Common use of WARRANTY, LIABILITY AND INDEMNIFICATION Clause in Contracts

WARRANTY, LIABILITY AND INDEMNIFICATION. 8.1 Both Parties warrant that they have the right to grant the rights and licenses in Article II. 8.2 Sandia makes no warranty, express or implied, as to the accuracy or utility of any Sandia Software. Sandia further makes no warranty, express or implied, that the use of any Sandia Software or Sandia Patent Rights will not infringe any United States or foreign patent or copyright. Sandia Software and Sandia Patent Rights are made available to VIGA on an "AS-IS" basis. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREUNDER. 8.3 Sandia and the Government, and their agents, officers and employees shall not be liable for any loss, damage, injury or other casualty of whatsoever kind, or by whomsoever caused, to the person or property of anyone, including VIGA, its Affiliates and Sublicensees, arising out of or resulting from the licenses granted to VIGA herein, or the accuracy and validity of Sandia Software. VIGA agrees for itself, its successors and assigns, to defend, indemnify and hold Sandia and the Government, harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorney's fees incurred by or imposed on VIGA in connection therewith) for such loss, damage, injury or other casualty. 8.4 Sandia shall retain the sole right to bring litigation for infringement of Sandia Patent

WARRANTY, LIABILITY AND INDEMNIFICATION. 8.1 Both Parties warrant that they have the right to grant the rights and licenses in Article II. 8.2 Sandia 8.1. NTESS makes no warranty, express or implied, as to the accuracy accuracy, validity, or utility of any Sandia SoftwareNTESS PATENTS. Sandia NTESS further makes no warranty, express or implied, that the use of any Sandia Software or Sandia Patent Rights NTESS PATENTS will not infringe any United States or foreign patent or copyrightintellectual property. Sandia Software and Sandia Patent Rights NTESS PATENTS are made available to VIGA Licensee on an "“AS-IS" ” basis. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREUNDER. 8.3 Sandia and 8.2. Neither NTESS, joint intellectual property owners, if any, the GovernmentGOVERNMENT, and nor their agents, officers and employees shall not be liable for any loss, damagedamage (including, incidental, consequential and special), injury or other casualty of whatsoever kind, or by whomsoever caused, to the person or property of anyone, including VIGALicensee, its Affiliates affiliates, successors, and Sublicenseesassigns, arising out of or resulting from the licenses granted to VIGA Licensee herein, or the accuracy and validity of Sandia SoftwareNTESS PATENTS. 8.3. VIGA Licensee hereby warrants and represents that it is a United States citizen, lawful permanent resident alien of the United States, or an organization or entity organized in the United States or one of the states or territories thereof. Licensee further warrants and represents that it is not subject to debarment by any element of the United States Government and is not owned or controlled by a foreign entity under US export restrictions or embargo. Breach or misrepresentation of this Section 8.3 shall constitute an immediate breach of this License, and NTESS shall be entitled to any and all relief under equity and law, including injunctive relief. 8.4. Licensee agrees for itself, its affiliates, successors and assigns, to defend, defend NTESS and to indemnify and hold Sandia NTESS, any joint intellectual property owners, and the Government, GOVERNMENT harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorney's fees incurred by or imposed on VIGA NTESS or the GOVERNMENT in connection therewith) for such loss, damagedamage (including incidental, consequential and special), injury or other casualtycasualty arising out of or resulting from the licenses granted to Licensee herein. 8.4 Sandia shall retain the sole right to bring litigation for infringement of Sandia Patent8.5. NEITHER NTESS, JOINT INTELLECTUAL PROPERTY OWNERS, IF ANY, THE GOVERNMENT, NOR ANY OF THEIR AGENTS, OFFICERS OR EMPLOYEES 1) MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF NTESS HAS BEEN INFORMED OF SUCH PURPOSE, OR 2) ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED HEREIN OR REPRESENTS THAT THEIR USES WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

