Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. Hyperion warrants that for a period of ninety (90) days following delivery of the Software by SPSS to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

Limited Warranty and Disclaimer. Hyperion UST warrants to Customer, the original purchaser, and to no other party, that if any physical media included with the Product, as and when provided to Customer, will be free of physical defects in materials and workmanship for a period of ninety (90) days following delivery of after the Software by SPSS to an End User, date that Customer initially acquire the Software, excluding Updates Product. Customer’s exclusive remedy and UST’s sole liability for purposes breach of this Section 9(g), warranty is that UST will materially conform replace any defective media returned to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during UST within the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the remainder of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the original warranty period and will not apply: or twenty (i20) where days from the ShowCase AS/400 Port date we ship it to Customer, whichever is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentlonger. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND SAVE WITH RESPECT TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, UST PROVIDES THIS PRODUCT "AS IS" AND WITHOUT WARRANTY OF ANY EXPRESS KIND. SAVE AS FORESAID UST HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED LIIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THERE IS NO WARRANTY THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is PRODUCT WILL BE ERROR-FREE OR REGARDING WILL FUNCTION WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE USEENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. UST DISCLAIM ALL LIABILITIES TO ANY PARTY FOR ANY DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPUTER EQUIPMENT (HOSTED BY EITHER UST OR THE RESULTS CUSTOMER OR ANY THIRD PARTY) WHERE UST PRODUCT IS DEPLOYED AND USED BY THE CUSTOMER, COMPUTER PROGRAMS, DATA OR PROPRIETARY MATERIAL OR ANY SERVICE OR ITEMS OBTAINED BY THE CUSTOMER. TO THE EXTENT THAT UST MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE USE, SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEMINIMUM PERMITTED UNDER SUCH LAW.

Limited Warranty and Disclaimer. Hyperion Aruba warrants to you (and only you) that any media on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days following delivery of from the Software by SPSS date the Programs are delivered to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentationyou. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where If a defect in any such media should occur during this 90-day period, the Software has been caused by any media may be returned to Aruba (or if you received such Programs from a reseller, to such reseller) and Aruba or the reseller, as applicable, will replace the media without charge to you. Aruba shall have no responsibility to replace media if the failure of media results from accident, abuse or misuse of the End Users' or SPSS' malfunctioning equipmentmedia. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' thenALL THIRD PARTY PROGRAMS ARE PROVIDED AS-current DocumentationIS AND ARUBA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR THE PERFORMANCE OR NON-PERFORMANCE OF SUCH THIRD PARTY PROGRAMS. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentARUBA AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PROGRAMS ARE PROVIDED TO YOU WITH NO WARRANTY OF ANY EXPRESS WARRANTIES MADE HEREINKIND, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWAREINCLUDING WITHOUT LIMITATION, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. NEITHER PARTY WARRANTSTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEAND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limited Warranty and Disclaimer. Hyperion The entire risk as to the performance and results obtained from the Software and accompanying manual are assumed by you. You are advised to test the Software thoroughly before relying upon it. However, to the original purchaser only, CTI warrants that the (a) written documentation and the media on which the Software is shipped will be free from defects in material and workmanship, under normal use, for a period of ninety 90 days after the original purchase date and (90b) days following delivery the downloadable installation of the Software by SPSS to an End User, will install as described in the Software, excluding Updates for purposes of installation instructions. If during this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect occurs, CTI will replace the defective item free of charge. Your sole and exclusive remedy in the Software has been caused by any event of a defect, and CTI’s sole obligation, is expressly limited to replacement of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentdownloaded Software and/or manual as provided above. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREINTHE LIMITED WARRANTY SET FORTH ABOVE, HYPERION THE SOFTWARE AND SPSS MAKE NO WARRANTIES WHATSOEVERACCOMPANYING MANUAL ARE PROVIDED “AS-IS” AND CTI DISCLAIMS ALL OTHER WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS CTI DOES NOT WARRANT THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, USE OF THE SOFTWARE WILL BE WITHOUT INTERRUPTION OR SHOWCASE AS/400 PORT IN TERMS WILL BE ERROR-FREE. SOME STATES AND COUNTRIES MAY NOT ALLOW THE EXCLUSION OF CORRECTNESSIMPLIED WARRANTIES, ACCURACYSO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, RELIABILITY AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR OTHERWISECOUNTRY TO COUNTRY. THE LIMITED WARRANTY DISCLAIMER SET FORTH ABOVE ARE EXCLUSIVE AND REPLACE ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO RESELLER, DISTRIBUTOR, AGENT, OR EMPLOYEE OF CTI IS AUTHORIZED TO MAKE ANY MODIFICATION OR EXTENSION.

