANY DEFECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN THAT ALL ERRORS CAN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT WARRANTY OF TITLEWILL BE CORRECTED. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE 8.3 RSD SHALL NOT BE LIABLE FOR CONSEQUENTIALANY SPECIAL, INDIRECT INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES LOSS OR PENALTIES DAMAGE ARISING OUT OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE THE LICENSED PRODUCTION SOFTWARE OR OTHERWISETHIS AGREEMENT. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. 8.4 THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND WARRANTIES IN THIS SECTION 8 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATEDPURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 8.5 The total liability of RSD for damages arising out of this Agreement, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASEregardless of the form of action, shall not exceed the amount paid by LICENSEE to RSD specifically in accordance with the fees in this Agreement only, to the date of the breach or default giving rise to the liability. 8.6 RSD warrants it is the legal owner of the Licensed Production Software, has the right to license its use and indemnifies Licensee against any claims challenging its ownership rights.

Warranty and Limitations. Seller’s products are warranted A. Seller warrants that the Products, sold hereunder will conform with the specifications attached hereof, and will be free from defects in material and workmanship for a period of fifteen (15) months from the date upon which Seller delivers to be manufactured Buyer in accordance with specifications identified, modified where necessary to meet a reasonable interpretation, and to be free in defects of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement for defective or non-conforming products, or to the allowance of a credit for such products, all at our option, strictly in accord with the procedure as stated in Article 5 – Claimsdelivery terms. b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT B. SELLER'S WARRANTY OF TITLE. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE HEREIN IS EXCLUSIVE AND IN LIEU OF AND EXCLUDES ALL EXPRESS OTHER WARRANTIES, EXPRESS, IMPLIED, OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND STATUTORY, OR OTHERWISE CREATED, INCLUDING, BUT NOT LIMITED TO, THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATEDIN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF SELLER, UNLESS SPECIFICALLY PROVIDED HEREIN. IN ADDITION, THIS WARRANTY SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECTED TO ABUSE, MISUSE, IMPROPER INSTALLATION, MAINTENANCE OR OPERATION, ELECTRICAL FAILURE OR ABNORMAL CONDITIONS, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN TO PRODUCT WHICH HAS BEEN TAMPERED WITH, ALTERED, MODIFIED, REPAIRED OR REWORKED BY ANYONE NOT APPROVED BY SELLER. SELLER'S SOLE AND IN THE NORWECO EXCLUSIVE LIABILITY UNDER THIS WARRANTY SHALL BE TO REPLACE OR REPAIR, AT ITS DISCRETION, ANY DEFECTIVE PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASEPART THEREOF.

Warranty and Limitations. Seller’s products are warranted 7.1 Xylan warrants to be manufactured in accordance with specifications identified, modified where necessary to meet a reasonable interpretationBuyer, and only to Buyer, that hardware Products delivered on or after the Effective Date of this Agreement will be free from material defects in defects material and workmanship under conditions of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement normal and proper use and will substantially conform to Product specifications for defective or non-conforming products, or a period of twelve (12) months from date of shipment to the allowance of a credit for such products, all at our option, strictly in accord with the procedure as stated in Article 5 – ClaimsBuyer. b. SELLER ACCEPTS NO RESPONSIBILITY 7.2 Xylan warrants to Buyer and only to Buyer that hardware Products delivered prior to the Effective Date of this Agreement will be free from material defects in material and workmanship under conditions of normal and proper use and 7.3 BUYER'S SOLE AND EXCLUSIVE REMEDY FOR THE DESIGN ANY BREACH OF THE PROJECT FOREGOING WARRANTY SHALL BE REPLACEMENT OF OR INSTALLATION (AT XYLAN'S OPTION IF DESPITE COMMERCIALLY REASONABLE EFFORTS REPLACEMENT IS IMPRACTICAL) REFUND FOR RETURNED NON-CONFORMING UNITS OF THE PRODUCTS DELIVEREDFOR WHICH FULL DOCUMENTATION AND PROOF OF NON- CONFORMITY IS PROVIDED TO XYLAN WITHIN THE APPLICABLE WARRANTY PERIOD AFTER THE ORIGINAL NON-CONFORMING UNITS ARE RECEIVED BY BUYER. ANY DEFECTS IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT WARRANTY OF TITLE. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE SHALL FOR THE FOREGOING WARRANTIES XYLAN DOES NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. WARRANT THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY PRODUCT OR PERFORMANCE, DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO, PRODUCT, SPECIFICATIONS, SUPPORT SERVICE OR ANYTHING ELSE AND DOES NOT MAKE ANY WARRANTY TO BUYER'S DISTRIBUTORS, CUSTOMERS OR AGENTS. OUR SOLE RESPONSIBILITY IS XYLAN HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS STATED, PROVIDED ABOVE. 7.4 THIS WARRANTY DOES NOT INCLUDE AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING XYLAN SHALL NOT BE RESPONSIBLE FOR DAMAGE TO THE PRODUCTS SOLELY ON THE BASIS RESULTING FROM A CAUSE OTHER THAN PRODUCT DEFECT OR MALFUNCTION, INCLUDING IMPROPER INSTALLATION, NEGLECT, ACCIDENT, UNREASONABLE USE, OR SERVICING OR MODIFICATION OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/BY ANYONE OTHER THAN XYLAN OR WARRANTY ACCOMPANYING YOUR PURCHASEAN ORGANIZATION CERTIFIED BY XYLAN. 7.5 Warranty service may be obtained by (i) providing the Xylan Customer Service Department with written notification of a defect before the expiration of the warranty period, (ii) returning the defective product to Xylan's designated repair depot within sixty (60) days of Xylan's issuance of a Return Material Authorization ("RMA"), and (iii) providing proof of purchase date and written description of the problem or failure. Buyer agrees to prepay shipping charges and assume risk of loss or damage in transit. Buyer's failure to package the hardware Product in the original packaging or packaging substantially similar to the original packaging may void the warranty. If the hardware Product is damaged in transit, the customer must file a claim with the carrier. Xylan will be responsible for payment of shipping charges for return of the hardware Product to Buyer. Upon return of such repaired Product, the warranty with respect to such Product will continue for the remaining unexpired warranty or ninety (90) days, whichever is longer. 7.6 No hardware Product may be returned or exchanged for repair except as provided for herein. All repairs shall be performed at a Xylan authorized service center. To return an item for repair, the Xylan Customer Service Department must be contacted to obtain an RMA number. No equipment may be returned without obtaining this RMA number. 7.8 Xylan shall provide to Buyer out of warranty repair for Products at its then prevailing repair rates less Buyer's discount per Exhibit A and according to the terms and conditions of this Section 7.

