Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON­ INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND INFRINGEMENT, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE). RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY a. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “"AS IS” AND ", WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS. XEROX AND RED HAT EXCLUDES ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE WARRANTIES, EXPRESS OR IMPLIED, WHETHER CREATED BY LAW (STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,THOSE BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XEROX AND ITS LICENSORS DO NOT GUARANTEE OR WARRANT THAT THE USE OF SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SERVICES, SOFTWARE CAN OR HARDWARE WILL BE UNINTERRUPTEDCORRECTED. ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, COMPLY WITH REGULATORY REQUIREMENTSINCLUDING, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORSBUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED. FOR THE BREACH OF THE WARRANTIES WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN SECTION 10.1CERTAIN JURISDICTIONS, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL IN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE REPERFORMANCE OF DEFICIENT SERVICESMINIMUM REQUIRED BY LAW. b. Software may contain, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERor be modified to contain, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATIONcomputer code capable of automatically disabling proper operation or functioning of Software and/or the system upon which it is installed. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in Such disabling code may be activated (a) if Xerox is denied access to the planning, construction, maintenance, control, or direct operation of nuclear facilitiesSoftware and/or the system as provided herein, (b) aircraft navigation, control or communication systems, weapons systemsyou otherwise breach any term of this Agreement, or (c) direct life support systemssuch license is terminated or expires. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services4.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED PROVID- ED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY DI- RECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, XXXXXX- TIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED KIND, INCLUDING THE IM- PLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDINGOF TITLE, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PUR- POSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESSERVICES OR REPLACEMENT OF THE DE- FECTIVE PRODUCT, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE REA- SONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT RELE- VANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designedde- signed, manufactured or intended for use in (a) the planningplan- ning, construction, maintenance, control, or direct operation opera- tion of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. SALVO LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services. DISPUESTO EN LA CLAUSULA 10.1 O POR LA VENTA EFECTUADA POR UN XXXXXXX BAJO UN CONTRATO POR SEPARADO, LOS SERVICIOS, EL SOFTWARE Y CUALQUIER HARDWARE SE PROPORCIONAN EN EL ESTADO EN QUE SE ENCUENTRAN “TAL CUAL” SIN GARANTÍAS O CONDICIONES DE NINGÚN TIPO, INCLUYENDO LAS GARANTÍAS IMPLÍCITAS DE COMERCIALIZACION, NO VIOLACION Y ADECUACIÓN PARA UN FIN ESPECIFICO. RED HAT NO GARANTIZA NI ASEGURA QUE EL USO DE LOS SERVICIOS, SOFTWARE O HARDWARE SEA ININTERRUMPIDO, CUMPLA LOS REQUISITOS REGULATORIOS, SEA LIBRE DE ERRORES O QUE RED HAT REPARARA TODOS LOS ERRORES DEL SOFTWARE. POR EL INCUMPLIENTO DE LAS GARANTIAS ESTABLECIDAS EN LA CLAUSULA 10.1, EL REMEDIO EXCLUSIVO DEL CLIENTE, Y LA COMPLETA RESPONSABILIDAD DE RED HAT, SERA LA RE- EJECUCION DE LOS SERVICIOS DEFECTUOSOS, O SI RED HAT NO PUDIERA CORREGIR SUSTANCIALMENTE EL INCUMPLIENTO EN CONDICIONES COMERCIALES RAZONABLES, EL CLIENTE PUEDE DAR POR CONCLUIDOS LOS SERVICIOS RELEVANTES Y RECIBIR EL REEMBOLSO DE LAS TARIFAS ABONADAS POR LOS SERVICIOS DEFECTUOSOS PRORRATEADO A PARTIR DE LA FECHA EFECTIVA DE LA INTERRUPCION. Sin limitaciones a la generalidad de la denegación que antecede, el Software, los Servicios, y cualquier hardware que sea provisto no están diseñados, específicamente fabricados o dirigidos para uso en (a) la planificación, construcción, mantenimiento, control, u operación directa de instalaciones nucleares, (b) navegación de aviones, control o sistemas de comunicación, sistemas de armamentos, o (c) sistemas directos de soporte de vida. El Cliente está de acuerdo en que es el único responsable de los resultados obtenidos a partir del uso del Software o los Servicios.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDINGOF TITLE, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESSERVICES OR REPLACEMENT OF THE DEFECTIVE PRODUCT, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW OF XXXXXXX- TABILITY, NON-INFRINGEMENT, TITLE (INCLUDING, WITHOUT WITH- OUT LIMITATION,THOSE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT TITLE TO ANY OPEN SOURCE SOFTWARE PROVIDED HEREUNDER) AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.in

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “"AS IS” " AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT8, THE SERVICES, SERVICES AND SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. MIRANTIS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SERVICES OR SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT MIRANTIS WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 10.1, CLIENT’S CUSTOMER'S EXCLUSIVE REMEDY, AND RED HAT’S MIRANTIS’ ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT MIRANTIS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO PRO-RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, Customer acknowledges that the Software, Software and Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the any life support systems; planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft ; or navigation, control or communication systems, or weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services Licensee expressly acknowledges