Common use of Warranty Liability Clause in Contracts

Warranty Liability. DyeMansion does not warrant that operation of the Solution will be uninterrupted or error-free. DyeMansion will, however, during the Term resolve errors, problems or non-conformities of the Solution which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Terms. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”, AND ANY FURTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL DYEMANSION BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP and Analysis DyeMansion and its licensors reserve all intellectual property rights in and to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions of the Contract, or (ii) infringe Customer's intellectual property rights.

Warranty Liability. DyeMansion does not warrant that operation of the Solution will be uninterrupted or errorPRODUCER ACKNOWLEDGES THAT GAVILON IS NOT THE MANUFACTURER OF THE CARS AND THAT GAVILON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, VALUE, CONDITION, QUALITY, DESIGN, CAPACITY, MATERIAL WORKMANSHIP, FITNESS OR SUITABILITY FOR ANY PURPOSE OR OTHERWISE BY PRODUCER. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, GAVILON PROVIDES THE CARS “AS-free. DyeMansion willIS” AND WITH ALL FAULTS, however, during the Term resolve errors, problems or non-conformities of the Solution which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Terms. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL RISK, AS BETWEEN PRODUCER AND GAVILON, SHALL BE BORNE BY PRODUCER, AT PRODUCER’S EXPENSE UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GAVILON. EXCEPT FOR GAVILON’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, GAVILON WILL NOT BE LIABLE TO PRODUCER OR ANY PARTY FOR ANY LOSS OR DAMAGE TO REVENUES, PROFITS, OTHER SERVICES ECONOMIC LOSS OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”GOODWILL OR OTHER SPECIAL, AND INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY FURTHER REPRESENTATIONSKIND, GUARANTEESARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, ANY CARS, OR WARRANTIESTHE TRANSACTIONS CONTEMPLATED HEREBY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE EXPRESSLY DISCLAIMED AND EXCLUDED. PRODUCER AGREES THAT IN NO EVENT SHALL DYEMANSION BE LIABLE GAVILON’S AGGREGATE LIABILITY ARISING UNDER, WITH RESPECT TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, WITH THIS AGREEMENT EXCEED THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP and Analysis DyeMansion and its licensors reserve all intellectual property rights in and to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions of the Contract, or (ii) infringe Customer's intellectual property rightsPAYMENTS ACTUALLY RECEIVED FROM PRODUCER HEREUNDER.

Warranty Liability. DyeMansion does (10.1) EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THE APPLICABLE LABELING, INSERTS AND/OR MANUALS FOR THE PRODUCTS AND/OR EQUIPMENT, ADC GRANTS NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE, IN ANY COMMUNICATION WITH CUSTOMER OR ANY CUSTOMER THEREOF, OR OTHERWISE, REGARDING THE PRODUCTS OR EQUIPMENT. ADC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. ADC DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS OR EQUIPMENT WILL BE UNINTERRUPTED OR ERROR-FREE. ADC DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY ADC PRODUCT OR EQUIPMENT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF ADC, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON ADC OR ITS THIRD PARTY SUPPLIERS. Notwithstanding the foregoing, any warranties provided by ADC will not warrant that operation of the Solution will be uninterrupted apply to any Product and/or Equipment delivered to Customer: if it has been misused, altered, damaged or error-free. DyeMansion will, however, during the Term resolve errors, problems or non-conformities of the Solution which are imputable to DyeMansion to keep the Solution operational used other than in accordance with the service levels set forth in applicable labeling, inserts and/or manuals for such Product and/or Equipment; if the Specifications Documents and License Termsserial or lot number, as applicable, of any Product and/or Equipment has been altered, defaced, or removed; or if any repair is attempted by personnel unauthorized by ADC to perform such repair. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”, AND ANY FURTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL DYEMANSION BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP and Analysis DyeMansion and its licensors reserve all intellectual property rights in and Notwithstanding anything to the Solution and all deliverables as well as contrary, for any other development or discovery DyeMansion may make in connection with consummation breach of the Contract. DyeMansion products warranties contained in this Agreement, Customer’s exclusive remedy and ADC’s sole obligation and entire liability shall be entitled to analyzelimited to, with respect to the Solutionat ADC’s option, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted repair or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions replacement of the Contract, nonconforming Product or (ii) infringe Equipment within a commercially reasonable time period after receiving the nonconforming Product or Equipment from Customer's intellectual property rights.

