Common use of Limited Warranty Clause in Contracts

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Software directly from TIBCOTerm that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, then TIBCO warrants fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that for a period Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationEquipment. This limited warranty extends only to Lessor shall have no liability for the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability repair of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, any defect or refund condition resulting from Lessee’s relocation of the Software and applicable Maintenance feesEquipment, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed utilities connection, alteration of the Equipment, use of the Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty preceding causes shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect result in additional charges to such SoftwareLessee. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONINFRINGEMENTTHERE ARE NO CONDITIONS, SATISFACTORY QUALITY COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR ARISING FROM A COURSE OF DEALINGOTHER PROVISIONS, USAGEEXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR TRADE PRACTICEOTHERWISE, ARE HEREBY EXCLUDED RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH LESSOR AND LESSEE.

Limited Warranty. If Customer obtained the Software directly from TIBCOLicensor, then TIBCO Licensor warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO Licensor and its licensors under this limited warranty will be, at TIBCOLicensor's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO Licensor does not receive a license fee, (b) has been altered or modified, except by TIBCOLicensor, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCOLicensor, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO Licensor for any Maintenance or Services provided by TIBCO Licensor related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO Licensor reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO Licensor provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO LICENSOR SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE SOFTWARE. CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCOLICENSOR. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO LICENSOR DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO Licensor directly, then TIBCO Licensor agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO Licensor will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO Licensor is promptly notified in writing of such claim, TIBCO Licensor has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCOLicensor's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCOLicensor's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCOLicensor, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCOLicensor), TIBCO Licensor may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO Licensor by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO Licensor with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO Licensor with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company are not warranted by Company and have such warranties as may be extended by the foregoing on a time, materials, travel, lodging and other reasonable expenses basisrespective manufacturer. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE AND/OR OTHERS ARISING FROM A COURSE OF DEALINGDEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, USAGEENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR TRADE PRACTICEANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS ON AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS " BASIS WITHOUT WARRANTIES OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseKIND.

Limited Warranty. If Customer obtained Subject to the limitations of Section 7, Seller warrants that the Software directly will execute the programming instructions provided by Seller and that the Goods manufactured by Seller will be free from TIBCO, then TIBCO warrants that defects in material and workmanship under normal use and regular service and maintenance for a period of one year from the date of shipment of the Goods by Seller, unless otherwise specified by Seller in writing or as may be further described in the Appleton Electric LLC Sales Policies and Procedures. Seller does not warrant that the operation of the Software shall be uninterrupted or error free. Consumables, including, without limitation, glass parts and electrodes, membranes, liquid junctions, electrolytes and reagents, o-rings, plastic tubes, elastomers, etc. are warranted to be free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of shipment by Seller. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller’s), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. If within thirty (30) days from after Xxxxx’s discovery of any warranty defects within the Purchase Date: (i) the media on which the Software is furnished will be free of defects warranty period, Buyer notifies Seller thereof in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bewriting, Seller shall, at TIBCO's optionits option and as Buyer’s exclusive remedy, repair, replacementcorrect or replace F.O.B. point of manufacture, or refund of the Software and applicable Maintenance feespurchase price for, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid Goods found by Seller to TIBCO be defective. Failure by Customer based on a five-year straight-line depreciationBuyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. This Section states All costs of dismantling, reinstallation and freight and the entire liability time and expense of TIBCO with respect Seller’s personnel and representatives for site travel and diagnosis under these warranties shall be borne by Buyer unless accepted in writing by Seller. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseGoods, either alone or in combination with other products/components.

Limited Warranty. If Customer obtained the Software directly from TIBCOSeller agrees to provide, then TIBCO warrants that for through its general contractor Summit Homes Construction, LLC (“Builder”), a period of thirty (30) days from the Purchase Date: (i) the media Limited Warranty on which the Software is furnished will be free of defects in workmanship and materials and workmanship under normal use; and (ii) the Software will substantially conform related to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund construction of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained Residence in accordance with instructions supplied by TIBCO, the terms and provisions of the Limited Warrantyset forth on Exhibit C attached hereto and incorporated herein (d) has been subjected the “Limited Warranty”). Purchaser agrees to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation sign and deliver the Limited Warranty to Seller at the time of any other term execution of this End User License Agreement, although it is understood and agreed that the effectiveness of the Limited Warranty is conditioned upon Closing and conveyance of the Property to Purchaser. Customer Purchaser agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms give Seller written notice of any warranty claim at the time given to Builder pursuant to the Limited Warranty. Purchaser’s sole remedy (in lieu of all remedies implied by law or otherwise) against Seller in connection with defects shall be to require Seller or Builder to correct the defect in material or workmanship in accordance with the Limited Warranty. Neither Seller nor Builder shall be responsible for any defects where the cause is determined to result from Purchaser’s actions or negligence. The Limited Warranty is non-transferable and in no event shall any subsequent purchaser of the Residence be entitled to any claim for repair, replacement or otherwise of any part of the Residence, including without limitation the structural components of the Residence, except as provided may be required by law. Additionally, by executing this Agreement Purchaser agrees to include the foregoing confirmation of non-transferability of Seller’s warranty in any subsequent purchase and sale agreement for the Residence. The Limited Warranty does not extend or relate to any items of tangible personal property in the Residence (whether or not such reseller property is attached to or distributorinstalled in the Residence) including, without limitation, any range, oven, range hood and TIBCO provides Customer no warranty with respect fan, microwave, garbage disposal, dishwasher, refrigerator, hot water heater, components of the heating system and any fire, alarm or other life-safety or security system installed in or servicing the Residence. Seller will assign tothe Purchaser at Closing any unexpired warranties Seller has received from the manufacturers of such tangible personal property, to the extent such Softwarewarranties are assignable. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSeller shall not be responsible for the performance of any such manufacturer under the manufacturer’s warranties. WITH REGARD TO ANY APPLIANCES OR SUCH OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, THE SOFTWAREWHETHER OR NOT WARRANTED BY MANUFACTURERS, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", SELLER DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY THOSE OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PURCHASER AGREES TO COMPLY WITH ALL MAINTENANCE MANUALS AND OTHER DOCUMENTS AND RECOMMENDATIONS PROVIDED TO PURCHASER WITH RESPECT TO THE INSPECTION, NONINFRINGEMENTOPERATION AND ROUTINE MAINTENANCE OF ALL SYSTEMS, SATISFACTORY QUALITY EQUIPMENT, AND SIMILAR ITEMS (INCLUDING, BUT NOT LIMITED TO, MECHANICAL, ELECTRICAL, PLUMBING, STRUCTURAL AND EXTERIOR SYSTEMS AND IMPROVEMENTS) MADE PART OF OR ARISING FROM SERVING THE PROPERTY. PURCHASER UNDERSTANDS AND AGREES THAT IF PURCHASER FAILS TO FOLLOW THE INSPECTION, MAINTENANCE AND REPAIR REQUIREMENTS AND STANDARDS CONTAINED IN SUCH MANUAL OR MATERIALS DELIVERED TO PURCHASER AND SUCH FAILURE CAUSES, WHETHER IN WHOLE OR IN PART, DAMAGE TO THE PROPERTY OR OTHER PROPERTY, THE RESULTING DAMAGE SHALL NOT BE COVERED BY THIS LIMITED WARRANTY AND SHALL FURTHER BE DEEMED NOT TO BE THE RESULT OF A COURSE DESIGN OR CONSTRUCTION DEFECT. EXCEPT AS STATED IN THE FIRST PARAGRAPH OF DEALINGTHIS LIMITED WARRANTY ABOVE, USAGESELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, OR TRADE PRACTICEQUALITY AS TO THE PROPERTY UNDERLYING THE PROJECT, ARE HEREBY EXCLUDED THE RESIDENCE, OR THE OTHER IMPROVEMENTS CONSTITUTING THE PROJECT, AND, TO THE EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, SELLER SPECIFICALLY EXCLUDES SUCH MATTERS IN CONSIDERATION OF THE EXPRESS WARRANTIES GIVEN UNDER THIS AGREEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE EXCEPT AS AN ACCOMMODATION TO CUSTOMEREXPRESSLY DISCLOSED BY THE SOILS REPORT DESCRIBED IN SECTION 20(o) BELOW, SELLER MAKES NO REPRESENTATION OR WARRANTY CONCERNING ANY GEOLOGICAL OR ENVIRONMENTAL MATTERS AND SPECIFICALLY EXCLUDES GEOLOGICAL AND ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS AGREEMENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; Except as otherwise provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimLimited Warranty, action or proceeding without TIBCO's prior written approval. In Purchaser assumes the event risk of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (damage occurring in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretoResidence after Closing. The foregoing indemnity provisions of this Section shall not apply to the extent any infringement could have been avoided by use of the then-current releasesurvive Closing.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations contained in Section 8 herein, then TIBCO Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of thirty ninety (3090) days from the Purchase Date: date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which warranty extended by the Software original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationlonger. This limited warranty extends is the only to the original Customer hereunderwarranty made by Seller. Customer's Buyer’s sole and exclusive remedy and the entire liability of TIBCO Seller’s sole and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed exclusive obligation for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller for Seller to re-perform the Services, repair or distributorreplace the Goods, and TIBCO provides Customer no warranty with respect subject to such Softwarethe limitations set forth in Section 8(a) herein. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYTHE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY PURPOSE OR ARISING FROM A COURSE ANY OTHER MATTER WITH RESPECT TO ANY OF DEALING, USAGE, THE GOODS OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSERVICES.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will The Ancillary Products may be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, “New” or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval“Used” Ancillary Products. In the event of any such claimdefect, litigation or threat thereof, TIBCO, at its sole option and expense, Lessee shall notify Lessor within two (a2) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid occurrence thereof. Ancillary Products shall be subject to TIBCO by Customer based on a five-year straight-line depreciationthe specific manufacturer's warranty provisions and time period, if any, as applicable to and as available for the Ancillary Products. This Section states In any event, the entire liability of TIBCO with respect Lessor shall be limited solely to the infringement repair of defects in, or, the replacement of the Ancillary Products at Lessor’s sole option. Lessor shall have no liability for the repair of any intellectual property rights, and Customer hereby expressly waives any other liabilities defect or obligations condition resulting from: Lessee’s relocation of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by Ancillary Products; utilities connection; alteration of the Ancillary Products; use of the then-current release.Ancillary Products for a purpose for which it was not intended; vandalism; misuse of the Ancillary Products; excessive wear and tear, or failure to provide notice to Lessor of needed repairs or maintenance. The repair of the Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE USAGE OR CONDITION OF THE ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Software directly from TIBCOterm of this Lease Agreement that it will repair structural or mechanical defects in the Modular Equipment (excluding HVAC filters, then TIBCO warrants fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that for a period Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationModular Equipment. This limited warranty extends only to Lessor shall have no liability for the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability repair of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, any defect or refund condition resulting from Lessee’s relocation of the Software and applicable Maintenance feesModular Equipment, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed utilities connection, alteration of the Modular Equipment, use of the Modular Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except misuse of the Modular Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Modular Equipment by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a timepreceding causes shall result in additional charges to Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, materialsCONSEQUENTIAL, travelINCIDENTAL OR PUNITIVE DAMAGES, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributorCOSTS OR EXPENSES ARISING IN RELATION TO LESSOR’S LIMITED WARRANTY, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareOR ANY REPAIRS PERFORMED PURSUANT TO THE LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, RELATED TO THE MODULAR EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONINFRINGEMENTTHERE ARE NO CONDITIONS, SATISFACTORY QUALITY COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR ARISING FROM A COURSE OF DEALINGOTHER PROVISIONS, USAGEEXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR TRADE PRACTICEOTHERWISE, ARE HEREBY EXCLUDED RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH LESSOR AND LESSEE.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO a. Mindjet warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished distributed, if applicable, will be free from defects, and that the Software shall conform substantially to the description in its Documentation when used in a Supported Environment for the first thirty (30) days of the License Term, unless otherwise required by applicable law. If the media is defective, your sole remedy in the event of a breach of this warranty will be that Mindjet will replace any defective media returned to Mindjet within the warranty period. If the Software does not substantially conform to the description in its Documentation, your sole remedy will be that Mindjet shall, at its option and its sole discretion, correct the defects in materials the Software or replace the defective licensed software, and, if Mindjet is unable to make the deficient licensed software substantially conform to the description in its Documentation after such commercially reasonable efforts, to discontinue your use of the licensed software and workmanship under normal useterminate your license to the Software provided that: (a) the Software has been properly installed and used at all times and in accordance with the instructions in its Documentation; (b) no modification, alteration, or addition has been made to the Software product by persons other than Mindjet or its authorized representative; and (iic) Mindjet receives written notice of the Software will substantially conform to its Documentationnon-conformity within the warranty period. This limited warranty extends only to the original Customer hereunder. Customer's is your sole and exclusive remedy and the entire liability for a breach of TIBCO and its licensors under this limited warranty will beand Mindjet’s sole and entire liability. The foregoing excludes Software made available by Mindjet at no charge, at TIBCO's optionincluding without limitation any trial or NFR (not for resale) license or subscription or “reader” or “guest” account, repair, replacement, or refund of the Software which are provided “as is” and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This “as available” with all faults and without warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees kind to pay TIBCO for any Maintenance or Services provided the maximum extent permitted by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwareapplicable law. EXCEPT AS SPECIFIED IN THIS FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE SOFTWAREMAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, MAINTENANCE MINDJET AND SERVICES ARE PROVIDED "AS IS"ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ALL WHETHER EXPRESS OR IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS XXXX, OR COMMUNICATION WITH YOU INCLUDING WITHOUT LIMITATION THE IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY OR ARISING FROM A COURSE QUIET ENJOYMENT, AND NONINFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWINTELLECTUAL PROPERTY RIGHTS. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE MINDJET DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSMEET YOUR REQUIREMENTS, PROBLEMS THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR INTERRUPTIONSERROR-FREE, OR THAT ERRORS OR BUGS DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MINDJET EXPRESSLY IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR THAT OTHER DAMAGE RESULTING FROM ANY SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE SOFTWARE'S FUNCTIONALITYEXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseYOU.

Limited Warranty. If Customer obtained Licensor warrants for the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase DateWarranty Period that: (i) if the Licensed Software is supplied via media, the media on which the Software is furnished will be free of from defects in materials and or workmanship under normal use; , and (ii) the copy of the Licensed Software will delivered to Licensee substantially conform conforms in all material respects to its the Documentation. This limited warranty extends only to the original Customer hereunder. Customer's Licensee’s sole and exclusive remedy for any defective media supplied by Licensor shall be Licensor’s repair or replacement of such defective media free of charge, provided that the defective media is returned to Licensor during the Warranty Period. During the Warranty Period, Licensee’s sole and exclusive remedy for not meeting part (ii) of the entire liability above warranty shall be the repair or replacement of TIBCO and its licensors under this limited warranty will bethe Licensed Software by Licensor free of charge so that it substantially conforms to the Documentation or, at TIBCO's optionif Licensor reasonably determines that such remedy is not economically or technically feasible, repair, replacement, or Licensee shall be entitled to a full refund of the license fee and any maintenance fee paid for such Licensed Software. Upon such refund, Licensee’s license to use such Licensed Software will immediately terminate. The warranties set forth in this Section 5 shall not apply if the defects in the Licensed Software or media result from: (a) failure to use the Licensed Software in accordance with the Documentation, this Agreement or ALAs; (b) the malfunctioning of Licensee’s equipment or network; (c) accident, neglect, or abuse; (d) service by any unauthorized person; (e) other software used by Licensee and applicable Maintenance feesnot provided by Licensor, in or for which event this End User License Agreement the Licensed Software is not designed or licensed for such use; (f) Third Party Software that is not a Third Party Component; (g) any other cause occurring after initial delivery of the Licensed Software or media to Licensee, unless caused directly by Licensor. Licensor has no responsibility for any claims made outside of the Warranty Period. The foregoing warranty shall terminate upon refund thereof. This warranty does not apply to any free-of-charge Licensed Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreementupdates provided under support and maintenance. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSFOREGOING WARRANTIES DO NOT APPLY, AND WARRANTIES INCLUDINGLICENSOR DISCLAIMS ALL WARRANTIES, WITHOUT LIMITATION, WITH RESPECT TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THAT IS NOT A THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretoCOMPONENT. The foregoing indemnity shall warranties set forth in this Section 5 will not apply to the extent and will become null and void if Licensee materially breaches any infringement could have been avoided by use provision of the then-current releasethis Agreement.

Limited Warranty. If Customer obtained the Software directly from TIBCOSeller agrees to provide, then TIBCO warrants that for through its general contractor Summit Homes Construction, LLC (“Builder”), a period of thirty (30) days from the Purchase Date: (i) the media Limited Warranty on which the Software is furnished will be free of defects in workmanship and materials and workmanship under normal use; and (ii) the Software will substantially conform related to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund construction of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained Residence in accordance with instructions supplied by TIBCO, the terms and provisions of the Limited Warrantyset forth on Exhibit C attached hereto and incorporated herein (d) has been subjected the “Limited Warranty”). Xxxxxxxxx agrees to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation sign and deliver the Limited Warranty to Seller at the time of any other term execution of this End User License Agreement, although it is understood and agreed that the effectiveness of the Limited Warranty is conditioned upon Closing and conveyance of the Property to Purchaser. Customer Xxxxxxxxx agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms give Seller written notice of any warranty claim at the time given to Builder pursuant to the Limited Warranty. Purchaser’s sole remedy (in lieu of all remedies implied by law or otherwise) against Seller in connection with defects shall be to require Seller or Builder to correct the defect in material or workmanship in accordance with the Limited Warranty. Neither Seller nor Builder shall be responsible for any defects where the cause is determined to result from Purchaser’s actions or negligence. The Limited Warranty is non-transferable and in no event shall any subsequent purchaser of the Residence be entitled to any claim for repair, replacement or otherwise of any part of the Residence, including without limitation the structural components of the Residence, except as provided may be required by law. Additionally, by executing this Agreement Xxxxxxxxx agrees to include the foregoing confirmation of non-transferability of Seller’s warranty in any subsequent purchase and sale agreement for the Residence. The Limited Warranty does not extend or relate to any items of tangible personal property in the Residence (whether or not such reseller property is attached to or distributorinstalled in the Residence) including, without limitation, any range, oven, range hood and TIBCO provides Customer no warranty with respect fan, microwave, garbage disposal, dishwasher, refrigerator, hot water heater, components of the heating system and any fire, alarm or other life-safety or security system installed in or servicing the Residence. Seller will assign tothe Purchaser at Closing any unexpired warranties Seller has received from the manufacturers of such tangible personal property, to the extent such Softwarewarranties are assignable. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSeller shall not be responsible for the performance of any such manufacturer under the manufacturer’s warranties. WITH REGARD TO ANY APPLIANCES OR SUCH OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, THE SOFTWAREWHETHER OR NOT WARRANTED BY MANUFACTURERS, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", SELLER DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY THOSE OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PURCHASER AGREES TO COMPLY WITH ALL MAINTENANCE MANUALS AND OTHER DOCUMENTS AND RECOMMENDATIONS PROVIDED TO PURCHASER WITH RESPECT TO THE INSPECTION, NONINFRINGEMENTOPERATION AND ROUTINE MAINTENANCE OF ALL SYSTEMS, SATISFACTORY QUALITY EQUIPMENT, AND SIMILAR ITEMS (INCLUDING, BUT NOT LIMITED TO, MECHANICAL, ELECTRICAL, PLUMBING, STRUCTURAL AND EXTERIOR SYSTEMS AND IMPROVEMENTS) MADE PART OF OR ARISING FROM SERVING THE PROPERTY. PURCHASER UNDERSTANDS AND AGREES THAT IF PURCHASER FAILS TO FOLLOW THE INSPECTION, MAINTENANCE AND REPAIR REQUIREMENTS AND STANDARDS CONTAINED IN SUCH MANUAL OR MATERIALS DELIVERED TO PURCHASER AND SUCH FAILURE CAUSES, WHETHER IN WHOLE OR IN PART, DAMAGE TO THE PROPERTY OR OTHER PROPERTY, THE RESULTING DAMAGE SHALL NOT BE COVERED BY THIS LIMITED WARRANTY AND SHALL FURTHER BE DEEMED NOT TO BE THE RESULT OF A COURSE DESIGN OR CONSTRUCTION DEFECT. EXCEPT AS STATED IN THE FIRST PARAGRAPH OF DEALINGTHIS LIMITED WARRANTY ABOVE, USAGESELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, OR TRADE PRACTICEQUALITY AS TO THE PROPERTY UNDERLYING THE PROJECT, ARE HEREBY EXCLUDED THE RESIDENCE, OR THE OTHER IMPROVEMENTS CONSTITUTING THE PROJECT, AND, TO THE EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, SELLER SPECIFICALLY EXCLUDES SUCH MATTERS IN CONSIDERATION OF THE EXPRESS WARRANTIES GIVEN UNDER THIS AGREEMENT. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE EXCEPT AS AN ACCOMMODATION TO CUSTOMEREXPRESSLY DISCLOSED BY THE SOILS REPORT DESCRIBED IN SECTION 20(o) BELOW, SELLER MAKES NO REPRESENTATION OR WARRANTY CONCERNING ANY GEOLOGICAL OR ENVIRONMENTAL MATTERS AND SPECIFICALLY EXCLUDES GEOLOGICAL AND ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS AGREEMENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; Except as otherwise provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimLimited Warranty, action or proceeding without TIBCO's prior written approval. In Purchaser assumes the event risk of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (damage occurring in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretoResidence after Closing. The foregoing indemnity provisions of this Section shall not apply to the extent any infringement could have been avoided by use of the then-current releasesurvive Closing.