and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Servicesits documentation is at Licensee's sole risk. The Software, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as convenience only, without warranty by INNOVENTIONS, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, INNOVENTIONS AND INNOVENTIONS’ LICENSER(S) (FOR THE PURPOSES OF PROVISIONS 8 AND 9, INNOVENTIONS AND INNOVENTIONS’ LICENSER(S) SHALL BE COLLECTIVELY REFERRED TO AS INNOVENTIONS) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. INNOVENTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, INNOVENTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ITS DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVENTIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY FEEDBACK FROM EITHER PARTY IS PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, FOR THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT OTHER PARTY’S USE “AS IS” AND WITHOUT BOTH PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONSEXPRESS, CONDITIONS OR OTHER TERMS OF ANY KIND IMPLIED AND RED HAT EXCLUDES ALL STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT. BOTH PARTIES DO NOT REPRESENT OR WARRANT THAT THE FEEDBACK WILL MEET THE OTHER PARTY’S REQUIREMENTS OR THAT THE OPERATION OR IMPLEMENTATION OF THE FEEDBACK WILL BE UNINTERRUPTED OR ERROR-FREE. d. No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMISSIBLE PERMITTED BY LAW APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,THOSE , DAMAGES FOR LOSS OF MERCHANTABILITYBUSINESS PROFITS, SATISFACTORY QUALITYBUSINESS INTERRUPTION, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE LOSS OF BUSINESS INFORMATION, OR WARRANT THAT ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICESFEEDBACK, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR EVEN IF THE BREACH OTHER PARTY HAS BEEN ADVISED OF THE WARRANTIES SET FORTH IN SECTION 10.1POSSIBILITY OF SUCH DAMAGES. Freedom of Action. Developer agrees that this Agreement is nonexclusive and NVIDIA may currently or in the future be developing software, CLIENT’S EXCLUSIVE REMEDYother technology or confidential information internally, AND RED HAT’S ENTIRE LIABILITYor receiving confidential information from other parties that maybe similar to the Feedback and Developer’s confidential information (as provided in subsection 2 above), WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESwhich may be provided to NVIDIA in connection with Feedback by Developer. Accordingly, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERDeveloper agrees that nothing in this Agreement will be construed as a representation or inference that NVIDIA will not develop, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATIONdesign, manufacture, acquire, market products, or have products developed, designed, manufactured, acquired, or marketed for NVIDIA, that compete with the Developer’s products or confidential information. Without limiting RESTRICTED RIGHTS NOTICE: Materials has been developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the generality U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the license agreement under which Materials was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the foregoing disclaimerCommercial Computer Software - Restricted Rights clause at FAR 52.227-19, the Softwareas applicable. Contractor/manufacturer is NVIDIA, Services and any hardware provided are not specifically designed0000 Xxx Xxxxx Xxxxxxxxxx, manufactured or intended for use in (a) the planningSanta Clara, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesCA 95050.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTTHIS SECTION, THE SERVICES, SERVICES AND SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. MIRANTIS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SERVICES OR SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT MIRANTIS WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 10.1, CLIENT’S CUSTOMER'S EXCLUSIVE REMEDY, AND RED HAT’S MIRANTIS ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT MIRANTIS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT PARTNER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, Partner acknowledges that the Software, Software and Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the any life support systems; planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft ; or navigation, control or communication systems, or weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT8, THE SERVICES, SERVICES AND SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. MIRANTIS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SERVICES OR SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT MIRANTIS WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 10.1, CLIENT’S CUSTOMER'S EXCLUSIVE REMEDY, AND RED HAT’S MIRANTIS ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT MIRANTIS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO PRO-RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, Customer acknowledges that the Software, software and Training Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the any life support systems; planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft ; or navigation, control or communication systems, or weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW OF MERCHANTABILITY, TITLE (INCLUDING, WITHOUT LIMITATION,THOSE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE IN ANY OPEN SOURCE SOFTWARE PROVIDED BY RED HAT TO CLIENT HEREUNDER), NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. SALVO LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE PRODUCTS AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT SPLENDID DATA “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT SPLENDID DATA EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-NONI INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE). SPLENDID DATA DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT SPLENDID DATA WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HATSPLENDID DATA’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT SPLENDID DATA CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Products and Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software Products and Services.