Warranty Liability. DyeMansion does not warrant Seller warrants that operation the Products sold hereunder are free from defects in material and workmanship and conform to SELLER’s published specifications for such Products and that upon payment of the Solution purchase price, CUSTOMER will be uninterrupted receive good title to all such Products free from any lien or error-freeencumbrance. DyeMansion willThe preceding warranties are conditioned on: (i) no repairs, howevermodifications or alterations being made to the Product other than by SELLER or its authorized representatives; (ii) CUSTOMER handling, during using, storing, installing, operating and maintaining the Term resolve errorsProduct in compliance with any parameters or instructions in any specifications attached to, problems or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) CUSTOMER discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) CUSTOMER providing prompt written notice of any warranty; (vi) at SELLER’s discretion, CUSTOMER either removing and shipping the Product or non-conformities conforming part thereof to SELLER, at CUSTOMER's expense, or granting SELLER reasonable access to the Products to assess the warranty claims; (vii) Product not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) CUSTOMER not being in default of the Solution which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Termsany payment obligation. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL NO OTHER SERVICES WARRANTY OF ANY KIND, EXPRESS OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”, AND ANY FURTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIESIMPLIED, WHETHER EXPRESS, IMPLIED, STATUTORY, OF FITNESS OR AGAINST INFRINGEMENT OR OTHERWISE, INCLUDING BUT NOT LIMITED IS MADE AS TO REPRESENTATIONSTHE PRODUCT SOLD OR ANY INSTRUCTIONS OR TECHNICAL ADVICE PROVIDED, GUARANTEES, OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE EXPRESSLY DISCLAIMED AND EXCLUDEDUNLESS SEPARATELY AGREED IN WRITING. IN NO EVENT SHALL DYEMANSION BE LIABLE TO CUSTOMER WILL CUSTOMER’S DAMAGES OR OTHER RECOVERY FROM SELLER IN ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS CAUSE OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACTACTION, WHETHER BASED ON CONTRACTTRACT, TORT, OR ANY OTHER THEORY, EXCEED THE PRICE PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT AS TO WHICH THE CLAIM IS MADE. SELLER SHALL NOT BE LIABLE, AND CUSTOMER WAIVES ALL CLAIMS AGAINST SELLER, FOR PROSPECTIVE PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILIT IN TORT OR ANY OTHER LEGAL THEORYCAUSE OF ACTION. On passage of title to CUSTOMER, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP CUSTOMER assumes all responsibility and Analysis DyeMansion liability for, and its licensors reserve agrees to defend and indemnify SELLER against, all intellectual property rights in and to the Solution and all deliverables as well as any other development claims, loss or discovery DyeMansion may make in connection with consummation damage resulting from CUSTOMER’s storage, handling or use of the Contract. DyeMansion shall be entitled to analyzematerials purchased, alone or in combination with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions of the Contractsubstances, or (ii) infringe Customer's intellectual property rightstheir containers.