Limited Warranty. Seller provides such warranty as set forth in any instruction manual provided with the deliverable, or if there is no such warranty or instruction manual, Seller warrants to Buyer that such deliverable will be free from defects in material and workmanship (in either case the "Limited Warranty"). Except as expressly set forth in this Section 13 or specifically authorized by an executive officer of Seller in writing, the Limited Warranty is not transferable or assignable and any such transfer or assignment is void. If Customer obtained Buyer is authorized by Seller to be a reseller of deliverables that are goods or an installing contractor, the Software Limited Warranty may be passed through to Buyer's customer, but Buyer shall not alter the Limited Warranty in any way. Notwithstanding the foregoing, if Buyer re-brands Seller's deliverable or Seller, at Buyer's request, brands the deliverable with a xxxx not owned by Seller, the Limited Warranty may not be transferred or assigned, and all claims under the Limited Warranty shall be made directly from TIBCOby Buyer to Seller and not by any customer of Buyer. The Limited Warranty does not cover service trips, then TIBCO warrants that for a period service calls, costs of thirty (30) days from removing and reinstalling components and other labor charges or the Purchase Date: cost of shipment of replacement parts. The Limited Warranty excludes damages due to (i) the media on which the Software is furnished will be free of defects failure to install, operate or maintain deliverables as directed in materials and workmanship any instruction manual provided or under normal use; and applicable law or regulation, (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability misuse, abuse, neglect or modification of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, a deliverable or refund of the Software and applicable Maintenance feesany controls, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeway, (biii) has been altered improper service, use of replacement parts or modified, except accessories that are not specified by TIBCOSeller, (civ) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japanimproper installation, or any member relocation of a deliverable after initial installation, (v) incorrect supply, accident, fire, flood, acts of God or other casualty, (vi) use of a deliverable other than its intended purpose and normal usage, (vii) use of a deliverable in a corrosive atmosphere or any atmosphere containing contaminants, (viii) shipment of a deliverable (all claims must be filed with carrier), (ix) use of a deliverable in the European Unionvicinity of combustible or explosive materials, (x) any defect in a deliverable arising from a drawing, design, or any copyrightspecification supplied by or on behalf of Buyer, (xi) failure of parts, components, services or any trade secret of hook-ups not supplied by Seller, (xii) incompatibility with items not supplied by Seller, (xiii) a third party; and TIBCO will indemnify and hold Customer harmless from and against any damagesdeliverable not properly installed by a qualified contractor experienced in installing the deliverable, costs and fees reasonably incurred (including reasonable attorneys' feesxiv) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure inadequate air for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.combustion,

Limited Warranty. If Customer obtained Pearson cannot assure that the Software directly from TIBCOperformance of Licensed Product will be uninterrupted or error-free, then TIBCO warrants or that all Licensed Product problems will be corrected, despite Xxxxxxx’x reasonable efforts to do so. Pearson does, however, warrant for a period of thirty ninety (3090) days from after the Purchase Date: (i) the media on which the Software is furnished will be free original shipment of defects in materials and workmanship Licensed Product hereunder that such Licensed Product, as originally delivered under normal use; and (ii) the Software this Agreement, will substantially conform to its Documentationthe applicable description and specifications contained in the Documentation delivered with such Licensed Product. This limited The foregoing warranty extends only shall not apply to Licensed Product that has been modified in any way by Customer, damaged, or used in a manner that does not conform to the original instructions and specifications contained in the Documentation for such Licensed Product or to Xxxxxxx’x hardware specifications for such Licensed Product, which are available upon request. In the event that Licensed Product does not meet the requirements of this warranty, Customer hereundershall be responsible to so notify Pearson in writing during the warranty period and provide Pearson with sufficient detail to allow Pearson to reproduce the problem. After receiving such notification, Pearson will undertake to correct the problem, either itself or through its licensors, by programming corrections, reasonable “work-around” solutions and/or Documentation corrections. If Pearson is unable to correct the problem after a reasonable opportunity, Pearson will refund the license fees paid for such Licensed Product and Customer's sole ’s license to use such Licensed Product will terminate. The foregoing states the complete and exclusive remedy and the entire liability of TIBCO and its licensors remedies that Customer has under this limited warranty. Pearson shall have no responsibility for any warranty will be, at TIBCO's option, repair, replacement, or refund claims made outside of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofwarranty period. This warranty does not apply to any Software which (a) is licensed for betaupdates, evaluationenhancements, testing new releases or demonstration purposes for which TIBCO does not receive a license feenew versions of Licensed Product, (b) has been altered or modifiedif any, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions that may be supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid pursuant to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, Xxxxxxx’x Support and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseServices Policies.

Limited Warranty. If Customer obtained Rogue Wave warrants to Licensee and for Licensee’s benefit only that the Software directly from TIBCOunaltered Licensed Software, then TIBCO warrants that when used as permitted under the License Agreement and in accordance with the instructions in the Documentation, will operate substantially as described in the Documentation for a period of thirty (30) days from the Purchase Date: date of delivery (i) the media on which the “Software Warranty Period”). The Licensed Software is furnished for use by sophisticated software developers, and Rogue Wave does not warrant that use of the Licensed Software will be free uninterrupted or error-free, that all errors will be corrected, or that use of defects in materials and workmanship under normal use; and (ii) the Licensed Software will substantially conform to meet Licensee’s needs. Rogue Wave will, at its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's own expense and as its sole obligation and Licensee’s sole and exclusive remedy and for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of Licensed Software reported to Rogue Wave by Licensee in writing during the Software and applicable Maintenance feesWarranty Period; provided, however, that no such error correction provided to Licensee will extend the original Software Warranty Period. If Rogue Wave determines that it is unable to correct the error, Rogue Wave may, in which event this End User the case of a perpetual license for the Licensed Software, upon approval by Licensee, refund to Licensee the fees paid by the Licensee for the defective Licensed Software and terminate the License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalaffected perpetual licenses granted herein. In the event Licensee does not approve of any such claim, litigation or threat thereof, TIBCO, at its sole option refund and expense, shall (a) procure for Customer termination of the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice with respect to Customerthe affected perpetual licenses of the Licensed Software, Licensee will be entitled to keep the Licensed Software and use it pursuant to the licenses granted herein; provided, however, that Rogue Wave will not be obligated to provide Maintenance and Support for the perpetual licenses of the Licensed Software that are impacted by the reported defect. In the event the Licensee has a subscription-based license for the Licensed Software, and if Rogue Wave determines that it is unable to correct the error, Rogue Wave will terminate the subscription licenses for the affected Licensed Software, and refund to Customer the unamortized Licensee the remaining portion of the pre-paid subscription license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states for the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseaffected licenses.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOfull payment of the applicable license fees, then TIBCO warrants Licensor warrants, for your benefit only, that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished provided will be materially free of from defects in materials material and workmanship under normal use; and use for a period of three (ii3) months from the date on which a Term License was granted to you. Licensor does not warrant that the Software shall be uninterrupted, that the operation of the Software will substantially conform to its Documentationbe error free or that it shall meet your requirements. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund is void if (i) failure of the Software and applicable Maintenance feeshas resulted from accident, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply abuse, unauthorized use or misapplication; (ii) any modifications were made to the Software by you or any third party; (iii) the Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been properly installed, operated, repaired, repaired or maintained in accordance with the instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, Licensor; or (eiv) is the Software was used on or in violation conjunction with hardware or software other than hardware and software with which the Software was designed to be used as described in the Documentation. In the event of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of this warranty, Licensor's sole obligation shall be, at its sole discretion, to replace or repair the Software or component thereof that does not meet the foregoing on a timelimited warranty, materialsfree of charge. Any replacement or repaired component will be warranted for the remainder of the original warranty period or 30 days, travel, lodging and other reasonable expenses basiswhichever is longer. If Customer obtained Warranty claims should be made within 90 days of purchase of the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareTerm License. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYFOR THE WARRANTY SET FORTH ABOVE, THE SOFTWARE, MAINTENANCE SOFTWARE MEDIA AND SERVICES THE SOFTWARE ARE PROVIDED LICENSED "AS IS", AND LICENSOR HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTPERFORMANCE, SATISFACTORY QUALITY ACCURACY, RELIABILITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCONON- INFRINGEMENT. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO LICENSOR’S DEALER, DISTRIBUTORCHANNEL PARTNER, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTHIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that All Products and Services manufactured by Seller are warranted against defects in material and workmanship under normal use and service for which such Products and Services were designed for a period of thirty eighteen (3018) days from the Purchase Date: months after shipment or twelve (i12) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationmonths after start-up, whichever comes first. This limited warranty extends only to the original Customer hereunder. Customer's Seller’s sole and exclusive remedy and the entire liability of TIBCO and its licensors obligation under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orLimited Warranty is, at its option, to settlerepair, replace, or refund any claim Product or action brought against Customer any part or parts thereof found to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United Statesbe defective. This Limited Warranty does not cover reimbursement for labor, Canadagaining access, Australiaremoval, Japaninstallation, temporary power, or any member other expenses, which may be incurred in connection with repair or replacement. Seller’s obligation under this Limited Warranty is conditioned upon receipt of the European Union, or any copyright, or any trade secret of a third party; all payments due from Buyer and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior prompt written notice to Customerof Xxxxx’s warranty claim. THIS LIMITED WARRANTY IS THE BUYER’S EXCLUSIVE REMEDY AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, and refund to Customer EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Seller’s maximum liability shall not in any event exceed the unamortized portion of contract price paid for the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationdefective Product or parts. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity Limited Warranty shall not apply to any Product or component repaired or altered by anyone other than Seller’s authorized personnel; to any Products assembled, installed, or used in a manner contrary to Seller’s instructions; or claims due to failure to follow Seller’s instructions for operation and maintenance. This Limited Warranty shall not apply to Product samples or prototypes. Those are provided “AS IS” with Seller having no liability or responsibility for any defects, errors, or omissions in, or any uses or decisions made by the extent any infringement could have been avoided by use of the then-current releaseBuyer with or in reliance upon samples or prototypes.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Paradyne warrants that for a period of thirty (30) days from under normal use and conditions the Purchase Date: (i) the media on which the Software is furnished Licensed Product will be free of from significant defects in materials and workmanship under normal use; for a period of ninety (90) days from the date of purchase by you from Paradyne or Paradyne's authorized reseller or distributor. Customer Remedies. Paradyne and its suppliers' entire liability and your exclusive remedy shall be, at Paradyne's option, (i) repair or replacement of the Licensed Product that fails to meet Paradyne's Limited Warranty, or (ii) return of the Software will substantially conform to its Documentationprice paid. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO Paradyne and its licensors under this limited suppliers shall have no responsibility, warranty will be, at TIBCO's option, repair, replacement, or refund other obligation whatsoever as a result of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive the use of the Licensed Product in a license feemanner inconsistent with the accompanying manuals and this License, (b) has been altered any modifications made to the Licensed Product, or modified, except by TIBCO, (c) has not been installedfailure of the Licensed Product as a result of accident, operated, repairedabuse, or maintained in accordance with instructions supplied by TIBCOmisapplication. NO OTHER WARRANTIES. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. PARADYNE AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSIMPLIED, AND WARRANTIES INCLUDINGPARADYNE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OR CONDITION OF MERCHANTABILITYSATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTAND ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MOREOVER, SATISFACTORY QUALITY THE PROVISIONS SET FORTH ABOVE STATE THE ENTIRE RESPONSIBILITY OF PARADYNE AND ITS SUPPLIERS AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY. LIMIT OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LIABILITY SHALL PARADYNE OR ARISING FROM A COURSE ITS SUPPLIERS BE LIABLE FOR COSTS OF DEALINGPROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, USAGELOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION OR DATA, OR TRADE PRACTICEANY OTHER SPECIAL, ARE HEREBY EXCLUDED INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE, THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING LICENSED PRODUCT, EVEN IF PARADYNE AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE RESULTS POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. IndemnityMarketing & License Agreement Paradyne and NetScout Confidential page 21 NetScout and Paradyne Use Pursuant to Company Procedures 01/26/98 42 EXHIBIT D PRODUCT SUPPORT AND PRIORITIZATION GUIDELINES Paradyne will provide Tier 1 and Tier 2 Support for Customers in the same manner that it provides such support for its other similar products. If Customer obtained the Software from TIBCO directlyNetScout will provide Tier 3 Support via telephone or electronic mail, then TIBCO agrees at its own expense to defend orfive (5) days per week, at its optionduring NetScout's normal business hours (8 am - 6 pm, to settleEST), and, and via a paging service for after hours, weekend and holiday escalations. Paradyne shall provide NetScout feedback for any claim or action brought against Customer Licensed Product bugs and potential fixes to the extent it is based on a claim that bugs, which will be reviewed by NetScout and subsequently incorporated into the unmodified Software infringes any patent issued by the United StatesLicensed Product, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalas required. In the event of any such claimParadyne is unable to resolve a Customer's problem and NetScout Tier 3 Support is required, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Paradyne will escalate the problem to NetScout per a Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent softwareassigned priority level. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.NetScout will respond as follows:

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder and is in compliance with its obligations under the Software directly from TIBCOLease Agreement, then TIBCO Lessor warrants throughout the Term that for a period it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationEquipment. This limited warranty extends only Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alterations, repairs, or modification to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beEquipment performed by Lessee, at TIBCO's option, repair, replacement, or refund use of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except damage to Equipment caused by TIBCOLessee, (c) has not been installedmisuse of the Equipment, operatedexcessive wear and tear, repaired, or maintained in accordance with instructions supplied failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty preceding causes shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect result in additional charges to such SoftwareLessee. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWRITTEN OR ORAL, RELATED TO THE EQUIPMENT OR ANY MATTERS CONTAINED IN THE LEASE AGREEMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTUSE OR OPERATION, SATISFACTORY OR ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR ARISING FROM A COURSE MATERIALS OR WORKMANSHIP, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF DEALINGTHE FOREGOING, USAGETHERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR TRADE PRACTICEOTHER PROVISIONS, ARE HEREBY EXCLUDED EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH LESSOR AND LESSEE.

Limited Warranty. Prevalent represents and warrants to Subscriber that the Service will in substantial compliance with the Prevalent Software Service Description attached hereto as Attachment B. In the event of a breach, Subscriber will promptly notify Prevalent of the non-conformity in writing and Prevalent will use reasonable commercial efforts to repair the Service to operate in compliance with its Prevalent Software Service Description and in compliance with the Service Level Agreement set forth in Attachment A. Subscriber’s exclusive remedy for breach of this warranty is for Prevalent to correct or work around the reported malfunction upon request. If Customer obtained the malfunction persists in causing a material failure in Subscriber’s production instances of the Service, causing a failure to conform to the Prevalent Software directly from TIBCOService Description without correction or work-around forty-five (45) days after written notice to Prevalent of a warranty claim under this Section 1.9, then TIBCO warrants Subscriber may terminate without liability for the balance of the terminated Services and receive a refund for all pre-paid Services, not yet delivered, as their exclusive remedy. All limited warranties on the Service are granted only to Subscriber and are non-transferable. This remedy represents Prevalent’s exclusive duty and Subscriber’s sole remedy even in the event that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects remedy should fail in materials and workmanship under normal use; and (ii) its essential purpose. Prevalent makes no warranty that the Software will substantially conform to its Documentationmeet Subscriber’s requirements or operate under Subscriber’s specific conditions of use. This limited Except as otherwise expressly provided herein, Prevalent makes no warranty extends only to that operation of the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty Service will be, at TIBCO's option, repair, replacementbe secure error free, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software free from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwareinterruption. EXCEPT AS SPECIFIED EXPLICITLY PROVIDED IN THIS LIMITED WARRANTYAGREEMENT OR OTHERWISE AGREED TO IN WRITING BY PREVALENT, THE SOFTWAREPREVALENT MAKES NO WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN FACT OR IN LAW, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. SUBSCRIBER MUST DETERMINE WHETHER THE SERVICE SUFFICIENTLY MEETS SUBSCRIBER’S REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. EXCEPT TO THE EXTENT ALLOWED BY APPLICABLE LAWATTRIBUTABLE TO A BREACH OF PREVALENT’S SECURITY OR SERVICE LEVEL OBLIGATIONS HEREUNDER, SUBSCRIBER BEARS SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICE TO MEET SUBSCRIBER’S REQUIREMENTS. CERTAIN THIRD PARTY SOFTWARE MAY EXCEPT TO THE EXTENT ATTRIBUTABLE TO EITHER PARTY’S GROSS NEGLIGENCE OR WILFULL MISCONDUCT, OR SERVICE LEVEL OBLIGATIONS HEREUNDER, PREVALENT WILL NOT, UNDER ANY CIRCUMSTANCES, BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERRESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY SUBSCRIBER COMPUTER OR INFORMATION STORAGE DEVICE. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE IN ADDITION, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT (A) THE SERVICE DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING CONSTITUTE THE RESULTS PROVISION OF ANY SOFTWARE, MAINTENANCE LEGAL ADVICE OR SERVICES OR THAT IN ANY MANNER; (B) THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE SERVICE DOES NOT ENSURE SUBSCRIBER’S COMPLIANCE WITH ALL APPLICABLE INDUSTRY REGULATIONS AND LAWS; AND (C) SUBSCRIBER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSOLELY RESPONSIBLE FOR ITS COMPLIANCE WITH APPLICABLE LAWS RULES AND REGULATIONS.

Limited Warranty. If Customer obtained Assays designed outside of published design specifications are not expected to conform to published performance specifications. Actual Assay performance will be affected if any of the Software directly from TIBCOfollowing apply: a) failure to provide a suitable storage, then TIBCO warrants use, or operating environment; b) use of non-recommended reagents; c) use of the Assays for a purpose or in a manner other than that for a period which they were designed; d) modifications or repairs done by Customer; or e) any other abuse, misuse, or neglect of thirty the Assays, including without limitation the use of the Assay with any item other than Fluidigm chips and Assays (30) days from except as may be set forth in the Purchase Datethen current applicable Fluidigm protocol for use of an Assay, with associated standard laboratory tools and equipment ancillary to use of such Assay). Fluidigm has optimized its Assays for use with certain Fluidigm protocols, Fluidigm Products, and authorized third party Fluidigm Products. Accordingly, Fluidigm recommends that Customer not use any Assays provided hereunder in combination with any protocols, non-standard conditions, or Fluidigm Products which are not either: (i) provided by Fluidigm, or (ii) from a source authorized by Fluidigm. Customer acknowledges that failure to comply with any restriction of use set forth herein (including without limitation the media on which the Software is furnished preceding sentence) will be free (i) constitute a breach of defects in materials these Terms and workmanship under normal use; Conditions, and (ii) the Software will substantially conform to its Documentationmay constitute a violation or infringement of Fluidigm’s and/or a third party’s intellectual property rights. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTO THE EXTENT PERMITTED BY APPLICABLE LAW, at TIBCO's optionFLUIDIGM, repairITS SUPPLIERS AND ITS REPRESENTATIVES DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWITH RESPECT TO FLUIDIGM PRODUCTS AND SERVICES, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained a. Tellspec warrants to the first purchaser of Hardware and accompanying Tellspec Software directly from TIBCOlicenses, then TIBCO warrants and subsequent transferees, that for a period of thirty (30) days from the Purchase Date: (i) the media on which the such Hardware and Tellspec Software is furnished will be free of defects in materials workmanship and workmanship material and conform substantially to the published specifications under normal use; use and (ii) the Software will substantially conform to its Documentationservice. This limited warranty extends only entitles you to obtain service for a Warranty Period of twelve (12) months, beginning on the original Customer hereunderdate of purchase of the Tellspec scanner. Customer's sole and exclusive remedy and If Hardware is repaired or replaced under warranty, then XXXX Page 3 of 5 2013.11.30 the entire liability of TIBCO and its licensors Warranty Period for such repaired or replacement Hardware shall be the remaining Warranty Period on the repaired or replaced Hardware, or ninety (90) days, whichever is greater. To obtain service under this limited warranty warranty, contact Tellspec by email at xxxx@xxxxxxxx.xxx, by telephone at +0 (000) 000 0000 to make arrangements. No products may be returned to Tellspec without its consent. Purchaser must provide proof of purchase and return defective products to Tellspec, transportation charges prepaid. Tellspec's only liability for defects will bebe to repair or, at TIBCOTellspec's option, repairreplace, replacementdefective Hardware or Tellspec Software, or refund of the Software and applicable Maintenance feesportions thereof, in which event this End User License Agreement shall terminate upon refund thereofwith new, repaired, renewed, or comparable Hardware or Tellspec Software, or portions thereof (whichever Tellspec deems necessary). This warranty does not apply to any Software which (a) is licensed for betaHardware damage resulting from accident, evaluationmisuse, testing or demonstration purposes for which TIBCO does not receive a license feeneglect, (b) has been altered or modifiedalteration, except by TIBCOtampering, (c) has not been installedimproper installation, operatedunusual environmental, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligencestress (such as voltage surges), or accident, or (e) is used in violation of any other term of this End User License Agreementunauthorized repair. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any This warranty shall be void if you have tampered with or otherwise modified the Tellspec scanner, if you have not followed Tellspec guidelines regarding care of the Tellspec scanner, and/or if Hardware is not shipped to Tellspec in the original shipping carton or in such other packaging as provided may be permitted by such reseller or distributorTellspec in writing. This warranty gives you specific legal rights, and TIBCO provides Customer no warranty with respect to such Softwareyou may also have other rights, which vary depending on your jurisdiction. In the European Union, you may also have other legal rights under applicable national legislation governing the sale of consumer goods. NEITHER TELLSPEC NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT USE OF THE TELLSPEC SYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, EXCEPT AS SPECIFIED EXPRESSLY STATED IN THIS LIMITED WARRANTY, AGREEMENT. THE SOFTWARE, MAINTENANCE TELLSPEC SYSTEM AND ANY SERVICES PROVIDED HEREUNDER BY TELLSPEC ARE PROVIDED "“AS IS"” AND “AS AVAILABLE” EXCEPT AS OTHERWISE REQUIRED BY LAW OR AS EXPRESSLY STATED IN THIS AGREEMENT. TELLSPEC AND ITS LICENSORS AND SUPPLIERS EACH DISCLAIM ALL WARRANTIES, ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTRADE USAGE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, AND NONINFRINGEMENT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERALL IMPLIED WARRANTIES REQUIRED BY LAW SHALL EXPIRE AT THE END OF THE WARRANTY PERIOD. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARESome jurisdictions do not allow limitations on how long an implied warranty lasts, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained so the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO above limitation may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseyou.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations contained in Section 6 herein, then TIBCO Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of thirty (30) 90 days from the Purchase Date: date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to extended by the original Customer hereundermanufacturer. Customer's sole Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund shipping of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisResale Products. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of Buyer discovers any warranty shall be as provided by such reseller or distributordefects and notifies Seller thereof in writing during the applicable warranty period, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orSeller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to settlebe defective, any claim or action brought against Customer to refund the extent it is based on a claim that purchase price of the unmodified Software infringes any patent issued defective portion of the Goods/Services. All replacements or repairs necessitated by the United Statesinadequate maintenance, Canadanormal wear and usage, Australiaunsuitable power sources or environmental conditions, Japanaccident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any member other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the European Unionoriginal warranty period or ninety (90) days, or any copyright, or any trade secret of a third party; whichever is longer. This limited warranty is the only warranty made by Seller and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer can be amended only in a final judgment; provided that TIBCO is promptly notified in writing of such claimsigned by Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, TIBCO has the exclusive right to control such defense and/or settlementEXPRESS OR IMPLIED, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimAS TO MERCHANTABILITY, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseFITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Limited Warranty. If Customer obtained Seller warrants only that, at the Software directly from TIBCOtime of delivery of the Product, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which Product meets Seller's current written specif ications for the Software is furnished will be free of defects in materials and workmanship specific Product sold under normal usethis Agreement; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) Product has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained manufactured in accordance with instructions supplied by TIBCOall federal and state laws and regulations applicable to the Product and Seller's sale of the Product under this Agreement; and (iii) it shall transfer ownership of the Product free and clear of any liens or encumbrances. Seller makes no warranties against infringement of intellectual property of any kind (including patent, (dtrade secret or trademark) has been subjected due to abnormal physical the use of the Product alone or electrical stressin combination with other products, misusethe manufacture, negligenceuse, sale, offer for sale or importation of the Product alone or in conjunction with other products, or accidentthe use of materials during any process. Buyer assumes all risks and liability for the results obtained from the Use (as such term is defined in Section 6) of the Product, whether used alone or in combination with other substances or in any process. Seller may discontinue delivery of the Product, and the manufacture, sale, offer for sale, use or importation which, in its opinion, involves infringement of any patent. EXCEPT AS PROVIDED IN THIS SECTION, SELLER EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY USAGE OF TRADE OR TRADE USAGE. ANY DETERMINATION THAT THE PRODUCT IS SUITABLE FOR THE USE CONTEMPLATED BY THE PURCHASER IS THE SOLE RESPONSIBILITY OF THE PURCHASER. Seller makes no warranties or representations to Buyer or its affiliates or subsidiaries, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty third party with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained its ability or the Software from TIBCO directly, then TIBCO agrees at its own expense ability of others to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer act properly in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claima failure of a computer or device to accurately store, litigation process, provide or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right receive data relating to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseAgreement.