DISCLAIMER OF WARRANTY. Neither the Company nor its affiliates are providing tax or legal advice. You acknowledge and agree that you have been advised to and afforded the opportunity to seek the advice and counsel of your own tax and financial advisers. The Company shall not be liable for any inability to provide the Services (in whole or in part) when caused by any event, condition, or circumstance beyond the Company’s reasonable control. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third party providers, or because of other causes beyond the Company’s reasonable control. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT6, THE SERVICES, SOFTWARE AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT “AS AVAILABLE” AND COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDGUARANTEE THE PERFORMANCE OR PROFITABILITY OF YOUR ACCOUNT OR ANY PART THEREOF. THE COMPANY MAKE NO REPRESENTATION OR WARRANTY AS TO WHETHER THE SERVICES ARE COVERED BY THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED FROM TIME TO TIME, AND THE RULES AND REGULATIONS THEREUNDER (COLLECTIVELY, “ERISA”), OR THE COMPANY’S COMPLIANCE THEREWITH, OR THAT THE SERVICES COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE THE INTERNAL REVENUE CODE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES LIMITATIONS AND RESTRICTIONS SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE BY THE REPERFORMANCE OF DEFICIENT INTERNAL REVENUE SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT OPENNMS “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. OPENNMS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT OPENNMS WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S OPENNMS’ ENTIRE LIABILITY, WILL BE THE REPERFORMANCE RE-PERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT OPENNMS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE PRODUCTS AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT ON AN “AS IS” AND WITHOUT “AS AVAILABLE” BASIS. SUDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONSEXPRESS AND IMPLIED, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE. FURTHER, SUDS AND DRB DO NOT GUARANTEE REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES, SOFTWARE ANY SUDS OR HARDWARE DRB SOLUTION WILL BE UNINTERRUPTEDSECURE, COMPLY WITH REGULATORY REQUIREMENTSTIMELY, BE ERROR UNINTERRUPTED OR ERROR-FREE OR THAT RED HAT OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, (C) ANY STORED DATA OR CONTENT WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESACCURATE, RELIABLE, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERNOT SUBJECT TO LOSS, CLIENT MAY TERMINATE (D) ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND SUDS’ OFFERINGS ARE FREE OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATIONVIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting SUDS does not warrant that its deliverables will comply with laws or regulations relating to Customer’s business including but not limited to marketing, texting, or privacy laws/regulations. SUDS strives to exceed Customer’s expectations; however, since marketing results can be influenced by various external forces outside of SUDS’ control, SUDS cannot guarantee specific results or a certain return on investment. Notwithstanding the generality foregoing, if the deliverables to be provided to Customer under the Services Agreement are for custom web application development, SUDS warrants that any programming code developed by SUDS as part of its deliverables shall be free of ‘bugs’ for 90 days after the go-live date. For purposes of this paragraph, ‘bugs’ are defined as programming errors that make the application unable to function in a manner defined by the Service Agreement and does not include upgrades or enhancements to the functionality or graphic design changes. Further, SUDS shall have no responsibility to fix any ‘bugs’ that arise after the go-live date where: 1) the Customer or Customer’s designees have gone into the back-end code and made changes, or 2) Customer has changed the website hosting environment; or 3) a third party component that has been made a part of the foregoing disclaimerdeliverables has been updated or changed by the third party component owner after the go-live date. Unless otherwise specifically noted in the Service Agreement, SUDS does not warrant that any deliverables, including but not limited to websites, created for Customer are accessible, Section 508 or ADA-compliant. Development of an accessible website must be specifically agreed to in the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesService Agreement.