WARRANTY, LIABILITY AND INDEMNIFICATION. 8.1 Both Parties warrant that they have the right to grant the rights and licenses in Article II. 8.2 Sandia 8.1. NTESS makes no warranty, express or implied, as to the accuracy accuracy, validity, or utility of any Sandia SoftwareNTESS PATENTS. Sandia NTESS further makes no warranty, express or implied, that the use of any Sandia Software or Sandia Patent Rights NTESS PATENTS will not infringe any United States or foreign patent or copyrightintellectual property. Sandia Software and Sandia Patent Rights NTESS PATENTS are made available to VIGA Licensee on an "“AS-IS" ” basis. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREUNDER. 8.3 Sandia and 8.2. Neither NTESS, joint intellectual property owners, if any, the GovernmentGOVERNMENT, and nor their agents, officers and employees shall not be liable for any loss, damagedamage (including, incidental, consequential and special), injury or other casualty of whatsoever kind, or by whomsoever caused, to the person or property of anyone, including VIGALicensee, its Affiliates affiliates, successors, and Sublicenseesassigns, arising out of or resulting from the licenses granted to VIGA Licensee herein, or the accuracy and validity of Sandia SoftwareNTESS PATENTS. 8.3. VIGA Licensee hereby warrants and represents that it is an organization or entity organized in the United States or one of the states or territories thereof, and further represents and warrants that it is in compliance with all laws and regulations regarding foreign ownership and/or foreign investment in the United States and organizations domiciled therein. Breach or misrepresentation of this Section 8.3 shall constitute an immediate breach of this License, and NTESS shall be entitled to any and all relief under equity and law, including injunctive relief. 8.4. Licensee agrees for itself, its affiliates, successors and assigns, to defend, defend NTESS and to indemnify and hold Sandia NTESS, any joint intellectual property owners, and the Government, GOVERNMENT harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorney's fees incurred by or imposed on VIGA NTESS or the GOVERNMENT in connection therewith) for such loss, damagedamage (including incidental, consequential and special), injury or other casualtycasualty arising out of or resulting from the licenses granted to Licensee herein. 8.4 Sandia shall retain the sole right to bring litigation for infringement of Sandia Patent8.5. NEITHER NTESS, JOINT INTELLECTUAL PROPERTY OWNERS, IF ANY, THE GOVERNMENT, NOR ANY OF THEIR AGENTS, OFFICERS OR EMPLOYEES 1) MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF NTESS HAS BEEN INFORMED OF SUCH PURPOSE, OR 2) ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED HEREIN OR REPRESENTS THAT THEIR USES WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

WARRANTY, LIABILITY AND INDEMNIFICATION. 8.1 Both Parties warrant 9.1 Sandia warrants that they have it owns the Sandia Patent, has the right to assert copyright in Sandia Software and has the right to grant the rights and licenses in Article II. 8.2 9.2 Sandia makes no warranty, express or implied, as to the accuracy or utility of any Sandia Software. Sandia further makes no warranty, express Software or implied, that the use of any Sandia Software or Sandia Patent Rights will not infringe any United States or foreign patent or copyright. Sandia Software and Sandia Patent Rights are made available hereunder to VIGA R2 on an "AS-IS" basis. To the best of Sandia's knowledge, no valid patent or copyright exists in the United States of America which would be infringed by either the Sandia Software or a product made in accordance with the Sandia Patent. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREUNDER. ________________________________________________________________________________ * * *Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 8.3 9.3 Sandia and the Government, and their agents, officers and employees shall not be liable for any loss, damage, injury or other casualty of whatsoever kind, or by whomsoever caused, to the person or property of anyone, including VIGA, its Affiliates and SublicenseesR2, arising out of or resulting from the licenses license granted to VIGA herein, R2 herein or the accuracy and validity of Sandia Software. VIGA , or from any system in the Field of Agreement or component thereof made, used, sold, leased or transferred by R2 and R2 agrees for itself, its successors and assigns, to defend, indemnify and hold Sandia and the Government, harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorney's fees incurred by or imposed on VIGA R2 in connection therewith) for such loss, damage, injury or other casualty. 8.4 9.4 Except as provided in Article 9. 1, Sandia makes no warranty or guarantee in respect of the validity of Sandia Patent. 9.5 Sandia shall retain the sole right to bring litigation for infringement of Sandia Patent. R2 shall promptly bring to Sandia's attention any information of which R2 is aware of relating to third party infringement of Sandia Patent. R2 shall notify Sandia, in writing, that a competitor of R2 is conducting operations which infringe a claim included in Sandia Patent. If within one (1) year thereafter Sandia fails to institute legal action against such competitor for infringement of said claim, or in the alternative, fails to license such competitor under Sandia Patent, Sandia agrees that the royalty due from R2 under Article IV and EXHIBIT D shall be calculated as if such competitor had been licensed by Sandia. 9.6 Sandia and the Government shall not be responsible or have any liability whatsoever for any infringement by R2 of any third party patent or copyright relating to Licensed Product.