Limited Warranty. If Customer obtained CONTEMPLAS GmbH has passed the Software directly exclusive liability for any end customer claims to Mar-Systems Ltd (DISTRIBUTOR) for purchases of SOFTWARE furnished by DISTRIBUTOR. For warranty questions, please contact the DISTRIBUTOR. SOFTWARE is warranted as follows: SOFTWARE is free from TIBCOdefects in design, then TIBCO warrants that materials and workmanship for a period of thirty (30) days twelve months from the Purchase Date: (i) date of delivery of the media on which SOFTWARE to you. Your sole remedy in the Software is furnished event of a breach of this warranty will be free that Mar-Systems Ltd will, at its discretion, replace any defective media returned to Mar-Systems Ltd within the warranty period or refund the money you paid for the SOFTWARE. Mar-Systems Ltd does not warrant that the SOFTWARE will meet your requirements or that the use of the SOFTWARE will be uninterrupted. Mar-Systems Ltd does not warrant that the SOFTWARE will be error-free. The above warranties do not apply to defects resulting from improper or inadequate maintenance, unauthorized modification, improper use or operation outside of the specifications for the SOFTWARE, abuse, negligence, accident, loss or damage in materials transit, improper site preparation, or unauthorized maintenance or repair. Except for the limited warranty set forth above, neither CONTEMPLAS GmbH nor Mar-Systems Ltd make any other warranty of any kind or nature, expressed or implied, of merchantability, fitness for a particular purpose and workmanship non-infringement of intellectual property rights. To the maximum extent permitted by applicable law, under normal use; and (ii) no circumstances will CONTEMPLAS GmbH or its distributors be liable to you for any special, consequential, indirect or CONTEMPLAS GmbH damages, including any lost profits or lost data arising out of the Software will substantially conform to its Documentationuse of the software even if CONTEMPLAS GmbH has been advised of the possibility of such damages. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty exclusion does not apply to any Software damage, which (a) was caused by rough negligence or by deliberate act on the part of CONTEMPLAS GmbH. In no case shall CONTEMPLAS GmbH or Mar-Systems Ltd liability exceed the purchase price for the software. This agreement is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer subject to the extent it is based general trading conditions of CONTEMPLAS GmbH. I accept and agree the above terms and conditions on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member behalf of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' feescompany name) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.Signed .............................................

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO LICENSOR warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software PRODUCT is furnished will be be, under normal use, free of from defects in materials and workmanship workmanship. LICENSOR also warrants the PRODUCT licensed hereunder will perform in substantial accordance with the specifications and descriptions contained in the PRODUCT documentation. LICENSOR’S entire liability and LICENSEE’S exclusive remedy under normal use; and (ii) the Software this provision will substantially conform be for LICENSOR to its Documentation. This limited warranty extends only use commercially reasonable best efforts to remedy defects covered by this warranty, without charge to the original Customer hereunderLICENSEE, within a reasonable period of time. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beLICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofOR THAT ALL SOFTWARE DEFECTS CAN BE CORRECTED. This warranty does shall not apply to any Software which apply: (a1) if the PRODUCT is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained used in accordance with instructions supplied the LICENSOR’S documentation; (2) to portions of the PRODUCT that have been modified by TIBCO, LICENSOR (dat the LICENSEE’S request) or LICENSEE where such modifications are not part of the standard PRODUCT; (3) if a defect in the PRODUCT has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, caused by any of LICENSEE’S malfunctioning system and/or equipment; (4) for non-XX Xxxxxxx based uses of the PRODUCT; (5) if any other use within the control of LICENSEE results in the PRODUCT becoming inoperative; or (e6) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance inappropriate or Services provided by TIBCO related unauthorised use. No employee, agent or representative of LICENSOR has authority to a breach of bind LICENSOR to any oral representation, warranties or conditions concerning the foregoing on a timePRODUCT. Any written representation, materials, travel, lodging and other reasonable expenses basiswarranty or condition not expressly contained in this AGREEMENT shall not be enforceable. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareTHE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE LICENSOR AND SERVICES ARE PROVIDED "AS IS", ALL ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY INCLUDING THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTREGARDING THIS AGREEMENT, SATISFACTORY QUALITY ANY LICENSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE ANY PRODUCT PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseHEREUNDER.

Limited Warranty. If Customer obtained NTI warrants that, at the time of delivery to ---------------- Cadence, the unmodified NTI Product Components (including any and all Updates), and the Developed Software directly from TIBCO(excluding any Cadence Developed Software) (collectively defined for the purposes of this Article 10 as the "NTI Warranted Software") and delivered to Cadence will be complete and functioning and that, then TIBCO warrants that for a period of thirty six (306) months from the date of delivery or ninety (90) days from the Purchase Date: date of the first commercial shipment by Cadence of such NTI Warranted Software (iwhichever is shorter) (the media on which "Warranty Period"), the NTI Warranted Software is furnished delivered to Cadence will be free of defects in materials and workmanship have no Critical Errors under normal use; . NTI's entire liability and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. CustomerCadence's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCONTI's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use reasonable commercial efforts to attempt to correct any Critical Errors or to replace the Software or (b) replace or modify the NTI Warranted Software with functionally equivalent software. If such settlement or modification NTI is not commercially reasonable (unable to correct any Critical Error in the reasonable opinion NTI Warranted Software and delivered to Cadence within sixty (60) days after such Critical Error is reported to NTI by Cadence, then (a) in the case of TIBCO)a Critical Error in the initial version of the NTI Warranted Software delivered to Cadence under this Agreement, TIBCO may cancel Cadence will have the right to terminate this End User License Agreement upon sixty days prior by written notice to CustomerNTI and NTI will pay to Cadence an amount equal to the sum of License Fee and Service Fee payments made by Cadence prior to such termination, or (b) in the case of a Critical Error in an Update to the NTI Product Components delivered to Cadence under this Agreement, Cadence will have the right to terminate Section 8 of this Agreement and NTI will pay to Cadence an amount equal to Service Fee payments made by Cadence since the last Update delivered but at least the most recent payment, in each case provided that Cadence reports such Critical Error to NTI within the applicable Warranty Period. If a Critical Error is caused by the portions of the Cadence Developed Code, Cadence will provide NTI with engineering resources as necessary to correct the Critical Error, and refund (a) NTI will not be responsible for any failure to Customer correct the unamortized portion of the license fees paid Critical Error within sixty (60) days if Cadence fails to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement provide such engineering resources and (b) shall be relieved of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply under this Section 10.1 to the extent any infringement could have been avoided failure to fulfill the obligation is caused directly and primarily by use of the then-current releasesuch Critical Error.

Limited Warranty. If Customer obtained Seller will transfer to Buyer any Product warranties and indemnities authorized by the Software directly from TIBCOmanufacturer, then TIBCO including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Products purchased hereunder will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable manufacturer’s specifications for such products and that any value-added work performed by Seller on such Products will conform to applicable Buyer’s specifications. This If Seller breaches this warranty, Xxxxx’s remedy is limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, (at TIBCO's option, repair, replacement, or Seller’s election) (1) refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which Buyer’s purchase price for such Production (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feewithout interest), (b2) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentrepair of such Products, or (e3) is used in violation replacement of any other term such Products; provided that such Products must be returned to Seller, along with acceptable evidence of this End User License Agreementpurchase, within 20 days from date of delivery, transportation charges prepaid. Customer agrees No warranty will apply if the Product has been subject to pay TIBCO for any Maintenance misuse, static discharge, neglect, accident or Services provided by TIBCO related to a breach of the foregoing on a timemodification, materials, travel, lodging and other reasonable expenses basisor has been soldered. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Customer obtained For as long as Lessee timely makes all payments due hereunder and is in compliance with its obligations under the Software directly from TIBCOLease Agreement, then TIBCO Lessor warrants throughout the Term that for a period it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of thirty any defects, malfunctions, or leaks within two (302) business days from of the Purchase Date: (i) occurrence thereof. In any event, the media on which liability of Lessor shall be limited solely to the Software is furnished will be free repairing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationEquipment. This limited warranty extends only Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alterations, repairs, or modification to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beEquipment performed by Lessee, at TIBCO's option, repair, replacement, or refund use of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed Equipment for beta, evaluation, testing or demonstration purposes a purpose for which TIBCO does it was not receive a license feeintended, (b) has been altered or modifiedvandalism, except damage to Equipment caused by TIBCOLessee, (c) has not been installedmisuse of the Equipment, operatedexcessive wear and tear, repaired, or maintained in accordance with instructions supplied failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related Lessor due to a breach defect or condition resulting from any of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty preceding causes shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect result in additional charges to such SoftwareLessee. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYSPECIFICALLY PROVIDED HEREIN, THE SOFTWARELESSOR DISCLAIMS ANY AND ALL WARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWRITTEN OR ORAL, RELATED TO THE EQUIPMENT OR ANY MATTERS CONTAINED IN THE LEASE AGREEMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTUSE OR OPERATION, SATISFACTORY OR ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR ARISING FROM A COURSE MATERIALS OR WORKMANSHIP, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF DEALINGTHE FOREGOING, USAGETHERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR TRADE PRACTICEOTHER PROVISIONS, ARE HEREBY EXCLUDED EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE EXTENT ALLOWED SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseBOTH XXXXXX AND XXXXXX.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Miovision warrants that for a period of thirty three years from delivery of the Hardware to the Customer (30) days from the Purchase Date: (i) “Limited Warranty Period”), the media on which the Software is furnished will Hardware shall be free of from problems due to workmanship or component defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only pursuant to the original Customer hereunderfollowing terms and conditions, and function substantially in accordance with the Documentation, if any. Customer's sole and exclusive remedy and At any time within the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund first 3 years from delivery of the Software Hardware to the Customer, the Customer may purchase an extension to the Limited Warranty Period, the purchase and applicable Maintenance fees, cost of which shall be provided in which event this End User License Agreement shall terminate upon refund thereofthe Sales Order Agreement. This warranty does not apply include, and Miovision shall have no liability whatsoever under this warranty section with respect to any Software which cosmetic damage, or damage resulting from (ai) is licensed Customer failure to follow Miovision’s instructions for beta, evaluation, testing installation or demonstration purposes for which TIBCO does not receive a license feeuse of the Hardware, (bii) has been altered alteration, modification or modified, except by TIBCOmisuse of the Hardware in any way, (ciii) has the combination, operation or use of the Hardware with any materials, parts, equipment or devices not been installedmanufactured or approved by Miovision, operated, repaired(iv) attempted repair by anyone other than Miovision or an Agent or other facility authorized by Miovision to service the Hardware, or maintained in accordance with instructions supplied by TIBCO(v) accident, (d) has been subjected to abnormal physical or electrical stress, misuseabuse, negligence, or accidentthe connection to an improper voltage supply, or (e) is used in violation acts of any other term of this End User License AgreementGod,. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisREPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CUSTOMER. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL MIOVISION SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONWARRANTY ON THE HARDWARE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED PURPOSE ON THE HARDWARE IS LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAWDURATION OF THE LIMITED WARRANTY PERIOD. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; Miovision’s sole and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event liability arising out of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion sale of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice Hardware to Customer, and Customer’s sole and exclusive remedy is expressly limited, at Miovision’s option, to either (i) refund to the Purchase Price paid by Customer for the unamortized portion Hardware (without interest), or (ii) repair and/or replacement of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationHardware. This Section states Some jurisdictions do not allow the entire liability exclusion or limitation of TIBCO with respect to certain damages, so the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities above limitations or obligations of TIBCO with respect thereto. The foregoing indemnity shall exclusions may not apply to the extent any infringement could have been avoided by use of the then-current releaseCustomer.

Limited Warranty. If Customer obtained All products sold by LUX LES Dom-Dekor is sold as new and comes with LUX LES Dom-Dekor limited standard warranty unless stated otherwise. Subject to the Software directly from TIBCOconditions, then TIBCO exclusions and limitations that follow, LUX LES Dom-Dekor warrants that its products are free from defects in materials and workmanship. LUX LES Dom-Dekor provides a five (5) year warranty from the date of delivery for wood panels and wood furniture and a period of thirty (30) days day warranty from the Purchase Date: (i) date of delivery for clocks. To the media on which the Software is furnished extent permitted by local law, LUX LES Dom-Dekor guarantees that at its discretion, it will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacementreplace, or refund any product that manifests a defect in materials or workmanship during the limited warranty period. The limited panel warranty covers any defects workmanship of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofpanels. This The limited hardware warranty does NOT cover problems resulting directly or indirectly from: • Buyers’ failure to follow product instructions. • Buyers’ failure to perform preventive maintenance. • Accidents, abuse, liquid spills, misuse or problems with electrical power. • Acts of God, including but not apply limited to any Software which (a) is licensed for betanatural disasters, evaluationfires, testing earthquakes, and storms. • Normal wear and tear. • Products with missing or demonstration purposes altered service tags or serial numbers. • Products for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) LUX LES Dom-Dekor has not been installedreceived payment. Except for the express warranties contained in these Terms and Conditions and to the extent not prohibited by law, operatedLUX LES Dom-Dekor DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSSTATUTORY OR OTHERWISE, AND INCLUDING BUT NOT LIMITED TO (1) WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND (3) WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. LUX LES Dom-Dekor IS NOT LIABLE BEYOND ANY REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS AND DOES NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, NONINFRINGEMENTFOR THIRD-PARTY CLAIMS AGAINST THE BUYER FOR DAMAGES. No warranties or conditions, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGwhether express or implied, USAGEwill apply after the warranty period has expired. Some states, OR TRADE PRACTICEprovinces, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREjurisdictions or countries do not allow limitations on how long an implied warranty or condition lasts, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO so this limitation may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseyou.

Limited Warranty. If Customer obtained Hardware Products. Prysm warrants, that the Software directly hardware Products meet Xxxxx’s published specifications and will be free from TIBCO, then TIBCO warrants that defects in workmanship or material for a period of thirty (30) days from the Purchase Date: Warranty Period. The “Warranty Period” shall be (i) in the media on which the Software is furnished will be free case of LPDs, one (1) year from Customer acceptance; provided that, if Customer acceptance does not occur within three (3) months of physical delivery to Customer’s designated site and Customer has not identified any material defects in materials and workmanship under normal use; the delivered Product, the Warranty Period shall commence three months after delivery, and (ii) in the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability case of TIBCO and its licensors under this limited warranty will beother hardware Products manufactured by Prysm, at TIBCO's option, repair, replacement, or refund one (1) year from physical delivery of the Software Product to Customer’s designated location. Should any defect in workmanship or material appear within the relevant Warranty Period, Prysm will (during the Warranty Period, and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) proper substantiation has been altered or modifiedprovided to Prysm that the goods have been stored, except by TIBCO, (c) has not been installed, operatedmaintained, repaired, or maintained and operated in accordance with instructions supplied Prysm’s recommended practice and the standard industry practice, and that the defect(s) are not the result of an unauthorized repair, modification, or improper connection by TIBCOmechanical, (d) has been subjected to abnormal physical or electrical stressmeans to any other piece of equipment or device) correct such defect(s) by suitable repair or replacement at the factory, misuseat the place of business of the Customer or at the location of the hardware Product under warranty, negligenceat Prysm’s option. All returns to Prysm’s factory must be authorized in advance of shipment in writing, and shipped prepaid. Prysm assumes no risk of loss, or accidentliability for damage during shipment prior to acceptance of delivery at Prysm’s factory, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO nor will Prysm be responsible for any Maintenance duties or Services provided taxes associated for the delivery to Xxxxx’s factory. Outgoing freight charges for repaired or replacement Products will not be paid by TIBCO related Prysm if the incoming inspection fails to disclose a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basiswarranted defect. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareIT IS AGREED BETWEEN PRYSM AND CUSTOMER AND/OR PRYSM AND THE END CUSTOMER THAT THE FOREGOING LIMITED WARRANTY SHALL BE CUSTOMER’S EXCLUSIVE REMEDY. EXCEPT AS SPECIFIED THE SOLE PURPOSE OF THE EXCLUSIVE REMEDY SHALL BE TO PROVIDE CUSTOMER WITH REPAIR AND REPLACEMENT OF DEFECTIVE PRODUCT IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE MANNER PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSHEREIN, AND WARRANTIES INCLUDINGSHALL NOT BE DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE AS LONG AS PRYSM IS WILLING TO REPAIR, WITHOUT LIMITATION, OR REPLACE DEFECTIVE PRODUCT IN THE DESCRIBED MANNER. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY OR OTHER WARRANTY OF QUALITY OR ARISING FROM A COURSE PERFORMANCE, WHETHER EXPRESSED OR IMPLIED. CORRECTION OF DEALINGNONCONFORMITIES, USAGEIN THE MANNER AND TIME PERIOD PROVIDED ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF PRYSM TO CUSTOMER WITH RESPECT TO, OR TRADE PRACTICEARISING OUT OF THE FAILURE OR MALFUNCTION OF THE PRODUCT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONSPRIOR TO, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTEDUSE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSOTHERWISE. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained All returns that are replaced shall become the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orproperty of Prysm and shall, at its optionPrysm’s request, to settle, any claim or action brought against be returned by Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (Prysm at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasePrysm’s cost.

Limited Warranty. This limited warranty extends to and covers only the Customer, as the purchaser of the Product, Software and Service; the Customer represents and warrants to Electro that the Customer is subject to and bound by the limited warranty and disclaimer of warranty contained within Section 8.0: PRODUCT LIMITED WARRANTY Electro warrants that commencing from the Product’s date of delivery and continuing immediately following thereafter for a period of four (4) consecutive years, that the Product will be free from defects in material and workmanship, and except for the foregoing, the Product is sold AS IS with all faults. This warranty does not apply to defects resulting from unauthorized modification, misuse, or use of the Product for any use other than electrical power monitoring, which is the intended and normal use of the Product. The Customer’s sole and exclusive remedy and the entire liability of Electro under this limited warranty will be, at Electro's option, as follows: (i) the Product’s repair; or (ii) shipment of a replacement Product within the above stated warranty period. To exercise this limited warranty, the Customer must give notice (See Section 16.8) to Electro’s customer-support department and give additional notice to Electro’s customer-support department by facsimile or by telephone for Electro’s instructions for the Product’s return or repair. If the Product is repaired, Electro will ship the repaired Product to the Customer. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY ELECTRO IN CONNECTION WITH THE PRODUCT, AND ELECTRO DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. The Customer obtained must notify Electro promptly, but in no event more than four (4) year after the Product’s date of delivery of any claimed breach of this warranty, or such claim shall be time barred. PRODUCT LIMITED WARRANTY RESTRICTIONS THE LIMITED WARRANTY CONTAINED WITHIN SECTION 8.0 WILL NOT BE GIVEN OR APPLY, AND NO EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS SHALL BE DEEMED APPLICABLE, GIVEN OR PROVIDED BY ELECTRO WITH RESPECT TO OR CONCERNING THE PRODUCT, IF: (a) the Product has been altered, except by Electro or Electro’s authorized representative; (b) the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Electro; (c) the Product has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (d) the Product is used in ultrahazardous activities; or (e) the Customer failed to pay Electro the Product’s purchase price pursuant to Section 3.0 and Section 6.0 of these Terms of Sale. SERVICE LIMITED WARRANTY Electro warrants that Service provided hereunder shall be performed in a workmanlike manner consistent with industry standards. The Customer must notify Electro promptly by written notice (see Section 16.8), but in no event more than one (1) year after completion of the Service of any claimed breach of this warranty, or such claim shall be time barred. The Customer’s sole and exclusive remedy for breach of any of these foregoing service warranty shall be, at Electro’s option, re-performance of the Service, or termination of the applicable Service and the return of the Service fees/amounts paid to Electro by Customer for such non-conforming Service. The provision of Service subject to Terms of Sale shall not extend the warranties provided with any Product purchased or Software directly from TIBCOlicensed by Customer. THE FOREGOING SERVICE WARRANTIES ARE THE SOLE WARRANTIES, then TIBCO EXPRESS OR IMPLIED, GIVEN BY ELECTRO IN CONNECTION WITH THE SERVICE, AND ELECTO DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES CONCERNING THE SERVICE. SERVICE LIMITED WARRANTY RESTRICTIONS THE LIMITED WARRANTY CONTAINED WITHIN SECTION 8.0 WILL NOT BE GIVEN OR APPLY, AND NO WARRANTY SHALL BE DEEMED APPLICABLE, GIVEN OR PROVIDED BY ELECTRO WITH RESPECT TO OR CONCERNING THE SERVICE, IF THE CUSTOMER FAILED TO PAY ELECTRO THE SERVICE’S PURCHASE PRICE PURSUANT TO SECTION 3.0 AND SECTION 6.0 OF THESE TERMS OF SALE. SOFTWARE LIMITED WARRANTY Electro warrants that for a period of thirty one (301) days year immediately after and from the Purchase Datedate of Software’s delivery from Electro: (i) the media media, if any, on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.and