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND INFRINGEMENT, QUALITY ANDIOR FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. bࡃЫ➨୕ʥࡓࡿ➴ࣥࢲ—k࠾ᐈᵝk✰㛫✰ู㏵✰3⣙࡟࠾ ࠸࡚᫂♧ⓗ࡟ᐃࡵࡽࢀ࡚࠸ࡿሙྜࢆ㝖ࡁ¸ᮏ9—ࣅࢫ¸ᮏ“ ➚ࢺ࢘➦7ཬࡧ»—ࢻ࢘➦7Ы¸Red Hat ࡟ࡼc࡚¸ࠕ⌧≧ ✰ࡲࡲ]¸࠸“࡞ࡿ✀㢮✰ಖドࡲࡓЫ᮲௳(ࡇࢀ࡟Ы௨ୗ✰ u✰ࡀpࡲࢀࡿࡀ¸ࡑࢀࡽ࡟㝈ᐃࡉࢀࡿbࡅ࡛Ы࠶Nࡲ‡ S;᪥ᮏἲ࡟ᇶYࡃಖド(Ẹἲ➨560᮲࡞࠸b➨570᮲ཬࡧg ἲ➨526᮲࡟ᇶYࡃ㯲♧ಖドࢆpBࡀ¸ࡇࢀࡽ࡟㝈ᐃࡉࢀࡿ bࡅ࡛Ы࠶Nࡲ‡S)¸ཬࡧ¸gရᛶ¸㠀ᶒ฼౵ᐖ¸≉ู┠ ⓗ~✰㐺ྜᛶ✰㯲♧ಖド。)u࡞ࡃ¸ᥦ౪ࡉࢀࡲࡍ。Red Hat Ы¸ᮏ9—ࣅࢫ¸ᮏ“➚ࢺ࢘➦7ࡲࡓЫ»—ࢻ࢘➦7✰✲⏝ ࡀ¸୰᩿ࡉࢀ࡞࠸ࡇk¸つไせ௳ࢆ㑂Ᏺb࡚࠸ࡿࡇk¸^y —✰࡞࠸ࡇk¸࡟❜࠸࡚Ыಖドࢆ⾜bࡎ¸ࡉࡽ࡟¸ࡲࡓЫ Red Hat ࡀᮏ“➚ࢺ࢘➦7✰^y—»࡚ࢆಟṇࡍࡿࡇk࡟❜ ࠸࡚u¸ಖドࢆ⾜࠸ࡲ‡S。➨10.1᮲࡟ᐃࡵࡿಖド✰㐪཯࡟ ❜࠸࡚Ы¸࠾ᐈᵝ࡟ᑐࡍࡿ၏~✰ᩆ῭ᥐ⨨ཬࡧ Red Hat ✰» ㈐௵Ы¸Ḟ㝗✰࠶ࡿᮏ9—ࣅࢫ✰෌ᒚ⾜kb¸Red Hat ࡀg ᴗⓗ࡟ྜ⌮ⓗ࡞᪉ἲ࡛㐪཯ࢆᐇ㉁ⓗ࡟ゞṇ࡛ࡁ࡞࠸ሙྜ࡟ Ы¸࠾ᐈᵝЫ¸㛵ಀࡍࡿᮏ9—ࣅࢫࢆ⤊஢b¸Ḟ㝗✰࠶ࡿᮏ 9—ࣅࢫ࡟㛵b࡚ᨭᡶbࢀࡓᮏᩱ㔠ࢆ⤊஢✰Ⓨຠ᪥௜ࡅ࡛ᣨ ศbࡓ㔠㢠✰㏉㔠ࢆpࡅࡿࡇkࡀ࡛ࡁࡿu✰kbࡲࡍ。ୖグ ච㈐つᐃ✰~⯡ᛶࢆไ㝈ࡍࡿࡇk࡞ࡃ¸ᥦ౪ࡉࢀࡿᮏ“➚ࢺ ࢘➦7¸ᮏ9—ࣅࢫཬࡧ»—ࢻ࢘➦7Ы¸(a)ཎᏊຊǸタ✰ィ ⏬¸ᘓタ¸⥔ᣢ¸⟶⌮ⱝbࡃЫ┤᥋㐠Ⴀ࡛✰✲⏝¸(b)㣕⾜ᶵ ✰⯟⾜¸ไᚚⱝbࡃЫ㏻ಙࡸṊჾ✰シࢫz࣒࡛✰✲⏝¸ࡲࡓ Ы(c)┤᥋✰R࿨⥔ᣢシࢫz࣒࡛✰✲⏝✰ࡓࡵ࡟≉࡟タィ¸〇㐀ࡲࡓЫពᅗࡉࢀࡓu✰࡛Ы࠶Nࡲ‡S。࠾ᐈᵝЫ¸ᮏ“➚ ࢺ࢘➦7ཬࡧᮏ9—ࣅࢫ✰฼⏝“ࡽᚓࡓ⤖ᯝ࡟❜࠸࡚Ы¸࠾ ᐈᵝࡀ»࡚✰㈐௵ࢆ㈇࠺ࡇk࡟ྠពbࡲࡍ。

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.of

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTThe express warranties in this subsection are in lieu of all other warranties, whether express, implied, or statutory, regarding the Device, LIFECOMM Connectivity Service, LIFECOMM Mobile PERS API, LIFECOMM Web Application Services, or the User Documentation, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights. AMAC acknowledges that it has relied on no warranties other than the express warranties in this Agreement and that no warranties are made by any of LIFECOMM’s suppliers. WITHOUT LIMITING THE SERVICESFOREGOING, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT i) LIFECOMM DOES NOT GUARANTEE OR WARRANT THAT THE USE DEVICE, LIFECOMM CONNECTIVITY SERVICE, LIFECOMM MOBILE PERS API, LIFECOMM WEB APPLICATION SERVICES, OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGE; (ii) LIFECOMM DOES NOT WARRANT THAT THE THIRD PARTY PROVISION OF WIRELESS NETWORK SERVICES WILL NOT FAIL, MALFUNCTION, OR BE DEFECT- OR ERROR-FREE; AND (iii) AMAC DOES NOT WARRANT THAT THE SERVICESPRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGES. EACH PARTY FURTHER UNDERSTANDS AND AGREES THAT THE OTHER PARTY IS NOT RESPONSIBLE FOR ANY HARDWARE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDOTHER PRODUCTS OR SERVICES PROVIDED BY PERSONS OTHER THAN SUCH PARTY, COMPLY WITH REGULATORY REQUIREMENTSINCLUDING WITHOUT LIMITATION, BE ERROR FREE ANY SERVICES PROVIDED BY OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH ON BEHALF OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, SUCH PARTY AND/OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesANY OTHER PERSON OR BUSINESS ENTITY.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. 10.2 ಖド4fi㝖ࠋ ø10.1ª4᫂♧ 4;ØG¢€fi£ ྜ¸¢ 5(ªø୕⪅½£÷SA—¥àⒶᵝ¥4㛫4¾㏵4$⣙4à fi€᫂♧ 4;ØG¢€fi£ ྜ€㝖€¸$9—G^¸$“ ✓ࢺÇ⁄7þ½»—tÇ⁄7ª¸Red Hat 4£⁄€¸’⌧≧ 4££]¸fi“࡞£✀㢮4ಖド£½ªªfl(=¢4ªfif4 ¢4‰p£¢£‰¸€¢G4㝈;€¢£ðfl½ªØk£‡ S;B$‰4ᇶY(ಖド($‰ø560ª࡞fi5ø570ªþ½ ‰ø526ª4ᇶY(㯲♧ಖド€pð‰¸=¢G4㝈;€¢ £ðfl½ªØk£‡S)¸þ½¸ Ⓒ½¸flᶒ฼౵ᐖ¸¼¾ ~4㐺ྜ½4㯲♧ಖドࠋ)¢࡞(¸ ౪€¢£@ࠋRed Hat ª¸$9—G^¸$“✓ࢺÇ⁄7£½ª»—tÇ⁄74 $‰¸$᩿€¢࡞fi=¥¸Ⓒไせfl€ⒸᏲ5€fi£=¥¸ ^y—4࡞fi=¥¸4*fi€ªಖド€⾜𾸀G4¸£½ ª Red Hat ‰$“✓ࢺÇ⁄74^y—»€€£fl@£=¥ 4*fi€¢¸ಖド€⾜fi£‡Sࠋø10.1ª4;Ø£ಖド4‰ þ4*fi€ª¸àⒶᵝ4ᑐ@£၏~4ᩆ‰Ⓒ⨨þ½ Red Hat 4»‰kª¸} 4Ø£$9—G^4$ᒚ⾜¥5¸Red Hat ‰ ᴗ 4ྜ⌮ ࡞F‰½‰þ€}㉁ 4ゞfl½€࡞fi ྜ 4ª¸àⒶᵝª¸㛵ƒ@£$9—G^€⤊†5¸} 4Ø£ $9—G^4㛵5€@flð¢½$ᩱ㔠€⤊†4@ƒB௜fl½ ¼y5½㔠㢠4¾㔠€pfl£=¥‰½€£¢4¥5£@ࠋkグච‰Ⓒ;4~⯡½€ไ㝈@£=¥࡞(¸ ౪€¢£$“✓ ࢺÇ⁄7¸$9—G^þ½»—tÇ⁄7ª¸(a) ƒƒÑタ4ィ⏬¸®タ¸⥔ᣢ¸s⌮@5(ª┤᥋㐠s½4 $¸(b)$⾜ ᶵ4⯟⾜¸ไᚚ@5(ª㏻ಙ@Ṋs4Y^zŁ½4 $¸£ ½ª(c)┤᥋4R࿨⥔ᣢY^zŁ½4 $4½Ø4¼4タィ¸㐀£½ªពᅗ€¢½¢4½ªØk£‡SࠋàⒶᵝª¸$“ ✓ࢺÇ⁄7þ½$9—G^4฼$“Gᚓ½⤖$4*fi€ª¸ àⒶᵝ‰»€4‰k€㈇y=¥4¼ព5£@ࠋ