WARRANTY, LIABILITY AND INDEMNIFICATION. 8.1 Both Parties warrant that they have the right to grant the rights and licenses in Article II. 8.2 8.1. Sandia makes no warranty, express or implied, as to the accuracy accuracy, validity, or utility of any Sandia SoftwareSANDIA PATENTS. Sandia further makes no warranty, express or implied, that the use of any Sandia Software or Sandia Patent Rights SANDIA PATENTS will not infringe any United States or foreign patent or copyrightintellectual property. Sandia Software and Sandia Patent Rights SANDIA PATENTS are made available to VIGA Licensee on an "“AS-IS" ” basis. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREUNDER. 8.3 Sandia and 8.2. Neither Sandia, joint intellectual property owners, if any, the GovernmentGOVERNMENT, and nor their agents, officers and employees shall not be liable for any loss, damagedamage (including, incidental, consequential and special), injury or other casualty of whatsoever kind, or by whomsoever caused, to the person or property of anyone, including VIGALicensee, its Affiliates affiliates, successors, and Sublicenseesassigns, arising out of or resulting from the licenses granted to VIGA Licensee herein, or the accuracy and validity of Sandia SoftwareSANDIA PATENTS. 8.3. VIGA Licensee agrees for itself, its affiliates, successors and assigns, to defend, defend Sandia and to indemnify and hold Sandia Sandia, any joint intellectual property owners, and the Government, GOVERNMENT harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorney's fees incurred by or imposed on VIGA Sandia or the GOVERNMENT in connection therewith) for such loss, damagedamage (including incidental, consequential and special), injury or other casualty. 8.4 Sandia shall retain the sole right to bring litigation for infringement of Sandia Patent8.4. NEITHER SANDIA, JOINT INTELLECTUAL PROPERTY OWNERS, IF ANY, THE GOVERNMENT, NOR ANY OF THEIR AGENTS, OFFICERS OR EMPLOYEES, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SANDIA HAS BEEN INFORMED OF SUCH PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

WARRANTY, LIABILITY AND INDEMNIFICATION. 8.1 Both Parties warrant 7.1 Sandia warrants that they have it has the right to grant the rights and licenses in Article II. 8.2 7.2 Sandia makes no warranty, express or implied, as to the accuracy or utility of any Sandia SoftwarePatent Rights. Sandia further makes no warranty, express or implied, that the use of any Sandia Software or Sandia Patent Rights made available to SCI under this License Agreement will not infringe any United States or foreign patent patent, copyright, or copyrighttrade secret. Sandia Software and Under this License Agreement, Sandia Patent Rights are is made available to VIGA SCI on an "AS-IS" basis. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREUNDER. 8.3 7.3 Sandia and the Government, Government and their agents, officers and employees shall not be liable for any loss, damage, injury or other casualty of whatsoever kind, or by whomsoever caused, to the person or property of anyone, including VIGA, SCI and its Affiliates and SublicenseesAffiliates, arising out of or resulting from the licenses granted to VIGA SCI herein, or the accuracy and validity of Sandia Software. VIGA Patent Rights, or from any system in the Field of Use or component thereof made, used, sold, leased or transferred by SCI or its Affiliates, and SCI agrees for itself, its successors and assigns, to defend, indemnify and hold Sandia and the Government, harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorney's fees incurred by or imposed on VIGA SCI or its Affiliates in connection therewith) for such loss, damage, injury or other casualty. 8.4 7.4 Sandia makes no warranty or guarantee in respect of the validity of Sandia Patent Rights. 7.5 Sandia shall retain the sole right to bring litigation for infringement of Sandia PatentPatent Rights. SCI shall promptly bring to Sandia's attention any information of which SCI is aware of relating to third party infringement of Sandia Patent Rights.