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO All sales are final. Seller warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on Goods manufactured by Seller and supplied hereunder and which the Software is furnished not subject to Specifications will be free of from defects in materials and workmanship under normal use; conditions of use and (ii) service for a period of 24 months from the Software date of shipment in the case of liftgates and a period of 12 months from the date of shipment in the case of separately sold liftgate components and other parts or products. Seller warrants that Goods manufactured by Seller and supplied hereunder and which are subject to Specifications will substantially conform to its Documentation. This limited warranty extends the Specifications at the time of shipment, but only to the original Customer hereunderextent Buyer has provided the Specifications to Seller prior to shipment and Seller has accepted such Specifications in writing. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES EXTENDED BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSARISING BY OPERATION OF LAW, AND WARRANTIES COURSE OF DEALING, OR CUSTOM OR TRADE, INCLUDING, WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS OR DRAWINGS, SATISFACTORY QUALITY AND WHETHER OR ARISING FROM A COURSE NOT THE GOODS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED FOR BUYER’S USE OR PURPOSE. THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF DEALINGSELLER AND SHALL BE VALID ONLY WITH RESPECT TO SALES MADE BY SELLER IN THE CONTINENTAL UNITED STATES AND CANADA. THE WARRANTY MAY NOT BE TRANSFERRED BY, USAGEAND IS MADE ONLY TO, BUYER. Notwithstanding the foregoing, if any other warranty is imposed upon Seller by applicable law, that warranty shall be limited to the minimum period of time mandated by law. SELLER MAKES NO WARRANTY OR TRADE PRACTICEGUARANTEE WHATSOEVER WITH RESPECT TO SALES OR ORDERS FOR NON-STANDARD, SUB-GRADE GOODS OR PURCHASES THROUGH UNAUTHORIZED SALES CHANNELS. GOODS SOLD UNDER SUCH SALES OR ORDERS ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "FURNISHED “AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING ” AND “WITH ALL FAULTS.” THE RESULTS SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY SOFTWAREWARRANTY HEREUNDER SHALL BE LIMITED, MAINTENANCE AT SELLER’S ELECTION, TO REPAIR OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS REPLACEMENT (IN THE SOFTWARE WILL BE CORRECTED, FORM ORIGINALLY SHIPPED) OF THE GOODS OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE REPAYMENT OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.CREDIT OF THE

Limited Warranty. If Fluidigm warrants to and only to Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty thirteen (3013) days months from the Purchase Date: date of shipping (i“Fluidigm Instrument Warranty Period”) that the media on which software and instruments are free from defects in material and workmanship, and conform to Fluidigm’s published specifications at the Software is furnished time of purchase in all material respects. Service will be free of defects in materials provided pursuant to Fluidigm’s standard service terms. Fluidigm’s sole and workmanship under normal use; exclusive liability (and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy remedy) under the foregoing warranty shall be for Fluidigm to repair or replace software and the entire liability of TIBCO and its licensors under this limited warranty instruments, as solely determined by Fluidigm. Nonconforming instruments will bebe serviced at Customer's facility or, at TIBCO's Fluidigm’s option, repairFluidigm’s facility. If service is performed at Fluidigm’s facility, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofFluidigm will bear shipping costs. This warranty does not apply to any Software Fluidigm Product to which any of the following apply, i.e., the warranty for any such Fluidigm Product unit shall be void: i) failure to provide a suitable storage, use, or operating environment; ii) use of non-recommended reagents; iii) use of the Fluidigm Products for a purpose or in a manner other than that for which they were designed; iv) modifications or repairs done by Customer; v) Customer’s failure to install software updates, engineering changes or enhancements to the Fluidigm Products when recommended by Fluidigm; vi) service or maintenance by a person other than Fluidigm or its agents; vii) use of the Fluidigm Product outside the country of sale; viii) consumable Fluidigm Products or ix) any other abuse, accident, misuse, or neglect of the Fluidigm Products, including without limitation the use of the Fluidigm Product with any item other than Fluidigm Products (except as may be set forth in the extant applicable Fluidigm protocol for use of a Fluidigm Product, with associated standard laboratory tools and equipment ancillary to use of such Fluidigm Product). For example, use of a Fluidigm reader with non-Fluidigm IFCs voids the warranty for that reader, unless specifically authorized in writing by Fluidigm. This warranty applies only to Customer and not third parties. Customer acknowledges that failure to comply with any restriction of use set forth herein will (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive constitute a license feebreach of these Terms and Conditions, (b) has been altered or modifiedinvalidate any warranty provided herein and any applicable service agreement, except by TIBCO, and (c) has not been installedmay constitute a violation or infringement of Fluidigm’s and/or a third party’s intellectual property rights. TO THE EXTENT PERMITTED BY APPLICABLE LAW, operatedFLUIDIGM, repairedITS SUPPLIERS AND ITS REPRESENTATIVES DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSWITH RESPECT TO FLUIDIGM PRODUCTS AND SERVICES, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO WRT warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will Updates are provided to be free of from defects in materials and workmanship under normal use; and for ninety (ii90) days after delivery. Defective media may be returned for replacement without charge during the Software ninety (90) day warranty period unless the media have been damaged by accident or misuse. WRT warrants, for ninety (90) days after purchase, that any unaltered Update will substantially conform to its Documentationthe documentation that accompanies it (WRT expressly reserves the right to provide the documentation on the same media as the Updates). Any implied warranties are limited to the duration of the express warranties stated in this Section 5. WRT does not warrant that: (a) operation of any of the Updates shall be uninterrupted or error free, (b) that functions contained in the Updates shall operate in combinations which may be selected for use by Licensee or meet Licensee’s requirements, or (c) that the Updates will detect all viruses, Trojan horses, worms or other software routines or hardware components designed to permit unauthorized access to or to disable, erase or otherwise harm any software, hardware or data. WRT’s entire liability and your exclusive remedy shall be, at the option of WRT, either (a) return of the price paid or (b) repair or replacement of any Update that does not meet the foregoing warranty, when returned to WRT. This limited warranty extends only to is void if failure of the Update has resulted from accident, abuse or misapplication. Any replacement software will be warranted for the remainder of the original Customer hereunderwarranty period or thirty (30) days, whichever is longer. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHE FOREGOING EXPRESS LIMITED WARRANTIES ARE IN LIEU OF AND, at TIBCO's optionTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, repairWRT SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED WITH REGARD TO THE SERVICES AND THE PROVISION OF OR FAILURE TO PROVIDE SUCH SERVICES. TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY , IN NO EVENT WILL WRT OR ITS DISTRIBUTORS OR DEALERS BE PROVIDED TO CUSTOMER ALONG LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, PROFITS, USE OF INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT THE SERVICES OR THE USE OF OR INABILITY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION ANY UPDATE, EVEN IF WRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WRT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE MAINTENANCE FEES PAID BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseLICENSEE HEREUNDER.

Limited Warranty. If Customer obtained This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship Product under normal use; use that may exist at the time when it is sold by Segway, and (ii) the Software will substantially conform Limited Warranty by Segway shall not apply to its Documentation. This limited warranty extends only any defect, defective condition and/or damages to the original Customer hereunderProduct that is caused by another person or you after it is sold by Segway. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty The Limited Warranty does not apply to any Software which normal wear and tear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, Segway and/or other Segway Parties (aas applicable) is licensed for beta, evaluation, testing in its sole discretion will repair or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained replace defective Product in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach purchased from an authorized retailer of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisProduct. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any This warranty shall be as provided by such reseller or distributorgives you specific legal rights, and TIBCO provides Customer no warranty with respect if you are a consumer in the United States of America, you may also have other rights which vary from State to such SoftwareState. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWHETHER ARISING BY LAW, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO GROUND THAT SUCH WARRANTY IS MADE REGARDING MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE RESULTS FOREGOING DISCLAIMER, THE DURATION OF ANY SOFTWARE, MAINTENANCE OR SERVICES ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE SOFTWARE WILL OPERATE WITHOUT ERRORSAPPLICABLE COUNTRY/STATE LAW, PROBLEMS OR INTERRUPTIONSWHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT ERRORS OR BUGS IN SO THE SOFTWARE WILL BE CORRECTEDABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED THIS PARAGRAPH SHALL NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' feesYOU.) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.2

Limited Warranty. If Customer obtained Unless otherwise provided in the limited warranties for the Software directly from TIBCOfound at xxxx://xxx.Xxxx.xxx/Warranty, then TIBCO Dell solely warrants that it has the right to grant the licenses to the Software, and except as set forth in Sections 13 and 15 below, that such Software will substantially conform in material respects to the functional specifications and current documentation provided by Dell with the Software. This limited warranty is not transferable and extends only for a period of thirty (30) days from the Purchase Date: (i) date of delivery of the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationSoftware, unless otherwise stated at xxx.Xxxx.xxx/Xxxxxxxx. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bedoes not cover damages, at TIBCO's optiondefects, repair, replacementmalfunctions or failures caused by any unauthorized modification by you, or refund your agents, of the Software and applicable Maintenance feesSoftware; any abuse, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing misuse or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except negligent acts of you; modification by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation you of any other term of this End User License Agreement. Customer agrees interfaces or any software or hardware interfacing with the Software; or any failure by you to pay TIBCO for any Maintenance follow Dell’s installation, operation or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwaremaintenance instructions. EXCEPT AS SPECIFIED IN THIS FOR THE PRECEDING EXPRESS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSDELL MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES INCLUDINGRELATED TO THE SOFTWARE WHETHER EXPRESS, WITHOUT LIMITATIONIMPLIED OR STATUTORY, AND DELL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE AND NON-INFRINGEMENT. DELL DOES NOT WARRANT THAT THE FUNCTIONS OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, MEET YOUR REQUIREMENTS OR THAT ERRORS OR BUGS IN OPERATION OF THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE AND THE RESULTS ACHIEVED. YOUR SOLE AND EXCLUSIVE REMEDY, AND DELL’S ENTIRE LIABILITY, FOR BREACH OF THE WARRANTIES PROVIDED HEREIN, IS FOR DELL, AT ITS SOLE DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY NON-CONFORMANCE OR THAT TO PROVIDE A REFUND OF THE LICENSE FEES PAID BY YOU TO DELL FOR THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE . THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE DISCLAIMED -- ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred SUCH WARRANTY EXTENDS ONLY FOR THIRTY (including reasonable attorneys' fees30) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseDAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE.

Limited Warranty. If Customer obtained Panasas warrants that the Software directly from TIBCO, then TIBCO warrants that will substantially comply with Panasas's written descriptions of the functionality of such Software for a period of thirty ninety (3090) days from the Purchase Date: (i) the media on which date Customer receives it and provided Customer installs the Software and accepts the associated XXXX terms, provided that Panasas is furnished will be free notified in writing of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunderany material non-conformity within such 90-day period. Customer's sole and exclusive remedy and for any breach of this warranty is for Panasas to undertake reasonable efforts to correct any material non-conformity, to provide replacement Software that has the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacementdescribed functionality, or refund to permit return of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofthe associated Panasas Product(s) so that Customer may obtain a refund. This warranty Panasas does not apply to any warrant that the Software which (a) is licensed for beta, evaluation, testing will meet Customer’s requirements or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach that the operation of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisSoftware will be uninterrupted or error-free. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED PANASAS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES IN THIS LIMITED WARRANTY, RELATION TO THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EITHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND INCLUDING WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the limitation or exclusion of warranties, SATISFACTORY QUALITY so the above limitation or exclusion may not apply. Customer’s Obligations. Customer shall provide to Panasas access to the Software, Hardware and Customer equipment and employees, and shall otherwise cooperate with Panasas as reasonably necessary for Panasas to verify compliance with and enforce this Agreement and for Panasas perform any warranty obligations it may have. Customer shall maintain e-mail and HTTP, SMTP and FTP access as specified by Panasas for remote access to the Software by Panasas to verify compliance with and enforce this Agreement and for Panasas perform any warranty obligations it may have. LIMITATION OF LIABILITY. PANASAS'S LIABILITY ARISING OUT OF THIS AGREEMENT OR ARISING FROM A COURSE SALE OF DEALINGTHE PANASAS PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PANASAS PRODUCTS. IN NO EVENT SHALL PANASAS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, USAGECONSEQUENTIAL, INCIDENTAL, PUNITIVE, UNFORESEEABLE OR INDIRECT DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS OR REVENUE, LOSS OR INACCURACY OF INFORMATION OR DATA, COST OF RECOVERING SOFTWARE OR DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TRADE PRACTICETECHNOLOGY, ARE HEREBY EXCLUDED TO LOST EMPLOYEE TIME, OR LOST OPERATIONAL SAVINGS OR COSTS), HOWEVER CAUSED OR ARISING, ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION ANY ACTIONS OR CLAIMS ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE), AND WHETHER OR NOT PANASAS HAS BEEN ADVISED OF OR AWARE OF THE EXTENT ALLOWED BY APPLICABLE LAWPOSSIBILITY OF SUCH DAMAGES OR LOSSES. CERTAIN THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PANASAS EXPRESSLY DISCLAIMS, AND CUSTOMER AGREES, THAT PANASAS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERPRODUCT OR SERVICE. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREThe limitations of liability set forth in this Agreement reflect a deliberate and bargained for allocation of risks between Customer and Panasas and constitute the basis of the Parties' bargain, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTYwithout which Customer and Panasas would not have agreed to the terms and conditions of this Agreement. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO Panasas will indemnify and hold Customer harmless from and against or settle any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software covered by these license terms infringe any U.S. copyright or (b) replace or modify the Software with functionally equivalent softwareU.S. registered trademark. If such settlement a claim appears likely, Panasas may modify the Software, procure any necessary license, replace it, or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel terminate this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees amounts paid to TIBCO Panasas by Customer based for the Panasas Product(s) the use of which is impaired or enjoined, limited to actual money paid to Panasas by Customer for such Panasas Product(s), depreciated over a three- (3-) year period beginning on the date such amounts are paid, using a five-year straight-line depreciationmethod. This Section states the entire liability of TIBCO with respect Panasas’s obligation to the infringement of any intellectual property rightsindemnify, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply hold harmless and/or settle a claim pursuant to the extent any infringement could have been avoided by use of the then-current release.this section is subject to Customer

Limited Warranty. If Customer obtained This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship Product under normal use; use that may exist at the time when it is sold by Segway, and (ii) the Software will substantially conform Limited Warranty by Segway shall not apply to its Documentation. This limited warranty extends only any defect, defective condition and/or damages to the original Customer hereunderProduct that is caused by another person or you after it is sold by Segway. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty The Limited Warranty does not apply to any Software which normal wear and tear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, Segway and/or other Segway Parties (aas applicable) is licensed for beta, evaluation, testing in its sole discretion will repair or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained replace defective Product in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach purchased from an authorized retailer of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisProduct. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any This warranty shall be as provided by such reseller or distributorgives you specific legal rights, and TIBCO provides Customer no warranty with respect if you are a consumer in the United States of America, you may also have other rights which vary from State to such SoftwareState. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONSACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWHETHER ARISING BY LAW, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO GROUND THAT SUCH WARRANTY IS MADE REGARDING MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE RESULTS FOREGOING DISCLAIMER, THE DURATION OF ANY SOFTWARE, MAINTENANCE OR SERVICES ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE SOFTWARE WILL OPERATE WITHOUT ERRORSAPPLICABLE COUNTRY/STATE LAW, PROBLEMS OR INTERRUPTIONSWHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THAT ERRORS OR BUGS IN SO THE SOFTWARE WILL BE CORRECTEDABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED THIS PARAGRAPH SHALL NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained YOU.) The parts repaired or replaced under the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to Limited Warranty are covered only for the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member remainder of the European Unionwarranty period of the Product. Limited Warranty Service and Maintenance Warranty services will be made at no charge to you for labor and parts. Unless explicitly informing you otherwise in writing, warranty services will be provided by an authorized service provider of the Product that is an independent contractor. For warranty services, parts replaced by Segway will be retained by and become the property of Segway. Segway’s online services are available at xxxx://xxx.xxxxxx.xxx/support/after-sale-service-polices/. During your use of the Product, if you believe the Product or any copyrightits component is defective and/or does not work correctly. PLEASE IMMEDIATELY STOP USING THE PRODUCT, AND STORE THE PRODUCT PROPERLY. YOUR CONTINUED USE OF THE PRODUCT UNDER SUCH CIRCUMSTANCE MAY CAUSE SEVERE BODILY INJURY OR EVEN DEATH TO YOURSELF, THE OTHERS AND/OR CAUSE PROPERTY DAMAGES. Thereafter, please immediately contact Xxxxxx at xxxxxxxxxxxxxxxx@xxxxxx.xxx. Segway’s technical support personnel are available to assist you online or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer over the phone in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has diagnosing the exclusive right to control such defense and/or settlementdefect, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimif any, action or proceeding without TIBCO's prior written approvaland providing further instructions. In the event of any such claimthe warranty services are required, litigation or threat thereof, TIBCO, at its sole option and expense, shall please prepare for the following materials including (ai) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion proof of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use original purchase of the then-current release.Product from Segway Dealers,