Warranty and Limitations. Seller’s products are warranted 10.1 NOVO warrants that the Work provided hereunder will be performed in a professional manner. In order to receive warranty remedies, deficiencies must be manufactured in accordance with specifications identifiedreported within ninety (90) days from the display or other operation of the Work on a TMS world wide web site or other location accessible by third parties generally. Such warranty does not cover any deficiency due to any modification by anyone other than NOVO, modified where necessary to meet a reasonable interpretation, and to be free in defects any abuse or misuse of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows: a. To the repair or replacement for defective or non-conforming productsWork, or extraordinary or unusual environmental conditions, including operating environment. TMS sole remedy is to have the affected Work re-performed or, at NOVO's option, to receive a refund for the pro rata amount of the fees attributable to the allowance of a credit for such products, all at our option, strictly in accord with the procedure as stated in Article 5 – Claimsaffected Work. b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS 10.2 THIS WARRANTY SET FORTH IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY THIS SECTION IS EXCLUSIVE AND NOVO DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, EXCEPT WARRANTY OF TITLE. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIALINCLUDING, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES THE IMPLIED WARRANTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KINDMERCHANTABILITY, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE. e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen. f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATEDPURPOSE AND NONINFRINGEMENT, WHICH ARE EACH EXPRESSLY DISCLAIMED AND TMS HEREBY EXPRESSLY WAIVES SUCH WARRANTIES. 10.3 EXCEPT TO THE EXTENT PROVIDED IN SECTION 11 BELOW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE WORK OR THE USE OR INABILITY TO USE THE WORK, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE COMMITMENTS POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN ADDITION, IN NO EVENT SHALL NOVO BE LIABLE FOR THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR WARRANTY ACCOMPANYING YOUR PURCHASESERVICES OR ANY OTHER DIRECT DAMAGES.

Warranty and Limitations. SellerForcepoint will perform the Maintenance and Hardware Support in a professional and workmanlike manner consistent with this Maintenance Policy. Customer’s products are warranted to be manufactured in accordance with specifications identified, modified where necessary to meet sole remedy for a reasonable interpretation, and to be free in defects breach of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco this warranty is limited as follows: a. To to terminate Maintenance and/or Hardware Support and receive a refund of the repair unused pre-paid Maintenance Fees and/or Hardware Support Fees paid for the affected Software or replacement for defective or non-conforming productsHardware respectively. THE WARRANTIES SET FORTH IN THIS MAINTENANCE POLICY ARE IN LIEU OF, or to the allowance of a credit for such productsAND FORCEPOINT EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, all at our option, strictly in accord with the procedure as stated in Article 5 – Claims. b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL OTHER WARRANTIES, EXPRESSED EITHER EXPRESS OR IMPLIED, EXCEPT WARRANTY OF TITLE. c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge. d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES IMPLIED WARRANTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KINDMERCHANTABILITY, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE. e. Any action for breach of contract arising from this Agreement shall be commenced by youNON-INFRINGEMENT, if at all, within one (1) year after the cause of action has arisen. f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY TITLE OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATED, AND FREEDOM FROM PROGRAM ERRORS, VIRUSES, OR ANY OTHER MALICIOUS CODE WITH RESPECT TO THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS SOFTWARE AND SERVICES PROVIDED UNDER THIS MAINTENANCE POLICY. IN NO EVENT WILL FORCEPOINT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SPEICAL DAMAGES OR LOSSES ARISING UNDER THIS MAINTENANCE POLICY, EVEN IF IT HAS BEEN ADVISED OF THE COMMITMENTS POSSIBILITY OF SUCH POTENTIAL DAMAGE OR LOSS. FORCEPOINT’S LIABILITY UNDER THIS MAINTENANCE POLICY IS LIMITED TO DIRECT DAMAGES AND ITS AGGREGATE LIABILITY WILL NOT EXCEED THE SELLER EXPRESSLY SET FORTH HEREIN AND IN MAINTENANCE FEES PAID FOR MAINTENANCE DURNIG THE NORWECO PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASE.THEN CURRENT MAINTENANCE TERM. Forcepoint has no obligation to provide Maintenance or Hardware Support to Customer if Customer allows its Maintenance to expire. If Customer allows the Maintenance to lapse, its continued use of the Software is subject to 9 The number of Pre-Designated Support Contacts shall be determined by Forcepoint before or shortly after the commencement of the Maintenance Term. 10 Forcepoint will not be required to respond to inquiries from persons who are not Pre-Designated Support Contacts nor to inquiries from Pre-Designated Support Contacts who have not yet gone through the Level 1 support process with Customer’s help desk.‌ Customer’s compliance with the Agreement, however Customer will not be entitled to receive the Maintenance as outlined in this Maintenance Policy.11