Common use of Generality Clause in Contracts

Generality. User shall ensure that its environment will be compatible with BIONUMERICS® Software and that its network is configured correctly, as required by bioMérieux. In no event shall bioMérieux bear any responsibility as to the connection of the BIONUMERICS® Software with User’s Environment. Furthermore, User hereby acknowledges that the access to and use of the whole functionalities of the BIONUMERICS® Software is subject to the proper use of protection key associated to such software, the protection of which is under the User’s sole responsibility. Subject to Sections 9 b., c. and d. below, bioMérieux warrants to User that the BIONUMERICS® Software shall: (i) be in compliance with the provisions of this Agreement, (ii) perform substantially in accordance with its functional specifications as set forth in the BIONUMERICS® Software Documentation provided by bioMérieux to User in connection with that version of the BIONUMERICS® Software, (iii) be merchantable, safe and fit for their intended RUO use, (iv) be free of any viruses, including without limitation in design, workmanship or operating at the time of delivery of the BIONUMERICS® Software, (v) be free of any defects in title, whereby title means the ownership of the components under normal use. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded by bioMérieux. Notwithstanding the foregoing, this warranty will not apply to the extent that the BIONUMERICS® Software does not conform to and/or functions in accordance with the applicable written technical documentation as a result of a defect arising from (i) any act or omission of the User, such as, without limitation, any loss, damage or theft, or improper use of the protection key associated with the BIONUMERICS® Software (ii) any corporation, joint stock company or any other entity or organization of any kind (other than bioMérieux or any person under the express direction of bioMérieux) making any revisions or modifications to the BIONUMERICS® Software after its provision to the User, (iii) the malfunction of any User-supplied or User-authorized third-party software or equipment, (iv) User operation of the BIONUMERICS® Software (including the associated protection key) other than in accordance with applicable documentation or design, or on hardware not recommended, supplied or approved by bioMérieux as mentioned in Sections 2 and 3, or (v) the occurrence of any Force Majeure event such as, but not limited to, fire, electrical current variation, flood and defect in the installation environment of the BIONUMERICS® Software. User must report in writing any breach of the foregoing warranties to bioMérieux during the warranty period hereafter described. bioMérieux’s sole obligation, for any such breach of warranty shall be, at bioMérieux’s sole discretion, (i) to replace the defective media and to provide a workaround for reproducible errors that may have caused a breach of the warranty, within a reasonable time considering the severity of the error and its effect on User or, (ii) to refund the license fees paid for the nonconforming Software upon return of such Software to bioMérieux and termination of the related license hereunder. For the sake of clarity, bioMérieux shall not be bound to replace the protection key , nor physical nor virtual soft lock, associated to the BIONUMERICS® Software, unless (i) the original protection key is adequately proven to be defective by the User, and is returned by User to bioMérieux by a trackable courier service or (ii) a declaration of loss of license key is provided to bioMérieux accompanied with an official Police ‘Statement of Theft’.

Generality. User shall ensure that its environment will be compatible with BIONUMERICS® Software and that its network is configured correctly, as required by bioMérieux. In no event shall bioMérieux bear any responsibility as to the connection of the BIONUMERICS® Software with User’s Environment. Furthermore, User hereby acknowledges that the access to and use of the whole functionalities of the BIONUMERICS® Software is subject to the proper use of protection key associated to such software, the protection of which is under the User’s sole responsibility. Subject to Sections 9 b., c. and d. below, bioMérieux warrants to User that the BIONUMERICS® Software shall: (i) be in compliance with the provisions of this Agreement, (ii) perform substantially in accordance with its functional specifications as set forth in the BIONUMERICS® Software Documentation provided by bioMérieux to User in connection with that version of the BIONUMERICS® Software, (iii) , be merchantable, safe and fit for their intended RUO useRUOuse, (iviii) be free of any viruses, including without limitation in design, workmanship or operating at the time of delivery of the BIONUMERICS® Software, (viv) be free of any defects in title, whereby title means the ownership of the components under normal use. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded by bioMérieux. Notwithstanding the foregoing, this warranty will not apply to the extent that the BIONUMERICS® Software does not conform to and/or functions in accordance with the applicable written technical documentation as a result of a defect arising from (i) any act or omission of the User, such as, without limitation, any loss, damage or theft, or improper use of the protection key associated with the BIONUMERICS® Software (ii) any corporation, joint stock company or any other entity or organization of any kind (other than bioMérieux or any person under the express direction of bioMérieux) making any revisions or modifications to the BIONUMERICS® Software after its provision to the User, (iii) the malfunction of any User-supplied or User-authorized third-party software or equipment, (iv) User operation of the BIONUMERICS® Software (including the associated protection key) other than in accordance with applicable documentation or design, or on hardware not recommended, supplied or approved by bioMérieux as mentioned in Sections 2 and 3, or (v) the occurrence of any Force Majeure event such as, but not limited to, fire, electrical current variation, flood and defect in the installation environment of the BIONUMERICS® Software. User must report in writing any breach of the foregoing warranties to bioMérieux during the warranty period hereafter described. bioMérieux’s sole obligation, for any such breach of warranty shall be, at bioMérieux’s sole discretion, (i) to replace the defective media and to provide a workaround for reproducible errors that may have caused a breach of the warranty, within a reasonable time considering the severity of the error and its effect on User or, (ii) to refund the license fees paid for the nonconforming Software upon return of such Software to bioMérieux and termination of the related license hereunder. For the sake of clarity, bioMérieux shall not be bound to replace the protection key , nor physical nor virtual soft lock, associated to the BIONUMERICS® Software, unless (i) the original protection key is adequately proven to be defective by the User, and is returned by User to bioMérieux by a trackable courier service or (ii) a declaration of loss of license key is provided to bioMérieux accompanied with an official Police ‘Statement of Theft’.