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Driver Software: Scion Instruments warrants that for a period of thirty one (301) days Year from the Purchase Date: (i) date of purchase that the Driver Software will execute its programming instructions when properly installed on a standalone workstation, network server or network client computer that conforms to the minimum required hardware specifications and approved operating systems. Scion Instruments does not warrant that the operation of the Driver Software will be uninterrupted or error free. In the event that the Driver Software fails to execute its programming instructions during the warranty period, your remedy shall be to return the media on to Scion Instruments for replacement. Should Scion Instruments be unable to replace the media within a reasonable amount of time, your alternate remedy shall be a refund of the purchase price upon return of the Driver Software and all copies. Media: Scion Instruments warrants the media upon which the driver Software is furnished will recorded to be free of from defects in materials and workmanship under normal use; and use for a period of one (ii1) Year from the Software will substantially conform day of purchase. In the event any media prove to its Documentationbe defective during the warranty period, your remedy shall be to return the media to Scion Instruments for replacement. This limited warranty extends only Should Scion Instruments be unable to replace the original Customer hereunder. Customer's sole and exclusive media within a reasonable amount of time, your alternate remedy and shall be a refund of the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund purchase price upon return of the Software and applicable Maintenance feesall copies. Notice of warranty claims: You must notify Scion Instruments, in which event this End User License Agreement shall terminate upon refund thereofwriting, of any warranty claim not later than the expiration of the warranty period. LIMITATIONS OF WARRANTY: SCION INSTRUMENTS MAKES NO OTHER EXPRESS WARRANTY, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE DRIVER SOFTWARE. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS LIMITED TO THE ONE (1) YEAR DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property gives specific legal rights, and Customer hereby expressly waives any you may also have other liabilities or obligations of TIBCO with respect theretorights, which vary from state to state. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseEXCLUSIVE REMEDIES: THE REMEDIES PROVIDED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL SCION INSTRUMENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limited Warranty. If Customer obtained Licensor warrants that it has clear title to the Software directly from TIBCO, then TIBCO Software. Licensor further warrants that for a period of thirty twelve (3012) days from months after installation, the Purchase Date: (i) the media on which the Software is furnished will be free of defects Software, if used by Customer in materials accordance with applicable documentation and workmanship under normal use; and (ii) the Software not modified by Customer in any way, will substantially conform to its Documentation. This limited warranty extends only to perform the original Customer hereunderfunctions outlined in the user documentation. Customer's sole remedy under the preceding limited warranty is that Licensor will undertake to correct within a reasonable period of time any reported “Software Error” (failure of the Software to perform substantially the functions described in the documentation), correct errors in the documentation, and exclusive remedy and the entire liability of TIBCO and its licensors replace any magnetic media which proves defective in materials or workmanship on an exchange basis without charge. In order to make a claim under this limited warranty, Customer must return the defective item to the Licensor, postage prepaid, within ten (10) days following the expiration of the limited warranty will beperiod. If Licensor is unable to replace the defective media or if Licensor is unable to provide corrected software or corrected documentation within a reasonable time, Licensor will, at TIBCO's its sole and exclusive option, repair, replacement, either replace the Software with a functionally equivalent program at no charge to Customer or refund the license fee of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofSoftware. This warranty does not apply to any Software which (a) The aforementioned remedy is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO the Customer's sole remedy for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timewarranty by Licensor. THE ABOVE LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, materialsEITHER EXPRESSED OR IMPLIED, travelAND LICENSOR MAKES NO OTHER WARRANTIES, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND NO WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE SOFTWARE, NONINFRINGEMENTNOR ANY WARRANTIES WITH REGARD TO VALUE ADDED ENHANCEMENTS, SATISFACTORY QUALITY INTEGRATIONS OR ARISING FROM A COURSE OF DEALING, USAGEMODIFICATIONS ADDED TO OR COUPLED WITH THE PRODUCT BY OTHERS, OR TRADE PRACTICEWITH REGARD TO OTHER SERVICES OR TECHNICAL SUPPORT TO BE PROVIDED BY OTHERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE LIMITED WARRANTIES OR CREATE ANY NEW WARRANTIES. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED PROHIBITED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED , ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING NINETY (90) DAYS FROM THE RESULTS DATE OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT DELIVERY OF THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained Seller will transfer to Buyer any Product warranties and indemnities authorized by the Software directly from TIBCOmanufacturer, then TIBCO including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Products purchased hereunder will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. This If Seller breaches this warranty, Xxxxx’s remedy is limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, (at TIBCO's option, repair, replacement, or Seller’s election) (1) refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which Buyer’s purchase price for such Production (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feewithout interest), (b2) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentrepair of such Products, or (e3) is used in violation replacement of any other term such Products; provided that such Products must be returned to Seller, along with acceptable evidence of this End User License Agreementpurchase, within 12 months from date of delivery, transportation charges prepaid. Customer agrees No warranty will apply if the Product has been subject to pay TIBCO for any Maintenance misuse, static discharge, neglect, accident or Services provided by TIBCO related to a breach of the foregoing on a timemodification, materials, travel, lodging and other reasonable expenses basisor has been soldered. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Customer obtained Subject to all of the Software directly from TIBCOterms and conditions set forth below, then TIBCO warrants that for a period of thirty (30) days from Interkal provides the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This following limited warranty extends only (“Limited Warranty”) to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund end user of the Software Interkal Products (“Owner”). The Limited Warranty period begins on the Owner’s sign off date (set forth below) and continues for the applicable Maintenance feestime period described below. SUBSTANTIAL COMPLETION DATE: Facility Name: TGS #: End user/Owner: In the event a defect in the material or workmanship (or component part thereof) causes failure of the Interkal Product within the applicable time period, and provided written notice of the defect is given to Interkal at the address set forth below prior to the expiration of the applicable time period, Interkal, in which event this End User License Agreement shall terminate upon refund its sole discretion, will either repair or replace the defective product (or defective component part thereof) with a comparable product (or component part thereof). This warranty does not apply Interkal has no responsibility to match the color, grain, fabric or texture of any Software which (a) is licensed for beta, evaluation, testing repaired or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modifiedreplaced product, except to within commercially reasonable standards, as determined by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License AgreementInterkal. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timeThe Limited Warranty includes labor, materials, traveland freight for the first five years of the warranty time period and materials and freight only thereafter (structural components). All other costs are excluded. The fulfillment of the Limited Warranty (including investigation, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributortiming of response, the terms of any warranty shall be as provided by such reseller or distributorlabor, and TIBCO provides Customer no warranty with respect to such Softwareshipment) is under the exclusive control and discretion of Interkal. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWARRANTY AND THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND ARE IN LIEU OF ANY AND ALL OTHER REMEDIES, THE SOFTWAREWARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"OR REPRESENTATIONS OTHER THAN THOSE EXPRESSLY STATED HEREIN, ALL EXPRESS WHETHER EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW). CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTime Periods.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations contained in Section 6 herein, then TIBCO Seller warrants that (a) the licensed firmware that Seller created that is embodied in the Goods will execute the programming instructions provided by Seller, (b) the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care until the expiration of the applicable warranty period, and (c) it will perform the Services in a professional, workmanlike and timely manner in accordance with commercially reasonable industry standards and that the Services shall be completed in accordance with the applicable agreed to specifications. Goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of thirty (30) 90 days from the Purchase Date: date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (i“Resale Products”) shall carry only the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to extended by the original Customer hereundermanufacturer. Customer's sole Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund shipping of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisResale Products. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of Buyer discovers any warranty shall be as provided by such reseller or distributordefects and notifies Seller thereof in writing during the applicable warranty period, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend orSeller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to settlebe defective, any or refund the purchase price of the defective portion of the Goods/Services. Failure by Buyer to give such written notice of defects within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. All replacements or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued repairs necessitated by the United Statesinadequate maintenance, Canadanormal wear and usage, Australiaunsuitable power sources or environmental conditions, Japanaccident, misuse, improper installation, modification, repair, storage or handling, or any member other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the European Unionoriginal warranty period or ninety (90) days, or any copyright, or any trade secret of a third party; whichever is longer. This limited warranty is the only warranty made by Seller and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer can be amended only in a final judgment; provided that TIBCO is promptly notified in writing of such claimsigned by Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, TIBCO has the exclusive right to control such defense and/or settlementEXPRESS OR IMPLIED, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claimAS TO MERCHANTABILITY, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseFITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Limited Warranty. If Customer obtained During the Evaluation Period the Software directly from TIBCOis provided and you accept the Software “AS-IS” and “WITH ALL FAULTS.” Upon commencement of the production use license, then TIBCO DataCore warrants that for a period of ninety (90) days that the Software will substantially conform under normal use to DataCore's specifications contained in the user guides and operating manuals provided by DataCore with the Software. DataCore will, at its sole discretion, either promptly replace any Software that fails to comply with this warranty at its cost or refund the amount paid for the Software. Any claims submitted under this section must be submitted in writing to DataCore within the specified warranty period. This limited warranty is void if failure of the Software results from accident, abuse, misapplication, abnormal use or a virus. Any replacement for the Software, and any bug fix, maintenance release or update to the Software, will be warranted under this limited warranty for the remainder of the original warranty period applicable to the Software or thirty (30) days from the Purchase Date: (i) the media on which the Software its delivery, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationlonger. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY, at TIBCO's optionAND DATACORE’S AND ITS SUPPLIERS’ SOLE AND EXCLUSIVE LIABILITY, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, CONNECTION WITH THE SOFTWARE, MAINTENANCE INCLUDING FOR ANY BREACH OF THE WARRANTY RELATING TO THE SOFTWARE. THIS LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING WARRANTY IS EXCLUSIVE AND SERVICES ARE PROVIDED "AS IS"IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, ALL WHETHER EXPRESS OR IMPLIED IMPLIED, AND DATACORE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED AND AGAINST HIDDEN DEFECTS TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATACORE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE DATACORE DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, MEET YOUR REQUIREMENTS OR THAT ERRORS OR BUGS IN USE OF THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED, ERROR FREE, OR THAT FREE OF VARIATIONS FROM THE DOCUMENTATION. DATACORE IS NOT RESPONSIBLE FOR ANY INTERFERENCE WITH OR INABILITY TO USE THE SOFTWARE RESULTING FROM ADDITIONAL SOFTWARE OR SERVICES PROVIDED BY THE CLOUD INFRASTRUCTURE SUPPLIER, IF ANY, THROUGH WHICH YOU ACCESS THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Xxxxxxx Systems warrants that for a period of sixty (60) days from the date the Software was delivered to Licensee, the Software, if operated as directed, will substantially achieve the functionality described in the Related Materials provided by Xxxxxxx Systems. Xxxxxxx Systems does not warrant, however, that Licensee’s use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by Xxxxxxx Systems in the Software have inherent limitations, and Licensee must determine that the Software sufficiently meets Licensee’s requirements. Xxxxxxx Systems also warrants that the media containing the Software is free from defects in material and workmanship and will remain so for sixty (60) days from the date the Software was delivered to Licensee. This sixty (60) day period shall collectively be referred to herein as the “Warranty Period”. Xxxxxxx Systems’ sole liability for any breach of this warranty shall be, in Xxxxxxx Systems’ sole discretion: (i) to replace any defective media; or (ii) to advise Licensee how to achieve substantially the same functionality with the Software as described in the Related Materials through a procedure different from that set forth therein; or (iii) if the above remedies are impracticable, to refund the license fee Licensee paid for the Software. Repaired, corrected, or replaced Software and Related Materials shall be covered by this limited warranty for the time remaining under the Warranty Period that covered the original Software, or if longer, for thirty (30) days from after the Purchase Date: date (i) of delivery to Licensee or Licensee’s organization of the repaired or replaced Software, or (ii) Xxxxxxx Systems advised Licensee how to operate the Software so as to achieve the functionality described in the Related Materials. Only if Licensee informs Xxxxxxx Systems in writing of Licensee’s problem with the Software during the applicable Warranty Period, and provides written evidence of the date Licensee entered into this License Agreement through the purchase of the media containing the Software and the Related Materials, will Xxxxxxx Systems be obligated to honor this warranty. Xxxxxxx Systems will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE SOLE WARRANTY MADE BY Xxxxxxx Systems. This warranty shall immediately terminate (i) if any modifications are made to the Software by Licensee; (ii) if the media is subjected to accident, abuse, or improper use; or (iii) if Licensee violates the terms of this License Agreement. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software is furnished will was designed to be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) described in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRelated Materials.

Limited Warranty. If Customer obtained Seller will transfer to Buyer any Product warranties and indemnities authorized by the Software directly from TIBCOmanufacturer, then TIBCO including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Products purchased hereunder will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationthe applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. This If Seller breaches this warranty, Xxxxx’s remedy is limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, (at TIBCO's option, repair, replacement, or Seller’s election) (1) refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which Buyer’s purchase price for such Production (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feewithout interest), (b2) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accidentrepair of such Products, or (e3) is used in violation replacement of any other term such Products; provided that such Products must be returned to Seller, along with acceptable evidence of this End User License Agreementpurchase, within 20 days from date of delivery, transportation charges prepaid. Customer agrees No warranty will apply if the Product has been subject to pay TIBCO for any Maintenance misuse, static discharge, neglect, accident or Services provided by TIBCO related to a breach of the foregoing on a timemodification, materials, travel, lodging and other reasonable expenses basisor has been soldered. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants that for a period Products manufactured by it are, at the time of thirty (30) days delivery to Buyer, free from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials material and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited workmanship, provided that no warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which is made with respect to: (a) is licensed for betaany product that has been subject to negligence, evaluationaccident, testing or demonstration purposes for which TIBCO does not receive a license fee, improper storage; (b) any product that has been altered improperly installed or modified, except by TIBCO, maintained; or (c) any product that has not been installed, operated, repairedoperated beyond normal or recommended replacement intervals or wear limits. Seller’s obligation under this warranty is limited to the replacement of, or maintained in accordance with instructions supplied by TIBCOat Seller’s option, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation the return of the purchase price of any other term Product which is returned to Seller or its designated representative (at Buyer’s expense) within one (1) year from the date of this End User License Agreementpurchase and which, upon inspection by Seller, is found by Seller to be defective in material or workmanship. Customer agrees to pay TIBCO Seller shall not be responsible for the cost of labor for removing any Maintenance defective product or Services provided by TIBCO related to a breach of the foregoing on a timeinstalling any replacement product. THE WARRANTIES, materialsOBLIGATIONS AND LIABILITIES, travelEXPRESS OR IMPLIED, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributorAND ALL OTHER RIGHTS, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED CLAIMS AND REMEDIES OF BUYER SET FORTH IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS ARE EXCLUSIVE AND SERVICES ARE PROVIDED "AS IS"IN SUBSTITUTION FOR, ALL EXPRESS OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR IMPLIED CONDITIONSOTHERWISE, REPRESENTATIONSWITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE PRODUCTS OR SERVICES PROVIDED UNDER ANY ORDER, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGECOURSE OF DEALING OR USAGE OF TRADE; ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR TRADE PRACTICEREMEDY ARISING FROM THE NEGLIGENCE OF SELLER OR ANY MANUFACTURER OF AIRCRAFT INCORPORATING THE PRODUCTS; AND ANY OBLIGATION, ARE HEREBY EXCLUDED LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseAIRCRAFT.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company are not warranted by Company and have such warranties as may be extended by the foregoing on a time, materials, travel, lodging and other reasonable expenses basisrespective manufacturer. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY SOFTWAREMOLD, MAINTENANCE FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR THAT OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE SOFTWARE WILL OPERATE WITHOUT ERRORSPREVENTION, PROBLEMS ELIMINATION, REDUCTION OR INTERRUPTIONSINHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

Limited Warranty. If Customer obtained Licensor warrants to Licensee that during the Software directly from TIBCO, then TIBCO warrants that for a period of thirty first sixty (3060) days from after the Purchase Date: Delivery Date (ithe "Warranty Period") the media Licensed Products will conform to Licensor's published specifications in effect on which the Software is furnished will be free of defects in materials Delivery Date, and workmanship under normal use; and (ii) that the Licensed Software will perform substantially conform to its as described in the accompanying Licensed Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty Licensor does not apply to any Software which warrant (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, that the Licensed Software will meet Licensee's requirements; (b) has been altered or modified, except by TIBCO, that operation of the Licensed Software will be uninterrupted; (c) has not been installedthat the Licensed Product is error free; (d) that all defects in the Licensed Product will be corrected; or (e) any change or modification of the Licensed Software made by Licensee; provided, operatedhowever, repaired, any change or maintained modification properly made by Licensee in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used contained in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO the Licensed Documentation for any Maintenance or Services the Licensed Software shall not void the warranty provided by TIBCO related Licensor herein. Laws from time to time in force may imply warranties that cannot be excluded or can only be excluded to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basislimited extent. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty This Agreement shall be as provided by read and construed subject to any such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarestatutory provisions. EXCEPT AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTYAGREEMENT, LICENSOR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE SOFTWARE, MAINTENANCE LICENSED SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE LICENSED DOCUMENTATION AND SERVICES ARE PROVIDED "AS IS", LICENSOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONSOTHER WARRANTIES, REPRESENTATIONS, INDEMNITIES AND WARRANTIES GUARANTEES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVES OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, SUITABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE). No warranties as may be set forth herein shall be applicable to any Licensed Products offered as a demo or trial use free of charge, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED which shall be accepted by Licensee on an "AS AS-IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release" basis.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO LOYALITY warrants that for a period of thirty (30) days from it shall provide the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors services under this limited warranty will beAGREEMENT in a commercially reasonable manner, at TIBCO's option, repair, replacement, or refund of consistent with industry standards. In the Software and applicable Maintenance fees, in which event an issue arises under this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty AGREEMENT with respect to the services provided hereunder, LOYALITY shall use commercially reasonable efforts to correct any issue under its control. The limit of LOYALITY’s liability hereunder shall be LOYALITY’s cost to correct any issue or the return of fees associated with the particular project or issue, but in no event such Softwareamount shall not exceed the fees paid to LOYALITY for the period of ninety (90) days prior to the incident giving rise to the issue under this warranty. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYClient agrees that the limit of LOYALITY’s liability under this AGREEMENT shall be regardless of the nature of the claim, THE SOFTWAREdemand, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"or cause of action, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settleincluding but not limited to, any claim claims of contractual liability, liability for misrepresentations or action brought against Customer to the extent it is inducements of any kind, any product liability (whether based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, negligence or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalstrict liability). In the event of any such claima breach of this warranty which remains uncured for a period of twenty (20) business days, litigation or threat thereofin additional to the remedy set forth above, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO Client may cancel terminate this End User License Agreement upon sixty days prior AGREEMENT by providing written notice to CustomerLOYALITY. IN NO EVENT SHALL LOYALITY BE LIABLE FOR ANY LOST PROFITS, OR ANY PUNATIVE, SPECIAL, CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF LOYALITY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. LOYALITY shall not be obligated to assume the defense of, or satisfy, any claim that might be made against Client by any other party. In addition, Client specifically undertakes to defend, indemnify, and refund to Customer the unamortized portion of the license fees paid to TIBCO hold LOYALITY harmless for any loss, claim, or damage, including all such claims by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by third parties resulting from Client use of third-party software, unless it was caused solely by the then-current releasenegligence or willful act of LOYALITY.

Limited Warranty. If CAE Healthcare warrants to Customer obtained that, commencing upon the Software directly from TIBCOfirst day of scheduled on-site installation, then TIBCO warrants that for a period of thirty one (301) days from year thereafter or such longer term if Customer renews the Purchase Date: Support and Maintenance Services (the “Warranty Period”) (i) any Hardware shall substantially conform to the media on which the Software is furnished will applicable CAE Healthcare specifications in effect, and be free of defects in defective materials and or workmanship under normal use; use and service, (ii) all Services will be performed in a workmanlike manner in accordance with industry standards, and (iii) Software Product shall comply with the Software will substantially conform to its Documentationwarranty conditions set forth in Appendix A. CAE Healthcare makes no warranty after the Warranty Period. This limited warranty only extends only to the original Customer hereunderBuyer of the products. Customer's sole and exclusive remedy and This Limited Warranty is not transferable. EXCEPT SUCH AS IS EXPRESSLY SET FORTH HEREIN, CAE HEALTHCARE MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS HAVE BEEN MADE EXCEPT THOSE MADE HEREIN. This warranty is void if:(1) the entire liability of TIBCO and its licensors under this limited warranty will beproduct has been damaged by accident, at TIBCO's option, repair, replacementnatural disaster, or refund unreasonable use, neglect, alteration, faulty or negligent installation, abuse, misuse or other causes not arising out of the Software and applicable Maintenance feesdefects in material workmanship; (2) Damage or defects due to handling by carrier or Customer or incurred during shipment, provided shipment is not organized by CAE Healthcare, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which case, such damage s would be the liability of CAE Healthcare; (a3) is licensed for beta, evaluation, testing the product labeling or demonstration purposes for which TIBCO does not receive a license fee, (b) CAE Healthcare’s name has been altered or modified, except defaced by TIBCO, Customer; or (c4) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) the product has been subjected to abnormal physical modified or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued repaired by the United States, Canada, Australia, JapanCustomer, or any member of the European Union, third-party not expressly authorized in writing by CAE Healthcare to perform such modifications or any copyright, or any trade secret of a third party; and TIBCO repairs. Customer will indemnify and hold Customer harmless CAE Healthcare, its officers, employees, and agents for any costs of injury or loss of training time resulting from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim unauthorized repair or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing modification. ALL SALES ARE FINAL. At the sole discretion of such claim, TIBCO has CAE Healthcare the exclusive right remedy during the Warranty Period of the Customer shall be repair of defective product or replacement of defective product with current version (or configuration) of the identical or equivalent product. If CAE Healthcare determines that a defective product requires repairs Customer shall return the defective product to control such defense and/or settlementCAE Healthcare facilities. ,. CAE Healthcare shall not replace hardware which, through normal use, has met the expected lifetime of the product. Customer shall, within a reasonable amount of time, return defective product to CAE Healthcare. CAE Healthcare shall determine the End-of-life (“EOL”) for each hardware component under warranty, and Customer shall provide reasonable assistance (at TIBCO's expense) in not be responsible for replacement as long as the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalLearningSpace Software continues to support such hardware components. In the event of any such claimthe Customer must comply with an internal EOL requirement deadline, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for CAE Healthcare will provide the Customer the right option to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasepurchase new hardware.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity Limited Warranty shall not apply to those components and any warranty of such components shall be the extent any infringement could warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have been avoided such warranties as may be extended by use of the then-current releaserespective manufacturer. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Each party warrants that for a period of thirty (30) days from it has the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform necessary rights to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under enter into this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees warrants that it will not take any action inconsistent with GlobalEnglish’s ownership rights in the Services. GlobalEnglish and its suppliers are not responsible for compatibility problems of any computer hardware or operating system with which the Services will be accessed and utilized. Customer shall be responsible for ensuring that its systems and equipment meet GlobalEnglish’s minimum technical requirements. A list of GlobalEnglish’s standard minimum requirements is available upon request. GlobalEnglish further warrants that to pay TIBCO for any Maintenance or Services provided by TIBCO related the best of its knowledge, at the time of delivery to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributorGlobalEnglish, the terms of any warranty shall be as provided by such reseller Downloaded Services (in the form delivered from GlobalEnglish to Customer) contains no authorization codes, computer viruses, spyware, time bombs, worms, or distributorother contaminants intended to modify, and TIBCO provides Customer no warranty with respect to such Softwaremonitor, damage, or disable Customer’s computer systems. (B) DISCLAIMERS. EXCEPT AS SPECIFIED EXPRESSLY SET FORTH IN THIS LIMITED WARRANTYSECTION 6, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "“AS IS"” WITHOUT WARRANTIES OF ANY KIND. GLOBALENGLISH, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WARRANTIES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTSATISFACTORY RESULTS, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICETITLE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERFurther, GlobalEnglish and its suppliers make no warranty about the suitability of the Services or content for any purpose and do not warrant that the Services, including Services specified in each Order, will meet Customer’s requirements. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained GlobalEnglish does not warrant that the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim operation of the Services or action brought against Customer access to the extent it GlobalEnglish website(s) will be uninterrupted or error- free. Customer acknowledges and agrees that Services in an Order may be subject to limitations, delays, and other problems inherent in the use of Internet applications and electronic communications. GlobalEnglish is based on a claim that the unmodified Software infringes not responsible for any patent issued by the United Statessuch delays, Canada, Australia, Japandelivery failures, or any member other damage resulting from events beyond GlobalEnglish’s reasonable control, without regard to whether such events are reasonably foreseeable by GlobalEnglish. Customer agrees that GlobalEnglish is not responsible for any third party content that may form part of the European UnionServices. GlobalEnglish does not monitor groups, chat rooms or any copyrightmessage boards as a matter of policy, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer but it retains the right to continue remove content. The Services may contain links to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification websites operated by other parties, which are provided for convenience only; Customer agrees that GlobalEnglish is not commercially reasonable (in responsible for the reasonable opinion availability or contents of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior such websites. Customer agrees that the Services purchased hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written notice to Customer, and refund to Customer the unamortized portion public comments made by GlobalEnglish regarding future functionality or features of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseServices.

Limited Warranty. If Customer obtained SCS warrants the Software directly from TIBCO, then TIBCO warrants that software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the software are limited to ninety (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Customer Remedies: SCS' entire liability and your exclusive remedy will be at the SCS' option either (a) return of the price paid or (b) repair or replacement of the software that is not covered under the terms of the limited warranty and is returned with a copy of the original sales receipt. The limited warranty is void if failure of the software has resulted from abuse or misapplication. Any replacement of the software shall be warranted for the remainder of the original warranty period or thirty (30) days from the Purchase Datedays, whichever is longer. NO OTHER WARRANTIES: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beSCS DISCLAIMS ALL OTHER WARRANTIES, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS, REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWITH RESPECT TO THE SOFTWARE, SATISFACTORY QUALITY OR ARISING FROM A COURSE THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SCS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DEALINGBUSINESS PROFITS, USAGEBUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCOOTHER PECUNIARY LOSS), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained Subject to the Software directly from TIBCOlimitations of Section 5, then TIBCO CAID warrants that it will perform the Services as described in the Agreement in a workmanlike manner. Parts purchased by CAID for resale to Customer will carry only the warranty extended by the original manufacturer. EXCEPT AS SPECIFIED ABOVE, PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 4 AND THE WARRANTY SET FORTH IN SECTION 6 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY CAID WITH RESPECT TO THE SERVICES AND PARTS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO CAID IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT THE PARTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY CAID FOR CUSTOMER’S OR ANY OTHER PERSON’S USE OR PURPOSE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, Customer’s or any other person’s negligence, unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of CAID. CAID is responsible for providing only those Services specified in a period Scope of Work and not for installing, inspecting, observing, advising or warning as to the Products, or as to any other products or conditions located on Customer’s property or work site, at the time of performing the Services or otherwise. To the extent that Customer or its agents has supplied specifications, information, representation of operating conditions or other data to CAID that are used in the selection or design of the Services and/or Parts and the preparation of CAID’s quotation and/or Services Agreement, and in the event that actual operating conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein which are affected by such conditions are null and void. If within thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. after Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms ’s discovery of any warranty shall be as provided by such reseller defects within the warranty period or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred within ten (including reasonable attorneys' fees10) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, days after shipment for quantity discrepancies and Customer shall provide reasonable assistance (at TIBCO's expense) notifies CAID thereof in the defense thereof. In no event shall Customer settle any claimwriting, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCOCAID shall, at its sole option and expenseoption, shall (a) procure correct performance for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized that portion of the license fees paid Services found by CAID to TIBCO be defective or refund the purchase price for that portion of the Services found by CAID to be defective. Failure by Customer based on a five-year straight-line depreciationto give such written notice within the applicable time period is deemed an absolute and unconditional waiver of Customer’s claim for such defects or shortages. This Section states Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the entire liability use of TIBCO Services or Parts, either alone or in combination with respect to the infringement of any intellectual property rightsother products/components, and Customer hereby expressly waives shall indemnify, defend, and hold CAID harmless from any other liabilities such loss, damage or obligations of TIBCO with respect theretoinjury. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.Uncontrolled When Printed

Limited Warranty. If Customer obtained Except as otherwise stated in a separate agreement between Adobe and a Software licensee, Adobe warrants to the individual or entity that first purchases a license for the Software directly from TIBCO, then TIBCO warrants for use pursuant to the terms of this agreement that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will perform substantially conform to its Documentationin accordance with the corresponding user manual for the Software for the shorter period of (a) the ninety (90) day period or (b) License Term following receipt of the Software (“Warranty Period”) when used on the Compatible Computer. Non- substantial variation of performance from the user manual does not establish a warranty right. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software the following, which are made available AS-IS and without warranty from Adobe: (ai) is licensed for betapatches; (ii) font software; (iii) Pre-release Software, trial, starter, evaluation, testing or demonstration purposes product sampler, Evaluation Software, and not-for- resale copies of the Software; (iv) websites, Adobe Online Services; and Third Party Online Services; (v) Certified Document Services (see Section 16); and (vi) any software made available by Adobe for which TIBCO does not receive a license feefree via web download from an Adobe website. All warranty claims must be made, (b) has been altered or modifiedalong with proof of purchase, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) the Adobe Customer Support Department within such Warranty Period. Additional information on warranty claims is used in violation available at xxxx://xxx.xxxxx.xxx/go/support. The entire liability of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO Adobe and its affiliates related to a breach such warranty claim and Customer’s sole and exclusive remedy under any warranty will be limited to either, at Adobe’s option, support of the foregoing Software based on a timethe warranty claim, materialsreplacement of the Software, travelor, lodging and other reasonable expenses basis. If if support or replacement is not practicable at Adobe’s determination, refund of the license fee Customer obtained paid for the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software(if any). EXCEPT AS SPECIFIED THE LIMITED WARRANTY SET FORTH IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO SECTION GIVES CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS"SPECIFIC LEGAL RIGHTS. CUSTOMER MAY CHOOSE HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY TIBCOLAW. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Please see Section 16 for jurisdiction-specific provisions or contact the Adobe Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSupport Department.