Warranty Liability. DyeMansion If you obtained the SOFTWARE on physical media (such as a CD or DVD), InterAC warrants for a period of thirty (30) days from the date of purchase that the media on which the SOFTWARE is delivered will be free from defects in material and workmanship. InterAC will replace the defective media during the warranty period at no additional cost to you. InterAC warrants that the SOFTWARE under normal use will be conform to its User’s Guide for a ninety (90) days following date of purchase. This warranty does not warrant that operation of the Solution will be uninterrupted or error-free. DyeMansion will, however, during the Term resolve errors, problems or non-conformities of the Solution apply to SOFTWARE TRIAL LICENSES which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Termsprovided without any warranty. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE SOFTWARE IS PROVIDED HEREUNDER “"AS IS”", WITHOUT OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER InterAC MAKE ANY FURTHER REPRESENTATIONS, GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR THE WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTTHAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, AS WELL AS COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY InterAC THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL REMEDIES RESPONSIBILITY AND RISK FOR THE SELECTION OF SIMILAR EFFECTTHE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, ARE EXPRESSLY DISCLAIMED USE AND EXCLUDEDRESULTS OBTAINED FROM IT. IN NO EVENT SHALL DYEMANSION InterAC, ITS EMPLOYEES, ITS DISTRIBUTORS, ITS SALES PARTNERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY OTHER SPECIAL DAMAGES, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY DIRECTLY OR INDIRECTLY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION, A DAMAGES FOR LOSS OF PROFITBUSINESS PROFITS, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGSBUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) DATA ARISING OUT OF, OF THE USE OR IN CONNECTION WITH, NON-USE OR INABILITY TO USE THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS SOFTWARE) EVEN IF InterAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF InterAC SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEEDING THE CLAIM. DYEMANSION’S LIABILITY IN CONNECTION InterAC MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED CONCERNING THE PARTICULAR APPLICATIONS MADE WITH THE CONTRACTSOFTWARE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT WITH RESPECT TO THE LOWER SOFTWARE PROVIDED, INCLUDING WITHOUT LIMITATIONS, ANY IMPLIED WARRANTIES OF (A) 100% MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEARWHICH ARE EXPRESSLY DISCLAIMED. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERSThe foregoing warranties are in lieu of all other warranties express or implied. IP and Analysis DyeMansion and its licensors reserve all intellectual property This warranty gives you specific legal rights, but you may also have other rights in and that vary from country to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions of the Contract, or (ii) infringe Customer's intellectual property rightscountry.

Warranty Liability. DyeMansion does not warrant Genetec warrants that operation any services provided as part of the Solution Services will be uninterrupted carried out with reasonable care and skill. Genetec’s sole liability and the End-User’s exclusive remedy for breach of this limited warranty shall be at Genetec’s sole option to give credit for, or errorre-freeperform the Services. DyeMansion will, however, during the Term resolve errors, problems or non-conformities Warranty claims for Services must be made to Genetec within 90 days of the Solution which are imputable completion of same. During the term set out in the GenetecTM Advantage Certificate, Genetec warrants that any Software Product delivered as part of the Services to DyeMansion to keep the Solution operational End-User, will perform in all material respects in accordance with the service levels set forth accompanying user manual, and the media on which the Software Product resides will be free from defects in materials and workmanship under normal use. GENETEC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL OTHERWISE MEET THE END USER'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE ERROR FREE OR UNINTERRUPTED. Genetec's entire liability and the Specifications Documents and License TermsEnd-User's exclusive remedy under this limited warranty provision shall be, at Genetec’s sole option, either (a) refund of the price paid for the period of coverage under the GenetecTM Advantage Certificate, or (b) repair or replacement of the portions of the Software Product that do not comply with this limited warranty. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”WARRANTIES, AND ANY FURTHER REPRESENTATIONS, GUARANTEESTERMS AND CONDITIONS (STATUTORY, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, IMPLIED OR OTHERWISE) AS TO QUALITY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONSCONDITION, GUARANTEESDESCRIPTION, MERCHANTIBILITY OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. GENETEC SHALL IN NO EVENT SHALL DYEMANSION BE LIABLE TO CUSTOMER UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR ANY THIRD PARTY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, INDIRECT, SPECIALCONSEQUENTIAL, PUNITIVEINCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, EXEMPLARY FROM ANY CAUSE ARISING OUT OF THE SALE, INSTALLATION, USE OR CONSEQUENTIAL DAMAGES (INABILITY TO USE ANY PRODUCT OR SERVICE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, INCLUDING, WITHOUT LIMITATION, A LOST PROFITS, LOST BUSINESS REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSS OR ANY LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP and Analysis DyeMansion and its licensors reserve all intellectual property rights in and to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions of the Contract, or (ii) infringe Customer's intellectual property rightsRECORDED DATA.