Limited Warranty and Disclaimer. Hyperion warrants that for a period End User may have specific rights with respect to the laws of ninety (90) days following delivery its state, country or other jurisdiction. End User may also have rights with respect to the Reseller from which End User purchased XXXX- Software. This XXXX does not change those rights if the laws of such state, country or other jurisdiction do not permit the Software by SPSS XXXX to an End Userdo so. Notwithstanding the foregoing, the Softwareparties agree as follows: XXXX-SOFTWARE IS LICENSED “AS IS” AND “WITH ALL FAULTS”, excluding Updates for purposes of this Section 9(g)AND XXXX AND ITS LICENSORS (IF ANY) MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, VALUE, ACCURACY OR QUALITY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. XXXX CANNOT GUARANTEE AND DOES NOT WARRANT THAT THE OPERATION OF THE XXXX-SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS CAN BE CORRECTED. THE XXXX-SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. XXXX-Software will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used perform substantially in accordance with the Documentation; (ii) if . However XXXX gives neither any contractual guarantee and warranty nor conditions in relation to XXXX-Software. XXXX’x entire liability and End User’s exclusive remedy will be, at the sole option of XXXX and subject to applicable law, to repair or replace the XXXX-Software or any part of thereof has been altered or modified without to refund the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipmentlicense fees paid and terminate this XXXX. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding This limited warranty will only not apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.unless:

Limited Warranty and Disclaimer. Hyperion SynTest warrants the tape(s) or other media on which the Software is furnished (if any) to be free from material defects under normal use for a period of ninety (90) days after shipment to Customer. In the event the Software is provided electronically, SynTest further warrants that for a period of ninety (90) days following delivery of from the date SynTest first makes the Software by SPSS available to an End UserCustomer for electronic download, the Software, excluding Updates for purposes of this Section 9(g), such Software will materially substantially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the SynTest’s published material specifications for such Software is not if properly used in accordance with the Documentation; procedures described in documentation supplied by SynTest. SynTest’s entire liability and Customer’s exclusive remedy under this warranty, which is subject to Customer returning the defective item to SynTest with a written statement of the defects, will be, at SynTest’s option, (a) to repair or replace any tape(s) or other media not meeting the foregoing warranty, or (b) to replace the Software or use reasonable efforts to provide Customer with a correction of the defect, or (c) to accept the return of the Software and refund the license fee actually paid by Customer to SynTest, on a pro-rata basis, based upon on a three (3) year straight-line amortization. The foregoing warranty will not apply if the Software (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by SynTest, (ii) if the Software or any part of thereof has been repaired or altered or modified without the prior written consent of Hyperion; or by persons other than SynTest, (iii) where a defect in the Software has not been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End Userinstalled, the ShowCase AS/400 Portoperated, excluding Updates for purposes of this Section 9(g)repaired, will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used maintained in accordance with the Documentation; documentation provided by SynTest, (iiiv) if the ShowCase AS/400 Port has failed due to an Act of God, including but not limited to fire, flood, tornado, earthquake, hurricane or any part of thereof lightning, (v) has been altered used with any third party software or modified without the prior written consent of SPSS; hardware which has not been previously approved in writing by SynTest, or (iiivi) where a defect in the ShowCase AS/400 Port has been caused by any is not an updated version of the End Users' or Hyperion's malfunctioning equipmentSoftware, if such updated version was made available to Customer by SynTest and Customer failed to transition to it within thirty (30) days after such availability. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SYNTEST DISCLAIMS ALL WARRANTIES OF ANY EXPRESS WARRANTIES MADE HEREINKIND, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVEREXPRESS, EITHER EXPRESS IMPLIED OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENTSTATUTORY, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY WARRANTIES WARRANTY OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEESINFORMATIONAL CONTENT, OR MAKES SYSTEM INTEGRATION, AND ANY REPRESENTATIONS WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, ERRORS OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USEBUGS, THAT OPERATION THEREOF WILL BE UNINTERRUPTED, OR THAT ANY RESULTS OR INFORMATION THAT IS OR MAY BE DERIVED FROM THE RESULTS OF THE USEUSE THEREOF WILL BE ACCURATE, OF THE SOFTWARE COMPLETE, RELIABLE, AND/OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.SECURE. Installation Customer shall be responsible for the installation of Software. Software Maintenance Payment made by the Customer for Time-Based-Lease of SynTest software includes maintenance service from SynTest for the specific lease term payment has been made. SynTest will provide Customer with the following maintenance services:

Limited Warranty and Disclaimer. Hyperion XXXX warrants that under normal use in accordance with manufacturer’s applicable user manual the Products, shall, at the time of delivery to Customer and for a period of ninety one (901) days following year from the date of delivery (or such other period as may be agreed upon in writing by the parties, or as communicated in writing at sale by XXXX) (the “Warranty Period”), be free from defects in material or workmanship and shall substantially conform to manufacturer’s specifications for such Product, or such other specifications as XXXX has agreed to in writing, as applicable. XXXX‘s sole and exclusive obligation, and Customer‘s sole and exclusive right, with respect to claims under this warranty shall be limited, at XXXX‘s option, to (1) repair or (2) provide a replacement of the Software defective or non-conforming Product or (3) apply an appropriate credit for the purchase price thereof. XXXX will have a reasonable time to repair, replace or credit. XXXX is entitled at its option to replace the defective or non-conforming Product(s) with a product that has minor deviations in design and/or specifications not affecting the functionality of the agreed Product(s). The non-conforming or defective Products shall become XXXX‘s property as soon as they have been replaced or credited. Customer may return Products repair or under warranty by SPSS shipping to an End User, the Software, excluding Updates for purposes of this Section 9(g), will materially conform to Hyperion's XXXX‘s designated facility only in conformance with XXXX‘s then-current Documentationreturn material authorization policy. The preceding Unless otherwise agreed to, Customer shall pay for freight costs of returned Products for repairs but shall not pay for freight costs of returned Products under warranty and XXXX will only apply pay for the freight costs to problems reported the Customer of returned Products under warranty. Customer shall pay for testing and handling costs associated therewith for Products that are not found to Hyperion during be defective or non-conforming under warranty. Notwithstanding the foregoing, XXXX shall have no obligations under warranty and excluded from this warranty are alleged defects or non-conformance, and damages due to or a result of (1) ordinary and/or natural wear and tear (2) damp (3) extreme heat in rooms, or other influences of temperature or climate or similar effects (4) environmental (5) misuse, use other than as set forth in manufacturer’s applicable user manual, neglect or accident, (6) improper repair, alteration, modification, storage, transportation or improper handling. In the event that defects covered by warranty exist, XXXX has the option, to either rectify the defects within a reasonable period or to supply similar Products that are free from defects in exchange for the defective Products within a reasonable period of time. Subject to the exclusions and will not apply: (i) where the Software is not used limitations set forth in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any Section 6 of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserTerms and Conditions, the ShowCase AS/400 Port, excluding Updates for purposes foregoing states the entire liability of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period ROLF and will not apply: (i) where the ShowCase AS/400 Port is not used its affiliates in accordance connection with the Documentation; (ii) if the ShowCase AS/400 Port defective or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEnonconforming Products supplied hereunder.