Limited Warranty. If Customer obtained you follow the Software directly from TIBCOinstructions, then TIBCO warrants the software will perform substantially as described in the CTM materials that you receive in or with the software. References to limited warranty are references to the express warranty provided by CTM. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law. Term Of Warranty; Warranty Recipient; Length Of Any Implied Warranties. The limited warranty covers the software for a period of thirty (30) days from one year after acquired by the Purchase Date: (i) the media on which the Software is furnished first user. If you receive supplements, updates, or replacement software during that year, they will be free covered for the remainder of defects in materials and workmanship under normal use; and (ii) the Software warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will substantially conform to its Documentation. This limited warranty extends only apply to the original Customer hereunderrecipient. Customer's sole and exclusive remedy and To the entire liability of TIBCO and its licensors under this limited warranty will beextent permitted by law, at TIBCO's optionany implied warranties, repair, replacement, guarantees or refund conditions last only during the term of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereoflimited warranty. Exclusions From Warranty This warranty does not apply cover problems caused by your acts (or failures to any Software which (a) is licensed for betaact), evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repairedthe acts of others, or maintained in accordance events beyond CTM reasonable control. Remedy For Breach Of Warranty CTM will repair or replace the software at no charge. If CTM cannot repair or replace it, CTM will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If CTM cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to CTM with instructions supplied by TIBCO, (d) has been subjected proof of purchase to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreementobtain a refund. Customer agrees to pay TIBCO These are your only remedies for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on limited warranty. Consumer Rights Not Affected You may have additional consumer rights under your local laws, which this agreement cannot change. No Other Warranties The limited warranty is the only direct warranty from CTM. CTM gives no other express warranties, guarantees or conditions. Where allowed by your local laws, CTM excludes implied warranties of merchantability, fitness for a time, materials, travel, lodging particular purpose and other reasonable expenses basisnon-infringement. If Customer obtained your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Software from a TIBCO reseller or distributorRemedy for Breach of Warranty clause above, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based permitted by your local laws. Limitation On And Exclusion Of Damages For Breach Of Warranty The Limitation on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, and Exclusion of Damages clause above applies to breaches of this limited warranty. We welcome your comments or any member questions about this Terms of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred Use (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (ToU). You may also contact us at TIBCO's expense) in the defense thereofour address: CTM Computer Technik Marketing GmbH Xxxxxxxxxx. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.0

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants to Buyer that for a period of thirty (30) days 3 years from the Purchase Datedate of delivery of the Goods (“Warranty Period”), that such Goods will be free from defects in material. Seller warrants to Buyer that for a period of 1 year from the date of delivery of the Goods (“Warranty Period”), that such Goods will be free from defects in workmanship. Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED OR OTHERWISE. Seller may provide recommendations based on benchmark data provided by Buyer or the industry at large. Such recommendations are not meant to substitute load calculations or other engineering analysis that might be required. In addition, Buyer is responsible for confirming structural, electrical and plumbing requirements to support any equipment recommendations unless specified in the Proposal. The Seller shall not be liable for a breach of the warranty set forth in this Section 7 if: (i) the media on which defect arises because Buyer failed to follow Seller's oral or written instructions as to the Software is furnished will be free storage, installation, commissioning, use or maintenance of defects in materials and workmanship under normal usethe Goods; and or (ii) Buyer alters or repairs such Goods without the Software will substantially conform prior written consent of Seller. Buyer shall permit Seller to its Documentationinspect any claim of breach of warranty. This limited warranty extends only to In the original Customer hereunder. Customer's sole and exclusive remedy and event that Buyer determines any deficiency is the entire liability result of TIBCO and its licensors under this limited warranty will beany circumstance, at TIBCO's option, repair, replacement, cause or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty that does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to constitute a breach of warranty by Seller, Buyer shall compensate Seller for the foregoing on cost of all inspection efforts, including an hourly reimbursement of labor and travel expenses, with a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms minimum charge of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalleast $1,750. In the event of any such claimbreach of warranty, litigation or threat thereofSeller shall, TIBCO, at in its sole option and expensediscretion, shall either: (ai) procure for Customer repair or replace such Goods (or the right to continue to use defective part) or, if applicable, repair or re-perform the Software applicable Services or (bii) replace credit or modify refund the Software with functionally equivalent softwareprice of such Goods or Services at the pro rata contract rate. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTHE REMEDIES SET FORTH IN HEREIN ARE THE BUYER'S SOLE AND EXCLUSIVE REMEDIES AND CONSTITUTE SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 7.

Limited Warranty. If (a) ISI warrants, to Customer obtained only, that TS shall be free from programming errors materially detrimental to the Software directly from TIBCO, then TIBCO warrants that operation of IS in substantial conformity with the Program Instructions for a period of thirty (30) days 1 year from the Purchase Installation Date. ISI’s obligations under this limited warranty are limited solely to using its commercially reasonable efforts to correct TS or, at ISI’s option, issue new TS free of programming errors determined by ISI to be materially detrimental to the operation of TS, at no cost to Customer. (b) ISI warrants, to Customer only, that RTSS shall be free from defects or damage for a period of 30 days after Customer’s receipt of the relevant rate table. ISI’s obligations under this limited warranty are limited solely to replacing the defective or damaged rate table at no cost to Customer. (c) ISI shall have no obligations under this limited warranty in the event that: (i) the media on which Programs have been subject to abuse, improper installation or application, alteration, accident, or negligence in use, storage, transportation, or handling, and such actions or occurrences are not the Software is furnished will be free fault of defects in materials and workmanship under normal useISI; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bePrograms are used in combination or connection with other equipment, at TIBCO's optionattachments, peripherals, supplies, or software not approved in writing by ISI; or (iii) installation, repair, replacementadjustment, maintenance or refund of other work on the Software and applicable Maintenance feesPrograms is performed by Customer or any third party, unless the same shall have been expressly authorized in which event this End User License Agreement shall terminate upon refund thereofwriting by ISI. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except Warranty work performed by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty ISI pursuant hereto shall be performed on regular business days and during ISI’s regular business hours as provided by such reseller or distributorpromptly as reasonably possible following Customer’s request. All requests for warranty fulfillment relating to the Programs must be made during the relevant warranty period stated herein. THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYEXPRESS, THE SOFTWAREIMPLIED, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"OR STATUTORY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a fivePURPOSE AND NON-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseINFRINGEMENT.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Provider warrants that it has the power and authority to grant the subscription for a period the Services granted to Client hereunder. EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of thirty (30) days from the Purchase DateRemedy and Liability Client represents that it accepts sole and complete responsibility for: (ia) the media on which selection of the Software is furnished will be free Services to achieve Client's intended results; (b) use of defects in materials and workmanship under normal usethe Services; (c) the results obtained from Services; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or errorfree. Client shall be as provided by such reseller not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or distributormisrepresentation, and TIBCO provides Customer no warranty with respect Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services, an Authorized User’s use of the Services, and/or any agreement between the Client and an Authorize User based on or in any way related to such Softwarethe Services. EXCEPT AS SPECIFIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THIS LIMITED WARRANTYNO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, THE SOFTWAREINCIDENTAL, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"INDIRECT, ALL EXPRESS CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION DAMAGES FOR LOSS OF MERCHANTABILITYBUSINESS PROFITS, FITNESS FOR A PARTICULAR PURPOSEBUSINESS INTERRUPTION, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE LOSS OF DEALING, USAGEBUSINESS INFORMATION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT USE OF OR INABILITY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCOTHE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREIn any event, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSunder no circumstances shall Provider be liable for any loss, PROBLEMS OR INTERRUPTIONScosts, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japanexpenses, or any member of damages to Client in an amount exceeding the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees Subscription Fee actually paid to TIBCO Provider by Customer based on a five-year straight-line depreciation. This Section states Client for the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseprevious twelve (12) months.

Limited Warranty. If Customer obtained You are permitted to use the Software directly from TIBCO, then TIBCO warrants that software for a the period of thirty (30) days from time indicated during the Purchase Date: (i) the media on which start-up process, without registering it. You expressly acknowledge and agree that use of the Software is furnished will be free at your sole risk. Saberis does not warrant or make any representations regarding the use or the results of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund use of the Software and applicable Maintenance feesor related documentation in terms of their correctness, in which event this End User License Agreement accuracy, reliability or otherwise. No oral or written information or advice given by Saberis or any Saberis representative shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive create a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repairedwarranty, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term way increase the scope of this End User License Agreementwarranty. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE SOFTWARE AND SERVICES RELATED MATERIAL ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, " WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITYANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE Saberis DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, MEET YOUR REQUIREMENTS OR THAT ERRORS OR BUGS IN THE SOFTWARE ITS OPERATION WILL BE CORRECTEDERROR FREE. IN NO EVENT SHALL Saberis BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR THAT CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE SOFTWARE'S FUNCTIONALITYPOSSIBILITY THEREOF. THIS LIMITATION AND EXCLUSION APPLIES IRRESPECTIVE OF THE CAUSE OF ACTION, MAINTENANCE INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained Saberis is not responsible for problems which may occur as a result of any incompatibility between the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, and any claim other software or action brought against Customer to hardware. You assume responsibility for the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member selection of the European UnionSoftware to achieve your intended purposes, or any copyright, or any trade secret for making backups of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlementyour data regularly, and Customer shall provide reasonable assistance (at TIBCO's expense) in for choosing, maintaining and matching your hardware, operating system software and other applications software. We cannot guarantee you uninterrupted service or the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event correction of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseerrors.

Limited Warranty. If EPL IT warrants to Customer obtained the Software directly from TIBCO, then TIBCO warrants that only that: (i) for a period of thirty (30) days from the Purchase Date: (i) date of completion of its performance of a particular task under the media on which Services, the Software is furnished particular task will be free performed in a good and workmanlike manner consistent with standard industry practices employed by persons knowledgeable in the field of defects computers and within the limits of the technology embodied in materials and workmanship under normal usethe Standard Store Configuration; and (ii) for a period of thirty (30) days from the Software date of delivery of a particular Report, that Report will substantially be free from material defects in workmanship and materials, and will conform in all material respects to the applicable descriptions or specifications provided by EPL IT to Customer In the event of a breach by EPL IT of the foregoing warranty of which Customer notifies EPL IT in writing during the warranty period, EPL IT’s sole obligation and Customer’s exclusive remedy shall be for EPL IT to use commercially reasonable efforts to re-perform the task or to correct the portion of the Report that does not conform to its Documentationsuch warranty. In the event EPL IT is unable to re-perform such task or to make such corrections, as applicable, the sole remedy of Customer and EPL IT’ sole obligation shall be to recover the compensation actually paid to EPL IT for the Service or the Report giving rise to such warranty failure. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to any Services or Reports shall be voided in the event Customer: (i) makes additions to, alters, modifies, enhances, changes, repairs or disassembles or reverse engineers the Standard Store Configuration, or fails to maintain the Standard Store Configuration (or any component thereof or any equipment or facilities upon which such Softwarecomponent depends) in good working order or the environmental conditions within the operating range specified by the manufacturer of the components in the Standard Software Configuration or EPL IT; (ii) uses the Standard Store Configuration or any Report in a manner for which it was not designed, or in an incompatible operating environment; or (iii) mishandles, abuses, misuses or damages the Standard Store Configuration. EXCEPT AS SPECIFIED THE LIMITED WARRANTY STATED IN THIS SECTION AND THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTYWARRANTY ARE EXCLUSIVE. THEY ARE GIVEN TO CUSTOMER IN LIEU OF ALL OTHER WARRANTIES, THE SOFTWAREWRITTEN OR ORAL, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"STATUTORY, ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF PERFORMANCE OR DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseWHICH EPL IT SPECIFICALLY DISCLAIMS.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO SPS warrants that for a period of thirty sixty (3060) calendar days from the Purchase Date: (i) date of delivery to Buyer, the media on which the Software is furnished goods will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only their description as stated in the invoice, subject to tolerances and variations consistent with the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beusual trade practices regarding dimensions, at TIBCO's optionstraightness, repairsection, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributorcomposition, and TIBCO provides Customer no warranty mechanical properties and normal variations in surface and internal conditions and quality, .and shall also be subject to deviations from tolerances and variations consistent with respect to such Softwarepractical testing and inspection methods. EXCEPT AS SPECIFIED IN THIS LIMITED SPS MAKES NO OTHER WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSBY OPERATION OF LAW OR OTHERWISE, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, USAGE OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY EXCLUDED TO EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. FOREGOING, SPS MAKES NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR KIND THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES GOODS WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT BUYER’S OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained OTHER PERSON’S REQUIREMENTS SPS's sole obligation under the Software from TIBCO directly, then TIBCO agrees at its own expense foregoing warranty will be limited to defend oreither, at its SPS's option, replacing or repairing the defective goods or refunding the purchase price paid for such goods previously paid by Buyer, and Buyer's exclusive remedy for breach of any of such warranty will be enforcement of such obligation of SPS. The limited warranty will not extend to settlegoods subjected to misuse, abuse, neglect, damage, accident, or improper installation or maintenance or which have been altered or replaced by anyone other than SPS or its authorized representative. SPS shall not be liable on any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United Statesfor defective goods, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable made within sixty (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty 60) calendar days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could after such goods have been avoided received by use of the then-current releaseBuyer.

Limited Warranty. If Customer obtained Subject to Section 20 (Limitations of Liability) below and the Software directly from TIBCOother provisions of this Section 8, then TIBCO Seller warrants that the ECS sold by Seller shall be free from defects in material and workmanship under normal use and service for a period of thirty [**] (30[**]) days months from the Purchase Date: date the ECS are put into service (i) the media on which the Software is furnished but in case of PM 3000, it will be free [**] ([**]) months) or [**] ([**]) months from the date of defects delivery, whichever occurs first, on the condition that payment as provided in materials Section 3 is made and workmanship under normal use; received in full and (ii) the Software will substantially conform to its Documentationwithout delay. This limited warranty extends only to the original Customer hereunder. Customer's Seller’s sole obligation and Buyer’s exclusive remedy and under this warranty shall be for Seller, at its sole choice, to repair or replace any parts or, as the case may be, the entire liability ECS proven to be defective within the stated warranty period. Repair or replacement of TIBCO and its licensors parts under this limited warranty will beshall be done on DDP AMSC India basis. If any ECS for which Buyer has requested warranty service is not eligible for warranty service due to any reason, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at TIBCO's option, repair, replacement, Seller’s then prevailing time and materials rates. The warranty for any repaired or refund replaced parts shall be the balance of the Software and otherwise applicable Maintenance fees, in which event this End User License Agreement warranty period. The above warranty shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing ECS or demonstration purposes for which TIBCO does not receive a license fee, (b) has ECS-related equipment that have been repaired or altered or modified, except other than by TIBCO, (c) has not been installed, operated, repairedSeller, or maintained other than in accordance with operating manuals or instructions supplied issued to the Buyer by TIBCO, (d) has the Seller’s helpdesk in writing; which have been subjected subject to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Softwarewhich operating manual instructions/recommendations issued to the Buyer by the Seller’s helpdesk in writing have not been followed; or for which recommended preventative maintenance has not been performed. EXCEPT AS SPECIFIED The above warranty also shall not apply to defects caused by normal wear or any equipment that is experimental, developmental or supplied for evaluation purposes. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN THIS LIMITED WARRANTYLIEU OF ALL OTHER WARRANTIES BY SELLER, THE SOFTWAREEXPRESSED OR IMPLIED, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"ORAL OR WRITTEN, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO . NOTHING IN THIS PARAGRAPH SHALL AFFECT THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS INDEMNITY IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSECTION 6.

Limited Warranty. If Customer obtained To the Software directly from TIBCOextent permitted by applicable law, then TIBCO warrants that for a period the Service and any software or other deliverables provided by Your Service Provider, or its agents, authorized contractors and/or suppliers hereunder, are provided "as is" and "as available" without warranties or conditions of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationany kind. This A limited warranty extends only may apply to the original Customer hereunder. Customer's sole Bell Modem and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained power supply in accordance with instructions supplied by TIBCOthe Equipment Terms of Sale, (d) has been subjected to abnormal physical or electrical stressa copy of which is available at xxx.xxxx.xx/xxxxxxxxxx. You are responsible for the use and compatibility of the Service and the Bell Modem Kit with any equipment, misusesoftware, negligence, or accident, or (e) is used in violation of any services and/or other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services materials not provided by TIBCO related Your Service Provider (collectively, the “Third Party Equipment and Services”). Your Service Provider disclaims all responsibility for determining compatibility between the Service, the Bell Modem Kit and any Third Party Equipment and Services. The entire risk as to a breach the availability and performance of the foregoing on a time, materials, travel, lodging Service and other reasonable expenses basis. If Customer obtained any deliverable under the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty Service Agreement is with respect to such Softwareyou. EXCEPT AS SPECIFIED MAY BE EXPRESSLY SET OUT IN THIS LIMITED WARRANTYTHE EQUIPMENT TERMS OF SALE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY SOFTWARE, MAINTENANCE AND SERVICES OR OTHER DELIVERABLES PROVIDED BY YOUR SERVICE PROVIDER, ITS AFFILIATES, AGENTS, AUTHORIZED CONTRACTORS AND/OR SUPPLIERS HEREUNDER ARE PROVIDED "“AS IS"” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND AND NO WARRANTIES OR CONDITIONS ARE MADE WITH RESPECT TO PERFORMANCE, ALL AVAILABILITY, UNINTERRUPTED OR ERROR FREE USE OR OPERATION. EXCEPT AS MAY BE EXPRESSLY SET OUT IN THE EQUIPMENT TERMS OF SALE, YOUR SERVICE PROVIDER AND ITS AFFILIATES, AGENTS, AUTHORIZED CONTRACTORS AND/OR SUPPLIERS MAKE NO EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDINGOR CONDITIONS OF ANY KIND WHATSOEVER, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, ANY OR IMPLIED WARRANTY WARRANTIES OR CONDITION CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEPURPOSE WITH REGARD TO THE SERVICE, OR TRADE PRACTICEANY SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED OR RECOMMENDED HEREUNDER, ARE HEREBY EXCLUDED OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED AND EXPRESSLY DISCLAIMED. CERTAIN NEITHER YOUR SERVICE PROVIDER NOR ITS AFFILIATES, AGENTS, AUTHORIZED CONTRACTORS AND/OR SUPPLIERS WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME, THAT SUCH DATA OR FILES WILL NOT BE INTERCEPTED, THAT OTHER PERSONS WILL NOT GAIN ACCESS TO YOUR ACCOUNT, THE SERVICE, THE EQUIPMENT, OR ANY THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONSEQUIPMENT AND SERVICES, OR THAT ERRORS ANY CONTENT OR BUGS IN OTHER MATERIAL ACCESSIBLE THROUGH THE SOFTWARE WILL BE CORRECTEDSERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT WILL NOT BE SUBJECT TO “CACHING” AT INTERMEDIATE LOCATIONS ON THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseINTERNET WHEN BEING ACCESSED THROUGH THE SERVICE.

Limited Warranty. If Customer obtained The Company’s hardware Products are covered by a limited liability warranty from defects in material and workmanship for the Software directly from TIBCO, then TIBCO warrants that for a one-year period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free date of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only delivery to the original Customer hereundercarrier at The Company’s point of shipment. Customer's The Company’s software is covered by a 90-day limited warranty. The Company does not warrant that the Products will meet Purchaser’s or its customers’ requirements or specifications, which shall be Purchaser’s sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereofresponsibility. This warranty does not apply if The Product fails due to any Software which (a) is licensed for betadamage from shipment, evaluationhandling, testing storage, accident, abuse or demonstration purposes for which TIBCO does not receive a license feemisuse, (b) or if it has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, used or maintained in accordance with instructions supplied by TIBCOa manner not conforming to product's instructions, (d) has been subjected to abnormal physical or electrical stress, misuse, negligencemodified in any way, or accident, has a defaced or (e) is used removed serial number. Repair by anyone other than The Company or an authorized agent approved by The Company in violation writing voids this warranty. The maximum liability of any other term of this End User License Agreement. Customer agrees to pay TIBCO The Company for any Maintenance or Services provided by TIBCO related to defect in a breach of Product is the foregoing on a time, materials, travel, lodging Product purchase price. The Company’s sole obligations and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any Purchaser’s sole remedies under this warranty shall be as provided by such reseller or distributorset forth in Section 6 below. THE EXPRESS WARRANTY STATED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Warranty. With respect to any Product containing a defect reported to Purchaser within The Company’s one-year limited warranty period, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCOThe Company shall, at its sole option and expense, replace such Product and shall (a) procure for Customer return the right replaced Product to continue to use the Software or (b) replace or modify the Software with functionally equivalent softwarePurchaser, freight prepaid. If such settlement The Company determines in its absolute and sole discretion that a Product cannot be repaired or modification replaced, The Company may refund the purchase price for the Product. Prior to returning Products to The Company for warranty replacement, Purchaser must obtain a Return Material Authorization (RMA) Number from The Company, which must be referenced on all shipping documentation and packages. The Products shall be shipped to The Company by Purchaser in original packaging or equivalent. Acceptance for warranty replacement is not commercially reasonable (in subject to final inspection and acceptance by The Company. Any request for defective item refunds shall be accompanied by an offsetting order from Purchaser, priced at no less than the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion price of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states returned goods which The Company may accept if it approves the entire liability of TIBCO with respect to the infringement of any intellectual property rights, request for refund in its absolute and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releasesole discretion.