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS WARRANTIES OR OTHER TERMS CONDI- TIONS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE (INCLUDING, WITHOUT LIMITATION,THOSE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT TITLE TO ANY OPEN SOURCE SOFTWARE PROVIDED HEREUNDER) AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE REASON- ABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. The Software and the Services are provided AS IS and AS AVAILABLE. NAGRA does not represent or warrant that (i) the Services, the Software (or any portion thereof) will be uninterrupted, error free, free of harmful components, be secure, or that the Services (or any portion thereof) will operate in combination with other hardware, software, systems or data other than as expressly specified in this Agreement or the Documentation or meet your specific business requirements; or (ii) that NAGRA will correct any defects or errors in the Software or Services. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN SECTION 10.1 9.1, NAGRA MAKES NO EXPRESS OR BY A THIRD PARTY VENDOR DIRECTLY IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES THEIR CONDITION TO THE MAXIMUM EXTENT PERMISSIBLE PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORSAPPLICABLE LAW. FOR THE BREACH OF NAGRA IS FURNISHING THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY9.1 IN LIEU OF, AND RED HAT’S ENTIRE LIABILITYNAGRA HEREBY EXPRESSLY EXCLUDES, WILL BE THE REPERFORMANCE ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, WHETHER UNDER COMMON LAW, STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT OF DEFICIENT SERVICESTHIRD-PARTY RIGHTS. CUSTOMER ACKNOWLEDGES THAT NAGRA HEREBY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES AND INDEMNITIES, EXPRESSED, STATUTORY OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERIMPLIED, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesTHIRD PARTY EQUIPMENT DELIVERED BY NAGRA HEREUNDER.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED PROVID- ED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY DI- RECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, XXXXXX- TIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED KIND, INCLUDING THE IM- PLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDINGOF TITLE, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PUR- POSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESSERVICES OR REPLACEMENT OF THE DE- FECTIVE PRODUCT, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE REA- SONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT RELE- VANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designedde- signed, manufactured or intended for use in (a) the planningplan- ning, construction, maintenance, control, or direct operation opera- tion of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. XXXXX LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTACREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” " AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDINC BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDINC WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINCEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE CUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY RECULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S CLIENT¹S EXCLUSIVE REMEDY, AND RED HAT’S HAT¹S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. 10.2 保証の排除。 第10.1条に明示的に定められている場合、もしくは第三者たるベンダーとお客様との間の別途の契約において明示的に定められている場合を除き、本サービス、本ソフトウェア及びハードウェアは、Red Hat によって、「現状のまま」、いかなる種類の保証または条件（これには以下のものが含まれるが、それらに限定されるわけではありません；日本法に基づく保証（民法第560条ないし第570条及び商法第526条に基づく黙示保証を含むが、これらに限定されるわけではありません）、及び、商品性、非権利侵害、特別目的への適合性の黙示保証。）もなく、提供されます。Red Hat は、本サービス、本ソフトウェアまたはハードウェアの使用が、中断されないこと、規制要件を遵守していること、エラーのないこと、については保証を行わず、さらに、または Red Hat が本ソフトウェアのエラー全てを修正することについても、保証を行いません。第10.1条に定める保証の違反については、お客様に対する唯一の救済措置及び Red Hat の全責任は、欠陥のある本サービスの再履行とし、Red Hat が商業的に合理的な方法で違反を実質的に訂正できない場合には、お客様は、関係する本サービスを終了し、欠陥のある本サービスに関して支払われた本料金を終了の発効日付けで按分した金額の返金を受けることができるものとします。上記免責規定の一般性を制限することなく、提供される本ソフトウェア、本サービス及びハードウェアは、(a)原子力施設の計画、建設、維持、管理若しくは直接運営での使用、(b)飛行機の航行、制御若しくは通信や武器のシステムでの使用、または(c)直接の生命維持システムでの使用のために特に設計、製造または意図されたものではありません。お客様は、本ソフトウェア及び本サービスの利用から得た結果については、お客様が全ての責任を負うことに同意します。