Limited Warranty and Disclaimer. Hyperion Xceedium warrants that that, for a period of ninety (90) days following delivery from the date of initial shipment by Xceedium of the Software by SPSS to an End UserXceedium Product (the “Warranty Period”), the Softwareunmodified Software (excluding any Upgrades provided by Xceedium as part of Support) will, excluding Updates for purposes of this Section 9(g)under normal use, will materially conform to Hyperion's then-current substantially perform the functions described in the Documentation. The preceding warranty will only apply With regard to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software or any part of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any of the End Users' or SPSS' malfunctioning equipment. SPSS Appliances only, Xceedium additionally warrants that for a period of ninety one (901) days following delivery year from shipment (the “Hardware Warranty Period”) the unmodified hardware portions of the ShowCase AS/400 Port by Hyperion to an End UserAppliance will, under normal use, be free of substantial defects in materials and workmanship. Xceedium’s sole obligation and liability, and your sole and exclusive remedy, under the ShowCase AS/400 Port, excluding Updates for purposes of warranty set forth in this Section 9(g)8 shall be for Xceedium to use commercially reasonable efforts to remedy the problem or to replace the defective Xceedium Products, will materially conform to SPSS' then-current Documentation. The preceding provided that Xceedium is notified in writing of all warranty will only apply to problems reported to SPSS claims during the warranty period and applicable Warranty Period. Xceedium will not applyhave no obligation regarding non-conformities that result from: (ia) where improper or unauthorized use of the ShowCase AS/400 Port is Xceedium Products or use in a manner for which it was not used in accordance with the Documentationdesigned; (iib) if causes external to the ShowCase AS/400 Port Xceedium Products such as, but not limited to, power failure, electric power surges or any part unavailability of thereof has been altered or modified without the prior written consent of SPSSInternet; or (iiic) where a defect in the ShowCase AS/400 Port has been caused by any use of the End Users' Xceedium Products in combination with equipment or Hyperion's malfunctioning equipmentsoftware not supplied by Xceedium. EXCEPT FOR ANY EXPRESS THE FOREGOING EXPRESSED WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORTARE IN LIEU OF, AND ANY SERVICES COVERED BY the AGREEMENTXCEEDIUM HEREBY DISCLAIMS, INCLUDING ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. NEITHER PARTY WARRANTS, GUARANTEES, OR XCEEDIUM MAKES ANY REPRESENTATIONS NO WARRANTY THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is XCEEDIUM PRODUCTS WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR REGARDING IN AN UNINTERRUPTED MANNER. NOTWITHSTANDING ANY PROVISION TO THE USECONTRARY, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEXCEEDIUM MATERIALS ARE DISTRIBUTED “AS IS.”

Limited Warranty and Disclaimer. Hyperion FireEye warrants to Licensee (and only Licensee) that (i) with respect to Software, the Software will perform substantially in accordance with its Documentation for a period of ninety (90) days following delivery of from the date the Software by SPSS is delivered to an End UserLicensee; and (ii) with respect to Offerings made available online as a subscription service (i.e., the Software, excluding Updates for purposes of this Section 9(gcloud Offerings), such Offerings will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion be performed in a professional manner consistent with industry standards for similar services during the warranty applicable Term. If a defect in Software media should occur during the 90-day period and will not apply: referenced in (i) where above, the Software is not used media may be returned to FireEye and FireEye will replace the media without charge to Licensee. If Licensee believes that the warranty in accordance with the Documentation; (ii) if the Software or any part of thereof above has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused by any breached, then Licensee must notify FireEye of the End Users' or SPSS' malfunctioning equipment. SPSS warrants that for a period of ninety breach within thirty (9030) days following delivery of the ShowCase AS/400 Port by Hyperion date the breach occurred, and FireEye will correct the breach at its expense. FireEye will have no obligation with respect to an End UserOfferings that fail to function or become defective through actions, the ShowCase AS/400 Portevents, excluding Updates for purposes or omissions outside of this Section 9(g)FireEye’s control. FIREEYE AND ITS SUPPLIERS DO NOT WARRANT THAT THE OFFERINGS, will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmentDOCUMENTATION, OR CONTENT WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OFFERINGS, DOCUMENTATION, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR ANY THE EXPRESS WARRANTIES MADE HEREINSTATED ABOVE, HYPERION THE OFFERINGS, DOCUMENTATION, AND SPSS MAKE CONTENT ARE PROVIDED TO LICENSEE WITH NO WARRANTIES WHATSOEVERWARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWAREINCLUDING WITHOUT LIMITATION, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS THAT THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISENONINFRINGEMENT. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE THE EXCLUSIVE REMEDIES AVAILABLE TO LICENSEE AND ANY THIRD PARTIES, AND FIREEYE’S SOLE OBLIGATION, WITH RESPECT TO ANY OFFERINGS, DOCUMENTATION, OR CONTENT THAT DOES NOT COMPLY WITH THE WARRANTIES STATED ABOVE.