Limited Warranty. If Momentum warrants to Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeit has the right to enter into this Agreement, (b) has been altered the use of the Service will not infringe on any intellectual property or modifiedother rights of a third party, except by TIBCO, and (c) has not been installedthe Service shall be performed in a professional and workmanlike manner, operated, repaired, or maintained and in accordance with instructions supplied by TIBCOthe requirements, (d) has been subjected to abnormal physical or electrical stressif any, misuse, negligence, or accident, or (e) is used specified herein and in violation any Service Order. In the event of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided breach by TIBCO related to a breach Momentum of the foregoing on limited warranty, we shall immediately undertake to correct the deficiency using commercially reasonable efforts. If we are unable to correct the deficiency within a commercially reasonable time, materials, travel, lodging then either party may terminate Service at the Location(s) affected by such deficiency without cost or penalty. The foregoing are your sole and other reasonable expenses basisexclusive remedies for breach of this warranty. If Customer obtained the Software from a TIBCO reseller or distributor, The warranty set forth above is made to and for your benefit and will be enforceable against us only if you have acted in compliance with the terms of the Agreement. You agree to reasonably cooperate with our efforts to identify and correct any warranty shall be as provided by such reseller or distributorapparent non-conformance with the foregoing warranty. OTHER THAN THE FOREGOING LIMITED WARRANTY AND AS OTHERWISE EXPRESSLY SET FORTH IN THE AGREEMENT (INCLUDING ANY INCORPORATED SERVICE LEVEL AGREEMENT(S)) AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWE MAKE NO WARRANTIES, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, DEALING OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO COURSE OF PERFORMANCE OR ANY WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALERWITHOUT LIMITING THE FOREGOING, DISTRIBUTORWE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, AGENT DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR EMPLOYEE IS AUTHORIZED TO MAKE LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY MOMENTUM OR MOMENTUM'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseKIND.

Limited Warranty. If Customer obtained During the Evaluation Period the Software directly from TIBCOis provided and You accept the Software “AS-IS” and “WITH ALL FAULTS.” Upon commencement of the production use license, then TIBCO DataCore warrants that for a period of ninety (90) days that the Software will substantially conform under normal use to DataCore's specifications contained in the user guides and operating manuals provided by DataCore with the Software. DataCore will, at its sole discretion, either promptly replace any Software that fails to comply with this warranty at its cost or refund the amount paid for the Software. Any claims submitted under this section must be submitted in writing to DataCore within the specified warranty period. This limited warranty is void if failure of the Software results from accident, abuse, misapplication, abnormal use or a virus. Any replacement for the Software, and any bug fix, maintenance release or update to the Software, will be warranted under this limited warranty for the remainder of the original warranty period applicable to the Software or thirty (30) days from the Purchase Date: (i) the media on which the Software its delivery, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationlonger. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beTHIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY, at TIBCO's optionAND DATACORE’S AND ITS SUPPLIERS’ SOLE AND EXCLUSIVE LIABILITY, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, CONNECTION WITH THE SOFTWARE, MAINTENANCE INCLUDING FOR ANY BREACH OF THE WARRANTY RELATING TO THE SOFTWARE. THIS LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING WARRANTY IS EXCLUSIVE AND SERVICES ARE PROVIDED "AS IS"IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, ALL WHETHER EXPRESS OR IMPLIED IMPLIED, AND DATACORE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED AND AGAINST HIDDEN DEFECTS TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATACORE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE DATACORE DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, MEET YOUR REQUIREMENTS OR THAT ERRORS OR BUGS IN USE OF THE SOFTWARE WILL BE CORRECTEDUNINTERRUPTED, ERROR FREE, OR THAT FREE OF VARIATIONS FROM THE DOCUMENTATION. DATACORE IS NOT RESPONSIBLE FOR ANY INTERFERENCE WITH OR INABILITY TO USE THE SOFTWARE RESULTING FROM ADDITIONAL SOFTWARE OR SERVICES PROVIDED BY THE CLOUD INFRASTRUCTURE SUPPLIER, IF ANY, THROUGH WHICH YOU ACCESS THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Lenovo warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Program, when used in its specified operating environment, will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationspecifications. This limited The Program's specifications, and specified operating environment information, can be found in documentation accompanying the Program (such as a read-me file) or other information published by Lenovo (such as an announcement letter). Licensee agrees that such documentation and other Program content may be supplied only in the English language, unless otherwise required by local law without the possibility of contractual waiver or limitation. The warranty extends applies only to the original Customer hereunderunmodified portion of the Program. Customer's sole Lenovo does not warrant uninterrupted or error-free operation of the Program, or that Lenovo will correct all Program defects. Licensee is responsible for the results obtained from the use of the Program. During the Warranty Period, Lenovo provides Licensee with access to Lenovo databases containing information on known Program defects, defect corrections, restrictions, and exclusive remedy bypasses at no additional charge. Consult the Software Support Handbook for further information at xxxx://xxx.xxxxxxx.xxxxxx.xxx. If the Program does not function as warranted during the Warranty Period and the entire liability of TIBCO problem cannot be resolved with information available in the Lenovo databases, Licensee may return the Program and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, XxX to the party (either Lenovo or its reseller) from whom Licensee obtained it and receive a refund of the Software and applicable Maintenance feesamount Licensee paid. After returning the Program, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a Licensee’s license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisterminates. If Customer Licensee downloaded the Program, Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the Software from a TIBCO reseller or distributorrefund. Exclusions THESE WARRANTIES ARE LICENSEE’S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OR CONDITION CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE, SATISFACTORY QUALITY AND ANY WARRANTY OR ARISING FROM A COURSE CONDITION OF DEALINGNON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, USAGESO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, OR TRADE PRACTICE, SUCH WARRANTIES ARE HEREBY EXCLUDED LIMITED IN DURATION TO THE EXTENT ALLOWED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE WARRANTIES IN THIS SECTION 8 (WARRANTY AND EXCLUSIONS) ARE PROVIDED SOLELY BY APPLICABLE LAWLENOVO. CERTAIN THE DISCLAIMERS IN THIS SUBSECTION 8.2 (EXCLUSIONS), HOWEVER, ALSO APPLY TO LENOVO’S SUPPLIERS OF THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERCODE. THOSE SUPPLIERS PROVIDE SUCH CODE WITHOUT WARRANTIES OR CONDITION OF ANY KIND. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE PARAGRAPH DOES NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO NULLIFY LENOVO’S WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO OBLIGATIONS UNDER THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseAGREEMENT.

Limited Warranty. If Customer obtained Elastic warrants to OEM Reseller that the Hardware and Software directly purchased from TIBCOElastic will, then TIBCO warrants that for a period of thirty [one (301) days year] after the Shipment Date of the Hardware and Software to OEM Reseller (the "WARRANTY PERIOD"), (1) be free from material defects and (2) conform in all material respects to Elastic's published Product specifications in effect on the Purchase Date: (i) date the media on which the Hardware and Software is furnished will shipped to OEM Reseller. The sole obligation of Elastic under this warranty shall be free to repair or replace (at the option of defects Elastic) any Hardware and Software which contains a defect in materials material or workmanship or which fails to conform in all material respects to such Product specifications. Elastic shall have the right to confirm the existence of a defect or nonconformity by testing the Hardware and workmanship under normal use; and (ii) the Software will substantially conform to its DocumentationSoftware. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to items normally consumed in operation, such as lamps and fuses or to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) defect that has been altered caused by OEM Reseller or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stressCustomers and arises from mishandling, misuse, negligenceneglect, or accident, improper testing or (e) is used in violation of any other term of this End User License Agreementrepair. Customer OEM Reseller agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basiscomply with Elastic's then effective return merchandise authorization procedures ("RMA PROCEDURES"). If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT OTHER THAN AS SPECIFIED EXPRESSLY SET FORTH IN THIS LIMITED WARRANTYSECTION 9.1, ELASTIC MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWAREPRODUCTS TO CUSTOMER OR TO OEM RESELLER. THE WARRANTY IN THIS SECTION 9.1 IS MADE EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"IMPLIED, ALL EXPRESS OR IMPLIED CONDITIONSSTATUTORY WARRANTIES, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseEXPRESSLY DISCLAIMED.

Limited Warranty. BLUSTREAM represents and warrants that the Service will substantially conform to the Documentation during the Warranty Period, which shall mean the Initial Term and any Renewal Term. If Customer obtained notifies BLUSTREAM in writing of a nonconformity of the Software directly from TIBCOService during the Warranty Period, then TIBCO warrants BLUSTREAM will, at its option and expense, (a) correct any nonconformities in the Service that for cause the Service to fail to conform to the Documentation, or (b) provide to Customer a period pro rata refund of thirty (30) days from any prepaid but unutilized Subscription Fees applicable to the Purchase Date: remainder of the Subscription Term. The limited warranty set forth in this Section shall be void if the Service nonconformity is caused by (i) the media on which use or operation of the Software is furnished will be free of defects Service with an application or in materials and workmanship under normal use; and an environment other than that recommended in writing by BLUSTREAM, (ii) modifications to or customizations of the Software will substantially conform to its Documentation. This limited warranty extends only Service without the express written authorization of BLUSTREAM , (iii) accident, disaster or event of force majeure, (iv) misuse, fault or negligence of or by Customer, (v) use of the Service in a manner for which it was not designed, (vi) causes external to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this Service such as, but not limited warranty will beto, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical power failure or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreementpower surges. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareTHE WARRANTY AND REMEDIES SET FORTH IN THIS SECTION 8 REPRESENT BLUSTREAM’S SOLE WARRANTY AND CUSTOMER’S SOLE REMEDY IN THE EVENT OF BREACH OF WARRANTY. EXCEPT AS SPECIFIED EXPRESSLY SET FORTH IN THIS LIMITED WARRANTYSECTION, THE SOFTWAREBLUSTREAM MAKES NO AND DISCLAIMS ALLWARRANTIES, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS"EXPRESS, ALL EXPRESS IMPLIED, STATUTORY, OR IMPLIED CONDITIONSOTHERWISE, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Best Case only warrants that for a period of thirty (30) days from the Purchase Date: (i) the any physical media on which the Software is furnished will be recorded and any physical Documentation delivered to Licensee are free of from defects in materials and workmanship under normal use; use for a period of ninety (90) days from the date of license. No other warranties apply or are given. Best Case’s entire liability, and licensee’s sole and exclusive remedy, as to any defective media or Documentation, shall be, at Best Case’s option, either: (i) return of the fees paid for it, or (ii) replacement of such defective media or Documentation. If failure of the media or Documentation resulted from accident, abuse, or misapplication, Best Case shall have no responsibility to replace it or refund fees. To avail itself of the foregoing warranty, Licensee must notify Best Case within the warranty period and promptly return the defective originals to Best Case. EXCEPT AS PROVIDED IN THIS SECTION, THE SOFTWARE AND MODULES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Best Case does not warrant, guarantee, or make any representations regarding the use of or the results of using the Software will substantially conform to its Documentationin terms of correctness, accuracy, reliability, or otherwise. This limited warranty extends only The entire risk as to the original Customer hereunder. Customer's sole results and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund performance of the Software and applicable Maintenance feesis assumed by Licensee. BEST CASE ASSUMES NO RESPONSIBILITY FOR AND HEREBY DISCLAIMS ALL WARRANTIES, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for betaORAL OR WRITTEN, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, INCLUDING WITHOUT LIMITATION, ANY THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensee assumes full and sole responsibility for the selection of the Software to achieve Licensee’s intended purposes, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO for the proper installation and use of the Software and for verifying the results and output obtained from the use of the Software. BEST CASE DOES NOT WARRANT THAT THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSIS ERROR-FREE. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained Licensee acknowledges that Best Case is not engaged in rendering legal or other professional advice and that the Software is not a substitute for the advice of an attorney or professional judgment. Best Case advises that all output from TIBCO directlythe Software should be prepared or reviewed by an attorney knowledgeable in the requirements of applicable law. Licensee shall indemnify, then TIBCO agrees at defend, and hold harmless Best Case and its own expense to defend orofficers, at its optiondirectors, to settleemployees, licensees, agents and affiliates, from and against any claim or action brought against Customer Best Case by any third party, including but not limited to Licensee’s clients, arising out of Licensee’s use of the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, JapanSoftware, or any member of the European Unionservices provided by Licensee, or any copyrightand Licensee shall pay all costs, or any trade secret of a third party; damages and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable ’ fees relating to such claim or action and which are assessed against Customer in a final judgmentaction. THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. LICENSEE ACKNOWLEDGES AND AGREES THAT BEST CASE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.OR

Limited Warranty. If Customer obtained FCI represents and warrants as follows: the Software directly from TIBCOproducts to be furnished by FCI under this agreement shall have been and will be produced at all times in compliance with applicable laws, then TIBCO warrants rules and regulations, and shall be made available free and clear of any security interest, lien or encumbrance in favor of any third party. The products to be furnished by FCI under this agreement shall be subject to a limited warranty that for a period the products shall comply with all the finished product specifications including the product quality requirements set forth therein including obtaining an outside laboratory Certificate of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will Analysis and completion of Customer’s sensory testing, and shall be free of contaminants and any defects in materials material and workmanship under normal use; and (ii) workmanship. If the Software Product does not meet these specifications, FCI’s sole liability will substantially conform be to its Documentationrework the product or substitute new product to meet the quality specifications. This limited warranty extends only to The foregoing is the original Customer hereunder. Customer's sole and exclusive remedy for Customer. FCI makes no other express warranty. FCI disclaims and the entire liability Customer waives any and all implied warranties including, without limitation, implied warranties of TIBCO and its licensors merchantability or fitness for a particular purpose. FCI shall under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance feesno circumstances be liable directly to Customer in contract, in which event tort or otherwise for direct or indirect, special, punitive, incidental or consequential damages, whether or not foreseeable. No employee or representative of FCI is authorized to modify this End User License Agreement shall terminate upon refund thereofwarranty. This warranty does not apply to any Software which (a) is licensed for betaTHE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL CONTRACT OR TORT LIABILITY AND ALL OTHER WARRANTIES OR RIGHTS OF REJECTION, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSBY LAW, REPRESENTATIONSEQUITY, AND WARRANTIES INCLUDINGCONTRACT, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALINGCUSTOM, USAGE, OR TRADE PRACTICECOURSE OF DEALING INCLUDING, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAWBUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CERTAIN THIRD PARTY SOFTWARE MAY FCI SHALL NOT BE PROVIDED LIABLE TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF OR ANY SOFTWAREOTHER PERSON FOR ANY SPECIAL, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSCONSEQUENTIAL, PROBLEMS OR INTERRUPTIONSINCIDENTAL, EXEMPLARY, PUNITIVE, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseCONTINGENT DAMAGES WHATSOEVER.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Securaze warrants that for a period of ninety (90) days from the date of delivery that each unmodified copy of the Software will perform in all material respects in accordance with the corresponding user manual or documentation. You agree that such user manual or documentation may be supplied only in the English language, unless the local law requirement says otherwise. Any updates provided by Securaze shall be covered by this limited warranty for the remainder of the warranty period or for thirty (30) days from the Purchase Date: (i) date of delivery, whichever is longer. For any breach of the media on which warranty, your exclusive remedy, and Securaze’s entire liability, shall be the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund correction of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a errors that cause breach of the foregoing on a timewarranty. THE WARRANTY ABOVE IS UNIQUE AND IS INSTEAD OF ALL OTHER WARRANTIES, materialsTERMS OR CONDITIONS, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL WHETHER EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY WARRANTIES, TERMS OR CONDITION CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "“AS IS". CUSTOMER MAY CHOOSE ” AND SECURAZE DOES NOT TO USE THIRD PARTY WARRANT OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWAREWILL BE FAIL SAFE, MAINTENANCE UNINTERRUPTED OR SERVICES FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSPROTECT AGAINST ALL POSSIBLE THREATS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. SECURAZE DOES NOT SEEK TO LIMIT CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED ’S WARRANTY RIGHTS TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseEXTENT NOT PERMITTED BY SUCH APPLICABLE LAW.

Limited Warranty. Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Customer obtained Seller breaches this warranty, Xxxxx’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. Warranty applies to Product only, no labor or damages will be considered. No warranty will apply if the Software directly from TIBCOProduct has been subject to misuse, then TIBCO static discharge, neglect, accident or modification, or has been soldered. Product supplied by XXXX is warranted as parts only and does not include removal, installation or transportation costs. XXXX warrants that labor supplied is free from defects in workmanship and materials for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation90 days. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will beHowever, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related used equipment, XXXX cannot take responsibility for and guarantee the equipment’s overall performance. Labor warranty is limited to a breach XXXX scope of the foregoing on a time, materials, travel, lodging and other reasonable expenses basiswork. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT SAVE AS SPECIFIED EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE THESE TERMS AND SERVICES ARE PROVIDED "AS IS"CONDITIONS, ALL EXPRESS IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR IMPLIED CONDITIONSOTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR CONDITION OF MERCHANTABILITY, THEIR SUITABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE NON-INFRINGEMENT OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseRIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limited Warranty. If Customer obtained you discover physical defects in the Software directly from TIBCOmedia, then TIBCO warrants that Acroprint will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Acroprint during the 90-day period after having taken delivery of the software. Acroprint excludes any and all implied warranties, including warranties of merchantability and fitness for a period of thirty (30) days from particular purpose and limits your remedy to return the Purchase Date: (i) software and documentation to Acroprint for replacement. Although Acroprint has tested the media on which software and reviewed the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will bedocumentation, at TIBCO's optionACROPRINT MAKES NO WARRANTY OF REPRESENTATION, repairEITHER EXPRESSED OR IMPLIED, replacementWITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, or refund of the Software and applicable Maintenance feesITS QUALITY, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for betaPERFORMANCE, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, THIS SOFTWARE AND DOCUMENTATION ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED LICENSED "AS IS"" AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. CUSTOMER MAY CHOOSE NOT IN NO EVENT WILL ACROPRINT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORSOR DOCUMENTATION, PROBLEMS even if advised of the possibility of such damages. In particular, Acroprint shall have no liability for any data stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR INTERRUPTIONSWRITTEN, EXPRESSED OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTEDIMPLIED. No Acroprint dealer, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japanagent, or employee is authorized to make any member modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Acroprint. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the European Unionagreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any copyright, purpose without the written permission of Acroprint. Some states do not allow the exclusion of implied warranties or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any liability for incidental or consequential damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable so the above limitation or exclusion may not apply to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationyou. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property warranty gives you specific legal rights, and Customer hereby expressly waives any you may also have other liabilities or obligations of TIBCO with respect theretorights which vary from state to state. The foregoing indemnity shall not apply I have read the License Agreement and by using the software agree to the extent any infringement could have been avoided by use comply will ALL aspects of the then-current release.License Agreement. LICENSE AGREEMENT 3

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO EMORY represents and warrants that for a period of thirty (30) days from the Purchase Dateto COMPANY that: (i) it has the media on which the Software is furnished will be free of defects in materials right and workmanship authority to enter into, execute, deliver and perform its obligations under normal use; and this Agreement, (ii) the Software will substantially conform to its Documentation. This limited warranty extends only except as and to the original Customer hereunder. Customer's sole extent limited by the U.S. Government License, and exclusive remedy to the best of its knowledge, it owns exclusively the Licensed Patents and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeLicensed Technology, (biii) has been altered or modifiedto the best of its knowledge, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term neither the execution of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to Agreement nor the performance of its obligations hereunder will constitute a breach of the foregoing on terms and provisions of any other agreement to which EMORY is a timeparty, materials(iv) except for the Licensed Patents licensed to COMPANY hereby, traveland as of the Effective Date of this Agreement, lodging EMORY neither owns or controls any patent or patent application whose claims would necessarily be infringed by the practice of the Licensed Patents or Licensed Technology, and other reasonable expenses basis. If Customer obtained the Software (v) EMORY (1) has not received any written notice from a TIBCO reseller Third Party alleging that the practice of the Licensed Patents or distributorLicensed Technology infringes any patent or other intellectual property right of such Third Party, the terms and (2) has no knowledge of any warranty shall infringement or, to the knowledge of Emory's Technology Transfer Office, possible infringement by a third party of the Licensed Patents as of the Effective Date of this Agreement. Except as otherwise provided in this Agreement, including, without limitation, this Section 9.1, EMORY does not warrant the validity of the Licensed Patents licensed hereunder and makes no representation whatsoever with regard to the scope of the Licensed Patents or that such Licensed Patents or Licensed Technology may be as provided exploited by such reseller COMPANY or distributor, and TIBCO provides Customer no warranty with respect to such Softwareits Affiliates or sublicensees without infringing other patents. EXCEPT AS SPECIFIED OTHERWISE PROVIDED IN THIS LIMITED WARRANTYAGREEMENT, EMORY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARELICENSED PATENTS, MAINTENANCE LICENSED TECHNOLOGY OR LICENSED PRODUCTS AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY OTHER IMPLIED WARRANTIES WITH RESPECT TO THE CAPABILITIES, NONINFRINGEMENTSAFETY, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGEUTILITY, OR TRADE PRACTICECOMMERCIAL APPLICATION OF THE LICENSED PATENTS, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE LICENSED TECHNOLOGY OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseLICENSED PRODUCTS.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO The Company warrants that the Application shall perform substantially in accordance with the accompanying materials for a period of thirty ninety (3090) days from the Purchase Date: (i) the media on which the Software is furnished will be free date of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basisreceipt. If Customer obtained the Software from a TIBCO reseller an implied warranty or distributorcondition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, the terms of any you also have an implied warranty shall be as provided by such reseller or distributorcondition, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT BUT ONLY AS SPECIFIED IN TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTYWARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Application, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. The Company makes no warranty on the accuracy of data produced by the Application, including without limitation, information relating to payroll, credit cards, or sales tax. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES. The terms of Section below ("Limitation of Liability/ Limitation of Remedies Such as Incidental, Consequential and Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE ABOVE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS PROVIDE THE APPLICATION AND SUPPORT SERVICES (IF ANY) “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES (IF ANY), DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTOF ACCURACY OR COMPLETENESS OR RESPONSES, SATISFACTORY QUALITY OR ARISING FROM A OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, LACK OF NEGLIGENCE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, ARE HEREBY EXCLUDED ALL WITH REGARD TO THE EXTENT ALLOWED BY APPLICABLE LAWAPPLICATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE ALSO, THERE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH REGARD TO THE RESULTS APPLICATION, EXCEPT THE COMPANY WARRANTS THAT THE USE OR SALE OF THE APPLICATION WILL NOT INFRINGE THE CLAIMS OF ANY TRADEMARK, BUT DOES NOT WARRANT INFRINGEMENT BY REASON OF THE USE THEREOF IN COMBINATION WITH OTHER MATERIAL OR EQUIPMENT IN THE OPERATION OF ANY PROCESS. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, MAINTENANCE APPLICATIONS, SYSTEMS OR SERVICES OR THAT THE SOFTWARE WILL SERVICES, OPERATE WITHOUT ERRORSINTERRUPTION, PROBLEMS MEET ANY PERFORMANCE OR INTERRUPTIONSRELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR BUGS IN THE SOFTWARE DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR THAT ALL OF THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseYOU.

