Common use of Limited Warranties and Disclaimers Clause in Contracts

Limited Warranties and Disclaimers. Tintri and its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN THE LIMITED WARRANTIES BY TINTRI, TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONS.

Limited Warranties and Disclaimers. Tintri and its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as We do not promise that your use of the date You accept FieldView Services will be uninterrupted or that the terms and conditions of this Agreement FieldView Services or otherwise install Climate Generated Works will meet your requirements, be accurate or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9)be error-free. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FIELDVIEW SERVICES AND ANY CLIMATE EQUIPMENT OR CLIMATE SOFTWARE OR CLIMATE GENERATED WORKS IS AT YOUR SOLE RISK. EXCEPT AS MAY BE EXPRESSLY MADE SPECIFIED IN SECTION 3.2, TO THE LIMITED WARRANTIES MAXIMUM EXTENT PERMITTED BY TINTRIAPPLICABLE LAW, TINTRI THE FIELDVIEW SERVICES, CLIMATE SOFTWARE, CLIMATE EQUIPMENT, AND CLIMATE GENERATED WORKS PERFORMED OR PROVIDED BY CLIMATE OR ITS AFFILIATES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CLIMATE AND ITS AGENTS, SUPPLIERS, AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION CONDITIONS WITH RESPECT TO THE PRODUCTSFIELDVIEW SERVICES, EXPRESS CLIMATE SOFTWARE, CLIMATE EQUIPMENT, AND CLIMATE GENERATED WORKS, EITHER EXPRESS, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OF ACCURACY, RELIABILIYOF QUIET ENJOYMENT, AND NONOF NONINFRINGEMENT OF THIRD-INFRINGEMENTPARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLIMATE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CLIMATE EQUIPMENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE FOREGOING ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSYOU.

Limited Warranties and Disclaimers. Tintri Cargas warrants to Client that when used as prescribed in the Documentation and its agentsin accordance with this License, suppliersthe Software shall perform substantially in accordance with the supporting documentation provided to Client for a period of thirty (30) days from the date of delivery. Cargas does not warrant that the Software shall operate in combination with other software selected by Client or that the Software shall operate uninterrupted or free of errors. If the Software does not perform as warranted in this Section 8, Client's sole and exclusive remedy shall be to undertake reasonable efforts to correct the Software, and licensors make no representation or warranty with respect if after undertaking such reasonable efforts, Cargas determines that it is unable to any Software under this Agreement. Any warranty for correct the Software is as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ (the “Limited Warranties”)Software, which warranties, as they may be changed by Tintri from time Cargas shall refund to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as Client an equitable portion of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9)license fees paid by Client. THE FOREGOING WARRANTY IS CARGAS’ SOLE AND EXCLUSIVE WARRANTY CONCERNING THE SOFTWARE. EXCEPT AS MAY BE EXPRESSLY MADE SET FORTH IN THIS SECTION, THE LIMITED WARRANTIES BY TINTRI, TINTRI AND ITS AGENTS, SUPPLIERSSOFTWARE IS PROVIDED STRICTLY “AS IS”, AND LICENSORS DO NOT MAKECARGAS MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE SOFTWARE OR TO THE CLIENT ENHANCEMENTS OR ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE ARE EXPRESSLY EXCLUDED. CLIENT HEREBY EXPRESSLY DISCLAIM, DISCLAIMS ANY RELIANCE ON ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTSNOT EXPRESSLY SET FORTH IN THIS AGREEMENT. These limited warranties shall not apply to the extent that Software fails to perform as warranted under this Section 8 because of and would not have so failed but for: (a) modifications made to the Software (other than those modifications provided by Cargas under this Agreement); (b) Client's failure to implement upgrades, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES THAT, IN CONNECTION WITH THE INSTALLATION, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE modifications or enhancements as required by Cargas or to use the most recent version of the Software released by Cargas; (Ac) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, use of the Software in connection or in combination with any computer hardware or software not expressly approved or recommended by Cargas in writing; or (Bd) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSinstallation or use of the Software contrary to the specifications and directions contained in the Documentation or other reasonable instructions of Cargas.

Limited Warranties and Disclaimers. Tintri Gigamon offers a Limited Hardware and Software Warranty for its agents, suppliers, and licensors make no representation or warranty with respect to any Software under this Agreement. Any warranty for the Software is Products as set forth in the Tintri standard Limited Warranties published at xxxxx://xxxxxx.xxx/company/support/vmstore- support/ xxx.xxxxxxx.xxx/xxxxxxxx.xxx (the “Limited Warranties”), which warranties, as they may be changed by Tintri from time to time, are hereby incorporated by reference into this Agreement. For clarity, the applicable warranty period(s) set forth in Tintri’s Limited Warranties commence as of the date You accept the terms and conditions of this Agreement or otherwise install or use the Software (“Effective Date”), and will not reset upon the commencement of any Renewal Term (as defined in Section 9). EXCEPT AS MAY BE EXPRESSLY MADE IN FOR THE LIMITED WARRANTIES WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY TINTRIAPPLICABLE LAW, TINTRI THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GIGAMON AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY WARRANTY OR REPRESENTATION WITH RESPECT DISCLAIM ALL WARRANTIES RELATING TO THE PRODUCTSPRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, THE TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILIY, . THE PRODUCTS ARE NOT FAULT-TOLERANT AND NONARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-INFRINGEMENTSAFE PERFORMANCE OR OPERATION. SOME JURISDICTIONS DO THE PRODUCTS ARE NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO CUSTOMER. TINTRI AND ITS AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT FOR USE IN THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, CRITICAL COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR ERROR FREE. CUSTOMER ACKNOWLEDGES THATINDIRECT LIFE-SUPPORT SYSTEMS, IN CONNECTION WITH THE INSTALLATIONAIR TRAFFIC CONTROL, USE AND SUPPORT OF THE SOFTWARE, INFORMATION MAY BE TRANSMITTED OVER THE INTERNET AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTIES, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF TINTRI AND ITS AGENTS. ACCORDINGLY, NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE ASSUMES ANY LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE. NEITHER TINTRI NOR ANY OF ITS AGENTS OR SUPPLIERS NOR ANY THIRD PARTY PROVIDING LICENSES TO THE SOFTWARE (A) MAKES ANY WARRANTY OR ASSUMES ANY LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES, (B) ASSUMES ANY LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATA, DUE TO THE FAILURE OF ANY THIRD PARTY, OR (C) MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMER’S DATA COMMUNICATIONS OR ANY OTHER DATA APPLICATION OR OTHER INFORMATION TRANSMITTED INSTALLATION WHERE FAILURE COULD RESULT IN CONNECTION WITH THE SOFTWAREDEATH, INCLUDING WITHOUT LIMITATION CUSTOMER DIAGNOSTIC DATASEVERE PHYSICAL INJURY, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMPUTER(S) OR ONLINE COMMUNICATIONSPROPERTY DAMAGE. THESE LIMITATIONS APPLY EVEN IF GIGAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.