Limited Warranty and Disclaimer. Hyperion If the Software is delivered on media, Jeppesen warrants that the media on which this Software is recorded is free from defects in materials and workmanship under normal use and operation. This limited warranty is effective for a period of ninety sixty (9060) days following delivery Your receipt of the Software by SPSS Software. The limited warranty provided herein is made to an End User, the You if You (a) are registered with Jeppesen as a user of this Software, excluding Updates for purposes (b) have fully paid the required license fee, (c) have fully complied with the terms of this Section 9(g)Agreement, will materially conform and (d) are the original licensed end-user. No warranty is made to Hyperion's then-current Documentationany other person or entity. The preceding warranty will only apply to problems reported to Hyperion during To the warranty period and will not apply: (i) where maximum extent permitted by applicable law, the Software is delivered “as is,” and is not used in accordance with the Documentation; (ii) if guaranteed to be free from errors or defects. Jeppesen does not warrant that the Software is error free, that it will perform without interruption or that it is compatible with products manufactured by any part person or entity other than Jeppesen. The Software utilizes digital chart data and electronic information from the various marine electronic instrumentation on-board the vessel, which may contain errors. Jeppesen does not warrant the accuracy of thereof has been altered or modified without the prior written consent of Hyperion; or (iii) where a defect such information, and You are advised that errors in such information may cause the Software has been caused by any of the End Users' or SPSS' malfunctioning equipmentto give inaccurate readings. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion You assume all risk as to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipmenttheir performance. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREINTHE LIMITED WARRANTY REGARDING THE MEDIA AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERION AND SPSS MAKE JEPPESEN MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIEDIMPLIED WARRANTY, WITH REGARD TO AND DISCLAIMS ANY LIABILITY FOR THE SOFTWARE, THE SHOWCASE AS/400 PORT, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO TO, ANY WARRANTIES EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTSSOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF IMPLIED WARRANTIES, GUARANTEESSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE LIMITED WARRANTIES AND OTHER OBLIGATIONS AND LIABILITIES OF JEPPESEN, OR MAKES AND YOUR REMEDIES SET FORTH IN THIS AGREEMENT, ARE EXCLUSIVE AND IN SUBSTITUTION FOR ANY REPRESENTATIONS THAT OTHER RIGHTS, CLAIMS AND REMEDIES YOU WOULD OTHERWISE HAVE AGAINST JEPPESEN WITH RESPECT TO THE SOFTWARE OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEPROVIDED HEREUNDER.

Limited Warranty and Disclaimer. Hyperion Xxxx warrants to Licensee that the Xxxx System will materially conform to the specifications and Documentation for the Xxxx System, provided that the Xxxx System is used in accordance with the Documentation. If Licensee reasonably and in good faith believes that there is a period of material defect in the Xxxx System such that it or they do not conform to this limited warranty, Xxxx must be notified immediately, but no later than ninety (90) days following delivery the first use of the Software Xxxx System by SPSS Licensee. Licensee agrees that its sole remedy for such non-conformities in the Xxxx System shall be the repair or replacement of the Xxxx System, with such replacement to an End User, be substantially equivalent in functionality to the Software, excluding Updates for purposes of item replaced as determined by Xxxx in its sole discretion. Xxxx shall have no obligation under this Section 9(g)7 should the Xxxx System be modified, will materially conform altered, merged or subjected to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will not apply: (i) where the Software is not used in accordance with the Documentation; (ii) if the Software misuse, neglect, accident or improper use by Licensee or any part of thereof has been altered third party. Xxxx does not warrant that the Xxxx System will operate in conjunction with hardware or modified without the prior written consent of Hyperion; or (iii) where a defect in the Software has been caused software that is neither provided by any of the End Users' or SPSS' malfunctioning equipmentnor formally approved by Xxxx. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End UserTHIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES FROM XXXX, the ShowCase AS/400 PortWHETHER ORAL OR WRITTEN, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO REGARDING THE SOFTWAREXXXX SYSTEM AND THE HOSTING SERVICES PROVIDED BY XXXX, THE SHOWCASE AS/400 PORTINCLUDING, AND ANY SERVICES COVERED BY the AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATIONS XXXX DOES NOT WARRANT THAT THE SOFTWARE USE OF THE XXXX SYSTEM WILL BE UNINTERRUPTED OR SHOWCASE AS/400 PORT is ERROR-FREE FREE. LICENSEE UNDERSTANDS AND AGREES THAT USE OF OR REGARDING CONNECTION TO THE USEINTERNET IS INHERENTLY INSECURE AND THAT CONNECTION TO THE INTERNET PROVIDES OPPORTUNITY FOR UNAUTHORIZED ACCESS BY A THIRD PARTY TO LICENSEE’S OR ADAM’S COMPUTER SYSTEMS, OR NETWORKS AND ANY AND ALL INFORMATION STORED THEREIN. INFORMATION TRANSMITTED AND RECEIVED THROUGH THE RESULTS INTERNET MAY NOT BE SECURE AND XXXX DOES NOT GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR, THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION DURING INTERNET TRANSMISSION OUTSIDE OF THE USESYSTEM, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISENETWORKS AND STORAGE FACILITIES PROVIDED BY XXXX.