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. SALVO LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. WITHOUT LIMITATION TO MIRANTIS OBLIGATION UNDER THE RESPECTIVE EXHIBIT(S) AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT8, THE SERVICES, SERVICES AND SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. MIRANTIS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SUBSCRIPTION SERVICES OR SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT MIRANTIS WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 10.1, CLIENT’S CUSTOMER'S EXCLUSIVE REMEDY, AND RED HAT’S MIRANTIS’ ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SUBSCRIPTION SERVICES, OR IF RED HAT MIRANTIS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT CUSTOMER MAY TERMINATE THE RELEVANT SUBSCRIPTION SERVICES AND RECEIVE A PRO PRO-RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SUBSCRIPTION SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, Customer acknowledges that the Software, Software and Subscription Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the any life support systems; planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft ; or navigation, control or communication systems, or weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT THE SERVICE MATERIALS AND EACH OF THE COMPONENTS IS PROVIDED ON AN "AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE IS" AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS ISAVAILABLE” AND BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS WARRANTY OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE AND NON- INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE MATERIALS AND EACH OF THE COMPONENTS IS BORNE BY YOU. SHOULD THE SERVICE MATERIALS OR ANY OF THE COMPONENTS PROVE DEFECTIVE OR INACCURATE, AS THE CASE MAY BE, YOU (AND NOT GUARANTEE AT&T OR WARRANT ITS AFFILIATES OR SUPPLIERS) ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS, IF ANY, IMPLEMENTED BY THE COMPONENTS HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT EACH OF THE COMPONENTS SUFFICIENTLY MEETS YOUR REQUIREMENTS. YOUR USE OF THE SERVICE MATERIALS AND ANY COMPONENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICESSERVICE MATERIALS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SOFTWARE NETWORK OR HARDWARE WILL BE UNINTERRUPTEDOTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. 8 PROPRIETARY RIGHTS Title, COMPLY WITH REGULATORY REQUIREMENTSownership rights, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting and Intellectual Property Rights in the generality Service Materials and each of the foregoing disclaimerComponents remain in AT&T and/or Your suppliers. The Service Materials and the Components are protected by the intellectual property laws of the United States. Title and related rights in the content accessed through the Components is the property of the applicable content owner and may be protected by applicable law. This license gives You no rights to such content. This license does not grant You any right to any enhancement or update to, or support or telephone assistance with respect to, the Software, Services and Service Materials or any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesComponents.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 保証の排除 第10.1条に明示的に定めるか、第三者たるベン PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S 'S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE PRODUCTS AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT on an “AS IS” and “AS AVAILABLE” BASIS AND WITHOUT SUDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONSEXPRESS AND IMPLIED, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE. FURTHER SUDS AND DRB DO NOT GUARANTEE REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES, SOFTWARE AND SUDS OR HARDWARE DRB SOLUTION WILL BE UNINTERRUPTEDSECURE, COMPLY WITH REGULATORY REQUIREMENTSTIMELY, BE ERROR UNINTERRUPTED OR ERROR-FREE OR THAT RED HAT OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, (C) ANY STORED DATA OR CONTENT WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESACCURATE, RELIABLE, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERNOT SUBJECT TO LOSS, CLIENT MAY TERMINATE (D) ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND SUDS OFFERINGS ARE FREE OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATIONVIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting SUDS does not warrant that its deliverables will comply with laws or regulations relating to Customer’s business including but not limited to marketing, texting, or privacy laws/regulations. SUDS strives to exceed Customer’s expectations; however, since marketing results can be influenced by various external forces outside of SUDS’ control, SUDS cannot guarantee specific results or a certain return on investment. Notwithstanding the generality foregoing, if the deliverables to be provided to Customer under the Services Agreement were custom web application development, SUDS does warrant that any programming code developed by SUDS as part of its deliverables shall be free of ‘bugs’ for 90 days after the go-live date. For purposes of this paragraph, ‘bugs’ are defined as programming errors that make the application unable to function in a manner defined by the Service Agreement and does not include upgrades or enhancements to the functionality or graphic design changes. Further, SUDS shall have no responsibility to fix any ‘bugs’ that arise after the go-live date where: 1) the Customer or Customer’s designees have gone into the back-end code and made changes, or 2) Customer has changed the website hosting environment; or 3) a third party component that has been made a part of the foregoing disclaimerdeliverables has been updated or changed by the third party component owner after the go-live date. Unless otherwise specifically noted in the Service Agreement, SUDS does not warrant that any deliverables, including but not limited to websites, created for Customer are accessible, Section 508 or ADA-compliant. Development of an accessible website must be specifically agreed to in the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesService Agreement.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.or

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES THAT NEITHER MCI NOR ANY OF ITS AFFILIATES IS IN THE BUSINESS OF PROVIDING THE SERVICES AND THAT MCI AND THE AFFILIATES ARE PROVIDING THE SERVICES TO RECIPIENT FOLLOWING THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED IN THE PURCHASE AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.12.06(i)-(ii) (COVENANTS) HEREIN, CLIENT’S EXCLUSIVE REMEDYTHE SERVICES TO BE PROVIDED UNDER THIS SERVICES AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND RED HAT’S ENTIRE LIABILITYWITHOUT WARRANTY OF ANY KIND, WILL EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO SERVICE PROVIDER MAKES ANY WARRANTY THAT ANY SERVICE COMPLIES WITH ANY LAW, DOMESTIC OR FOREIGN. IN ADDITION, MCI SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR THE REPERFORMANCE OF DEFICIENT SERVICESACTIONS, INACTIONS OF, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH ANY OTHER FAILURE TO PERFORM BY, ANY THIRD PARTY SERVICE PROVIDER. NOTHING IN A THE PRECEDING SENTENCE SHALL LIMIT MCI'S OBLIGATION TO USE COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND EFFORTS TO ENFORCE EXPRESS WARRANTIES IN ANY OF THE FEES PAID ITS AGREEMENTS WITH THIRD PARTY SERVICE PROVIDERS FOR THE DEFICIENT SERVICES AS BENEFIT OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesMCI AND RECIPIENT IN ACCORDANCE WITH SECTION 2.06(i).