Limited Warranty and Disclaimer. Hyperion Xceedium warrants that that, for a period of ninety (90) days following delivery from the date on which Xceedium grants you access ot the Software (the “Warranty Period”), the unmodified Software (excluding anyUpgrades provided by Xceedium as part of Support) will, under normal use, substantially perform the functions described in the Documentation. Xceedium’s sole obligation and liability, and your sole and exclusive remedy, under the warranty set forth in this Section 8 shall be for Xceedium to use commercially reasonable efforts to remedy the problem or to replace the defective Xceedium Products, provided that Xceedium is notified in writing of all warranty claims during the Warranty Period. Xceedium will have no obligation regarding non-conformities that result from: (a) improper or unauthorized use of the Software by SPSS to an End User, the Software, excluding Updates Xceedium Products or use in a manner for purposes of this Section 9(g), will materially conform to Hyperion's then-current Documentation. The preceding warranty will only apply to problems reported to Hyperion during the warranty period and will which it was not apply: (i) where the Software is not used in accordance with the Documentationdesigned; (iib) if causes external to the Software Xceedium Products such as, but not limited to, power failure, electric power surges or any part unavailability of thereof has been altered or modified without the prior written consent of HyperionInternet; or (iiic) where a defect in the Software has been caused by any use of the End Users' Xceedium Products in combination with equipment or SPSS' malfunctioning equipmentsoftware not supplied by Xceedium. SPSS warrants that for a period of ninety (90) days following delivery of the ShowCase AS/400 Port by Hyperion to an End User, the ShowCase AS/400 Port, excluding Updates for purposes of this Section 9(g), will materially conform to SPSS' then-current Documentation. The preceding warranty will only apply to problems reported to SPSS during the warranty period and will not apply: (i) where the ShowCase AS/400 Port is not used in accordance with the Documentation; (ii) if the ShowCase AS/400 Port or any part of thereof has been altered or modified without the prior written consent of SPSS; or (iii) where a defect in the ShowCase AS/400 Port has been caused by any of the End Users' or Hyperion's malfunctioning equipment. EXCEPT FOR ANY EXPRESS THE FOREGOING EXPRESSED WARRANTIES MADE HEREIN, HYPERION AND SPSS MAKE NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, THE SHOWCASE AS/400 PORTARE IN LIEU OF, AND ANY SERVICES COVERED BY the AGREEMENTXCEEDIUM HEREBY DISCLAIMS, INCLUDING ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. NEITHER PARTY WARRANTS, GUARANTEES, OR XCEEDIUM MAKES ANY REPRESENTATIONS NO WARRANTY THAT THE SOFTWARE XCEEDIUM PRODUCTS WILL OPERATE ERROR- FREE, FREE OF ANY SECURITY DEFECTS OR SHOWCASE AS/400 PORT is ERROR-FREE OR REGARDING IN AN UNINTERRUPTED MANNER. NOTWITHSTANDING ANY PROVISION TO THE USECONTRARY, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR SHOWCASE AS/400 PORT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISEXCEEDIUM MATERIALS ARE DISTRIBUTED “AS IS.”