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTThe express warranties in this subsection are in lieu of all other warranties, whether express, implied, or statutory, regarding the Device, LIFECOMM Connectivity Service, LIFECOMM Mobile PERS API, LIFECOMM Web Application Services, or the User Documentation, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights. AMAC acknowledges that it has relied on no warranties other than the express warranties in this Agreement and that no warranties are made by any of LIFECOMM’s suppliers. WITHOUT LIMITING THE SERVICESFOREGOING, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT i) LIFECOMM DOES NOT GUARANTEE OR WARRANT THAT THE USE DEVICE, LIFECOMM CONNECTIVITY SERVICE, LIFECOMM MOBILE PERS API, LIFECOMM WEB APPLICATION SERVICES, OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGE; (ii) LIFECOMM DOES NOT WARRANT THAT THE THIRD PARTY PROVISION OF WIRELESS NETWORK SERVICES WILL NOT FAIL, MALFUNCTION, OR BE DEFECT- OR ERROR-FREE; AND (iii) AMAC DOES NOT WARRANT THAT THE SERVICESPRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGES. EACH PARTY FURTHER UNDERSTANDS AND AGREES THAT THE OTHER PARTY IS NOT RESPONSIBLE FOR ANY HARDWARE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDOTHER PRODUCTS OR SERVICES PROVIDED BY PERSONS OTHER THAN SUCH PARTY, COMPLY WITH REGULATORY REQUIREMENTSINCLUDING WITHOUT LIMITATION, BE ERROR FREE ANY SERVICES PROVIDED BY OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORSON BEHALF OF SUCH PARTY AND/OR ANY OTHER PERSON OR BUSINESS ENTITY. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting *** denotes language for which American Medical Alert Corp. will request confidential treatment pursuant to the generality rules and regulations of the foregoing disclaimerSecurities Act of 1933, as amended. Confidential portions portions have been omitted and will be filed separately with the Software, Services Securities and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesExchange Commission.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY No warranty of performance is made for equipment beyond its being in working order when it leaves Vandaleigh Inc. The equipment is offered for inspection and test at the time of rental. Vandaleigh Inc. is not responsible for any loss resulting from the use of its equipment or other supplies. Products not manufactured by seller are warranted and guaranteed only to extent and in the manner warranted and guaranteed to seller by the manufacturer of said products and then only to the extent that they are able to enforce such warranty or guarantee. VANDALEIGH BEING NEITHER THE MANUFACTURER, NOR SUPPLIER, NOR A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTDEALER OF THE EQUIPMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT MAKES NO WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, CONDITIONS OR OTHER TERMS OF AS TO ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES MATTER WHATSOEVER RELATING TO THE EXTENT PERMISSIBLE BY LAW (EQUIPMENT, INCLUDING, WITHOUT LIMITATION,THOSE , THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, SATISFACTORY QUALITYITS DESIGN, NON-INFRINGEMENT AND ITS CAPACITY, ITS PERFORMANCE , ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR A ANY PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICESPURPOSE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT IT WILL CORRECT ALL SOFTWARE ERRORSMEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. Vandaleigh FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE BREACH EQUIPMENT. VANDALEIGH RENTS THE EQUIPMENT TO LESSEE “AS IS.” VANDALEIGH SHALL NOT BE LIABLE IN ANY EVENT TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, DELAY OR DAMAGE OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERINEFFICIENCY OF, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID EQUIPMENT OR ACCIDENTAL BREAKAGE THEREOF. UNDER NO CIRCUMSTANCES SHALL Vandaleigh OR ITS RELATED PERSONS BE LIABLE FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimerANY CONSEQUENTIAL, the SoftwareINDIRECT, Services and any hardware provided are not specifically designedSPECIAL, manufactured or intended for use in (a) the planningPUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, constructionWHETHER FORSEEABLE OR UNFORSEEABLE, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesBASED UPON XXXXXX’S CLAIMS.