Limited Warranty. If Customer obtained you have purchased a license to use the Software directly and Documentation from TIBCOCheckmarx or an authorized reseller, then TIBCO Checkmarx warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which after initial delivery of the Software to you, the Software, when properly installed and used in accordance with the Documentation, is furnished will be free capable of defects operating in materials and workmanship under normal use; and (ii) substantial conformity with the Software will substantially conform to its Documentation. This Within a commercially reasonable time after Checkmarx's receipt of written notice from you specifying any breach of these limited warranty extends only to the original Customer hereunder. Customer's warranties, Checkmarx shall, in Checkmarx’s sole discretion and as your sole and exclusive remedy and the entire as Checkmarx's sole and exclusive liability for breach of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which warranty: (a) is licensed for beta, evaluation, testing deliver to you a workaround or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach correction of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third partynon- conformity; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software terminate this XXXX and assist with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion coordinating a prorated refund of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretopaid. The foregoing indemnity limited warranty set forth above shall not apply to the extent any infringement could have the Software: (a) is not used in accordance with the Documentation; (b) has been avoided modified without Checkmarx’s express authorization; (c) fails to function due to a malfunction of your equipment or IT infrastructure; or (d) fails to function due to third party software and/or hardware that is not provided or approved by use of the then-current releaseCheckmarx. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF CHECKMARX FOR BREACH OF WARRANTY. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. CHECKMARX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

Limited Warranty. If Customer obtained the Software directly from TIBCOUnless superseded by individual Product warranty terms formally set forth by Seller to Buyer in writing and/or included in Product Packaging, then TIBCO warrants that for Seller’s standard warranty terms shall be limited to those set forth in this paragraph. For a period of thirty one (301) days from year after shipment of the Purchase Date: (i) Product, Seller will at its option repair or replace on an exchange basis any Product or component part thereof returned to Seller to be defective in material or workmanship. All costs associated with the media on which transportation, troubleshooting, installing or removing the Software is furnished Product or component part thereof shall be paid by Buyer. Repair or replacement of any Product or component thereof will be free of defects in materials and workmanship under normal use; and (ii) not extend the Software will substantially conform to its Documentationoriginal warranty period. This limited warranty extends only to the original Customer hereunder. Customer's sole Buyer and exclusive remedy is not transferable to any other party and the entire liability any transfer made in violation of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement provision shall terminate upon refund thereofbe void. This limited warranty does not apply to any Software Product or component which (i) has been subject to misuse, neglect, accident or improper storage; (ii) has been installed, repaired, maintained or altered in any way that in the judgment of Seller has adversely affected the condition of the Product; (iii) has been used, operated or maintained inconsistent with Seller recommendations or with normal practice and conditions, or (iv) has been changed or modified from its original condition. For consumable Product components such as reagents, this limited warranty shall be modified as follows: (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, the unopened shelf life shall be the expiration date marked on the packaging; (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty opened shelf life shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN 1 day from the date the product packaging is opened; THIS LIMITED WARRANTYWARRANTY IS ONLY A LIMITED WARRANTY TO REPAIR OR REPLACE AND NOT A WARRANTY OF THE CONDITION OR FUTURE PERFORMANCE OF THE PRODUCT. ALL OTHER WARRANTIES, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES SPECIFICALLY INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. BUYER WAIVES AND IN NO EVENT WILL SELLER BE RESPONSIBLE FOR ANY INCIDENTAL, NONINFRINGEMENTCONSEQUENTIAL, SATISFACTORY QUALITY INDIRECT, SPECIAL, PUNITIVE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS EXEMPLARY DAMAGES OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTSKIND. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense No person is authorized to defend or, at its option, give any other warranty or to settle, assume any claim additional obligation or action brought against Customer to the extent it is based liability on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member behalf of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereofSeller. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In will Seller’s liability hereunder exceed the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion purchase price of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciationdefective Product. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity limited warranty shall not apply if Buyer has unpaid invoices. Buyer agrees that the warranty disclaimer and limited liability set forth herein are fundamental elements of this Agreement and Seller would not be able to provide the extent any infringement could have been avoided by use of the then-current releaseProduct on an economic basis without such limitations.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants to Buyer that for a period of thirty (30) days 3 years from the Purchase Datedate of delivery of the Goods ("Warranty Period"), that such Goods will be free from defects in material and workmanship. Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED OR OTHERWISE. Seller may provide recommendations based on benchmark data provided by Buyer or the industry at large. Such recommendations are not meant to substitute load calculations or other engineering analysis that might be required. In addition, Buyer is responsible for confirming structural, electrical and plumbing requirements to support any equipment recommendations unless specified in the Proposal. The Seller shall not be liable for a breach of the warranty set forth in this Section 7 if: (i) the media on which defect arises because Buyer failed to follow Seller's oral or written instructions as to the Software is furnished will be free storage, installation, commissioning, use or maintenance of defects in materials and workmanship under normal usethe Goods; and or (ii) Buyer alters or repairs such Goods without the Software will substantially conform prior written consent of Seller. Buyer shall permit Seller to its Documentationinspect any claim of breach of warranty. This limited warranty extends only to In the original Customer hereunder. Customer's sole and exclusive remedy and event that Buyer determines any deficiency is the entire liability result of TIBCO and its licensors under this limited warranty will beany circumstance, at TIBCO's option, repair, replacement, cause or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty that does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to constitute a breach of warranty by Seller, Buyer shall compensate Seller for the foregoing on cost of all inspection efforts, including an hourly reimbursement of labor and travel expenses, with a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms minimum charge of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approvalleast $1,750. In the event of any such claimbreach of warranty, litigation or threat thereofSeller shall, TIBCO, at in its sole option and expensediscretion, shall either: (ai) procure for Customer repair or replace such Goods (or the right to continue to use defective part) or, if applicable, repair or re-perform the Software applicable Services or (bii) replace credit or modify refund the Software with functionally equivalent softwareprice of such Goods or Services at the pro rata contract rate. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseTHE REMEDIES SET FORTH IN HEREIN ARE THE BUYER'S SOLE AND EXCLUSIVE REMEDIES AND CONSTITUTE SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 7.

Limited Warranty. If Customer obtained the Software directly from TIBCOEJCDC has distributed this document on a compact disc, then TIBCO EJCDC warrants that for a period of thirty (30) days from the Purchase Date: (i) the media CD on which the Software this document is furnished will to be free of from physical defects in materials and workmanship under normal use; and use for a period of ninety (ii90) days from the Software will substantially conform date of delivery to its Documentationyou as evidenced by a copy of your receipt. This There is no other warranty of any kind, either express or implied, including, but not limited warranty extends only to the original Customer hereunderimplied warranties of merchantability and fitness for a particular purpose. Customer's sole and exclusive remedy and Some states do not allow the entire liability exclusion of TIBCO and its licensors under this limited warranty will beimplied warranties, at TIBCO's option, repair, replacement, or refund of so the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does above exclusion may not apply to any Software you. You may also have other rights which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO vary from state to state. EJCDC does not receive warrant that the functions contained in EJCDC Design and Construction Related Documents will meet your requirements or that the operation of EJCDC Design and Construction Related Documents will be uninterrupted or error free. Limitations of Remedies: EJCDC’s entire liability and your exclusive remedy shall be: the replacement of the CD (if any) distributed by EJCDC, containing this document, provided such CD does not meet EJCDC's "Limited Warranty" and is returned to EJCDC’s selling agent with a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repairedcopy of your receipt, or maintained if EJCDC’s selling agent is unable to deliver a replacement CD which is free of defects in accordance with instructions supplied materials and workmanship, you may terminate this Agreement by TIBCOreturning EJCDC Document and your money will be refunded. As purchaser, (d) has been subjected you assume full responsibility for determining the suitability of this document to abnormal physical your purposes, and for the application and use of this document for contractual or electrical stressproject purposes. To the fullest extent permitted by law, misusein no event will EJCDC, negligenceits sponsoring organizations, its committee members, attorneys, consultants, authorized vendors, or accidentadvisors, or (e) is used in violation of their respective staff members, employees, agents, or contractors, be liable to you or any other term of this End User License Agreement. Customer agrees to pay TIBCO party for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim any lost profits, lost savings, contractual liabilities, disappointed commercial expectations, economic loss, or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing other direct, incidental, or consequential damages arising out of such claimthe content, TIBCO has the exclusive right to control such defense and/or settlementunenforceability, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claiminsufficiency, action inadequacy, use or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue inability to use the Software attached EJCDC document or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO)any other EJCDC Design and Construction Related Documents, TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion even if EJCDC has been advised of the license fees paid to TIBCO possibility of such damages, or for any claim by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities party. Some states do not allow the limitation or obligations exclusion of TIBCO with respect thereto. The foregoing indemnity shall liability for incidental or consequential damages, so portions of the above limitation or exclusion may not apply to the extent any infringement could have been avoided by use of the then-current releaseyou.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants that all materials incorporated in and made a part of the structure of the Condominium shall be new as of the date of installation and shall remain free from defects in workmanship or quality for a period of one (1) year from the date of Closing. Seller represents that Seller will cause to be remedied, by repair or replacement, any structural defects in the Condominium which appear within one (1) year after the date of Closing and which result from faulty material or workmanship, provided that Buyer gives Seller written notice of any such defect within thirty (30) calendar days from after Buyer’s discovery of the Purchase Date: defect. Any such notice shall be addressed to Seller at the address following Seller’s signature below, or such other address for notice furnished to Buyer. Buyer’s sole remedy (iin lieu of all remedies implied by law or otherwise) against Seller in connection with such defects shall be to require Seller to correct the media on which the Software is furnished will be free of defects defect in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentationmaterial or workmanship. This limited warranty extends only does not extend or relate to any items of tangible personal property in the Condominium (whether or not such property is attached to or installed in the Condominium) including, without limitation, any range, oven, range hood and fan, microwave, garbage disposal, dishwasher, refrigerator, water heater, components of the heating system and any fire, alarm or other life-safety or security system installed in or servicing the Condominium. Seller will assign to the original Customer hereunderBuyer at Closing any unexpired warranties Seller has received from the manufacturers of such tangible personal property, to the extent such warranties are assignable. Customer's sole and exclusive remedy and Seller shall not be responsible for the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation performance of any other term of this End User License Agreementsuch manufacturer under the manufacturer’s warranties. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a timeWITH REGARD TO ANY APPLIANCES OR OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, materialsWHETHER OR NOT WARRANTED BY MANUFACTURERS, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", SELLER DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY IMPLIED WARRANTY THOSE OF MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED IN THE FIRST PARAGRAPH OF THIS LIMITED WARRANTY ABOVE, NONINFRINGEMENTSELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE, SATISFACTORY QUALITY EXPRESS OR ARISING FROM A COURSE IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DEALINGWORKMANLIKE CONSTRUCTION, USAGEHABITABILITY, DESIGN, CONDITION, OR TRADE PRACTICE, ARE HEREBY EXCLUDED QUALITY AS TO THE EXTENT ALLOWED PROPERTY OR OTHER IMPROVEMENTS CONSTITUTING THE PROJECT, AND SELLER HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES. DAMAGES, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY CLAIMS, REGULATORY CLAIMS, PURSUANT TO EQUITY OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ACTUAL DAMAGES NECESSARY TO COMPENSATE THE INJURED PARTY, AND IN NO EVENT SHALL CONSEQUENTIAL, INCIDENTAL, TREBLE DAMAGES (OR DAMAGES BASED UPON ANY OTHER MULTIPLIER), OR PUNITIVE DAMAGES BE RECOVERABLE. BUYER AND SELLER WAIVE, RELEASE AND COVENANT NOT TO ASSERT ANY RIGHT OR CLAIM TO CONSEQUENTIAL, INCIDENTAL, TREBLE (OR OTHER MULTIPLIER), OR PUNITIVE DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL DAMAGES EVER EXCEED THE PRICE PAID BY APPLICABLE LAWBUYER FOR THE CONDOMINIUM. CERTAIN THIRD PARTY SOFTWARE BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT THE TERMS OF THIS ANTICIPATORY RELEASE AND THE DAMAGE LIMITATIONS CONTAINED HEREIN ARE THE RESULT OF A KNOWING ALLOCATION OF RISK BETWEEN THE BUYER AND SELLER BASED UPON THE PURCHASE PRICE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PURCHASE PRICE AND OTHER CONSIDERATION WOULD HAVE BEEN HIGHER OR DIFFERENT WITHOUT THESE DAMAGE LIMITATIONS AND THESE LIMITATIONS ARE A REASONABLE MANNER OF RISK ALLOCATION BETWEEN THE PARTIES. BUYER AND SELLER INTEND THAT THESE DAMAGE LIMITATIONS WILL OR COULD BE ENFORCED, EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BUYER AND SELLER ACKNOWLEDGE AND AGREE THAT THIS DAMAGE LIMITATION AND ANY RELEASE GIVEN HEREIN SHALL HAVE BEEN GIVEN FOR AND IN CONSIDERATION OF A NEGOTIATED ARMS LENGTH TRANSACTION UPON WHICH EACH OF THE PARTIES HAD A FULL AND COMPLETE OPPORTUNITY TO NEGOTIATE. BUYER EXPRESSLY ACKNOWLEDGES THAT THE LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY OF THE BUYER AND THAT NO OTHER CLAIMS OF ANY NATURE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMERBROUGHT AGAINST SELLER. SELLER MAKES NO REPRESENTATION OR WARRANTY CONCERNING ANY GEOLOGICAL OR ENVIRONMENTAL MATTERS AND SPECIFICALLY EXCLUDES GEOLOGICAL AND ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS THIRD PARTY SOFTWARE IS PROVIDED "REPC. Buyer hereby acknowledges and accepts such disclaimers and agrees to waive any and all rights Buyer may have by virtue of the representations and warranties disclaimed. Except as otherwise provided in this limited warranty, Buyer purchases the Condominium “AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE” and assumes the risk of damage occurring in the Condominium after Closing, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member regardless of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect theretocause. The foregoing indemnity provisions of this Section shall not apply to the extent any infringement could have been avoided by use of the then-current releasesurvive Closing.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for For a period of thirty ninety (3090) days from the Purchase Date: (i) the media on which date of acquisition the Software is furnished or Service will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially materially conform to its Documentation. This limited warranty extends only to published specifications described in the original Customer hereunderrelevant Documentation supplied by Incorta. Customer's ’s sole and exclusive remedy and the entire liability of TIBCO Incorta and its suppliers and licensors under this limited warranty will be, at TIBCO's Incorta’s option, repair, replacement, repair or refund replacement of the Software or Service, or if repair or replacement is not possible, to terminate the license and applicable Maintenance feesrefund the license fee paid by Customer for the affected Software or Service, provided Customer removes all copies of the relevant Software or Service from its systems and ceases any further use of the Software or Service. The express warranties in which event this End User License Agreement shall terminate upon refund thereof. This warranty does do not apply to if the applicable Software, Services or any portion of the Software which or Service: (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (bi) has been altered or modifiedaltered, except by TIBCO, Incorta or its authorized representatives or its contractors; (cii) has not been used, installed, operated, repaired, or maintained in accordance with instructions this Agreement and/or Documentation; or (iii) is licensed, for beta, evaluation, or testing purposes. Additionally, the warranties set forth in this Agreement only apply to a warranty claim made within the warranty period specified in this Agreement and do not apply to any bug, defect or error caused by or attributable to software or products or services not supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License AgreementIncorta. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such SoftwareDisclaimer. EXCEPT AS SPECIFIED EXPRESSLY SET FORTH IN THIS LIMITED WARRANTYSECTION, THE SOFTWARESOFTWARE OR SERVICE, MAINTENANCE IS PROVIDED ON AN “AS-IS” BASIS AND SERVICES ARE PROVIDED "AS IS"INCORTA MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SAME. INCORTA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONSWARRANTIES, REPRESENTATIONS, AND INCLUDING THE WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTNON- INFRINGEMENT, SATISFACTORY QUALITY LOSS OF DATA, ACCURACY OF RESULTS, OR ARISING FROM A COURSE OF DEALINGDEALING OR RELIANCE. INCORTA DOES NOT WARRANT OR SUPPORT ANY THIRD-PARTY WEBSITE, USAGESERVICE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE CONTENT OR SERVICES OR FUNCTIONALITY. INCORTA DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE WILL OPERATE WITHOUT ERRORS, PROBLEMS BE ERROR-FREE OR INTERRUPTIONSUNINTERRUPTED, OR THAT ERRORS OR BUGS ITS SECURITY MEASURES WILL PREVENT THIRD PARTY ACCESS TO DATA. Limitation of Liability. EXCEPT AS MAY BE REQUIRED BY LAW, IN THE SOFTWARE NO EVENT WILL BE CORRECTEDINCORTA, OR THAT THE SOFTWARE'S FUNCTIONALITYINCORTA’S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, MAINTENANCE INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES, OR FOR ANY LOST REVENUE, LOST PROFIT, LOSS OF BUSINESS, LOSS OF USE, LOSS OF CONTRACTS, ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF ANY OTHER ECONOMIC ADVANTAGE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY LOSS OR DAMAGE TO DATA, OR ANY BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING FROM SOFTWARE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT DELIVERED UNDER OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS RELATED TO THIS WARRANTYAGREEMENT, UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, UNDER STATUTE, TORT OR OTHERWISE, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH. IndemnityIN NO EVENT WILL THE AGGREGATE LIABILITY OF INCORTA, INCORTA’S LICENSORS OR SUPPLIERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE SOFTWARE OR SERVICES, (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, UNDER STATUTE, TORT OR OTHERWISE) EXCEED THE FEES RECEIVED BY INCORTA. If WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. Infringement Indemnification. Incorta will defend Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, and against any claim or action by a third party brought against Customer to the extent it is based on a claim alleging that the unmodified Software infringes any patent issued by the United Statesor violates third party intellectual property rights, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold harmless Customer harmless from and against any damages, damages and costs and fees reasonably incurred finally awarded against Customer or agreed to by Incorta in a monetary settlement (including reasonable attorneys' ’ fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of resulting from such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claimclaim is brought or threatened, litigation or threat thereof, TIBCOIncorta may, at its sole option and expense, shall : (ai) procure for Customer the right to continue to use of the Software or infringing part thereof; (bii) modify or amend the Software or infringing part thereof to make it non-infringing; (iii) replace or modify the Software or infringing part thereof with functionally equivalent software. If such settlement non-infringing software or modification is not commercially reasonable technology having substantially similar capabilities; or (in the reasonable opinion of TIBCO), TIBCO may cancel iv) terminate this End User License Agreement upon sixty days prior written notice to Customer, and refund repay to Customer the unamortized a pro-rata portion of the any prepaid and unused license fees paid for the balance of the term . Notwithstanding the foregoing, Incorta will have no liability to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability for any claim of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by such claim arises out of or is based upon (1) use of the then-current release.Software in combination with software, products or services not provided by Incorta;

Limited Warranty. If Momentum warrants to Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license feeit has the right to enter into this Agreement, (b) has been altered the use of the Service will not infringe on any intellectual property or modifiedother rights of a third party, except by TIBCO, and (c) has not been installedthe Service shall be performed in a professional and workmanlike manner, operated, repaired, or maintained and in accordance with instructions supplied by TIBCOthe requirements, (d) has been subjected to abnormal physical or electrical stressif any, misuse, negligence, or accident, or (e) is used specified herein and in violation any Service Order. In the event of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided breach by TIBCO related to a breach Momentum of the foregoing on limited warranty, we shall immediately undertake to correct the deficiency using commercially reasonable efforts. If we are unable to correct the deficiency within a commercially reasonable time, materials, travel, lodging then either party may terminate Service at the Location(s) affected by such deficiency without cost or penalty. The foregoing are your sole and other reasonable expenses basisexclusive remedies for breach of this warranty. If Customer obtained the Software from a TIBCO reseller or distributor, The warranty set forth above is made to and for your benefit and will be enforceable against us only if you have acted in compliance with the terms of the Agreement. You agree to reasonably cooperate with our efforts to identify and correct any warranty shall be as provided by such reseller or distributorapparent non-conformance with the foregoing warranty. OTHER THAN THE FOREGOING LIMITED WARRANTY AND AS OTHERWISE EXPRESSLY SET FORTH IN THE AGREEMENT (INCLUDING ANY INCORPORATED SERVICE LEVEL AGREEMENT(S)) AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTYWE MAKE NO WARRANTIES, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, NONINFRINGEMENTTITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, DEALING OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO COURSE OF PERFORMANCE OR ANY WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALERWITHOUT LIMITING THE FOREGOING, DISTRIBUTORWE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, AGENT DELAY, INTERRUPTION, ERROR, DEGRADATION OF SERVICE QUALITY OR EMPLOYEE IS AUTHORIZED TO MAKE LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY MOMENTUM OR MOMENTUM'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseKIND.

Limited Warranty. If Customer obtained Apposite warrants that, for the Software directly from TIBCOduration of the Warranty Period, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished Hardware will be free of any defects in materials and workmanship under normal use; use and (ii) the Software will perform substantially conform to its in accordance with the Documentation. This limited warranty extends only to the original Customer hereunderuser of the Product. Customer's This limited warranty is void if failure of the Hardware or Software to conform to the warranty has resulted from improper installation, testing, misuse, neglect, accident, fire or other hazard, a virus, or any breach of this Agreement. Apposite and its suppliers’ entire liability and your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will shall be, at TIBCO's optionApposite’s sole discretion, repair, replacement, or refund of to: (i) repair the Software or Hardware; (ii) provide replacement Hardware or Software; or (iii) refund the purchase price and applicable Maintenance fees, in which event terminate this End User License Agreement shall terminate upon refund thereofAgreement. This limited warranty does not apply applies only if the Product is returned to any Software which (a) is licensed for betaApposite, evaluationfreight and insurance prepaid, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, Apposite’s Return Material Authorization (dRMA) has been subjected procedures. Any repaired or replaced Software or Hardware will be subject to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO same limited warranty for any Maintenance or Services provided by TIBCO related to a breach the remainder of the foregoing on a timeoriginal Warranty Period or thirty (30) days, materialswhichever is greater. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED, AND APPOSITE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION ALSO HAVE OTHER RIGHTS WHICH VARY BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseJURISDICTION.

Limited Warranty. If Customer obtained INVO agrees to warrant the Software directly from TIBCO, then TIBCO warrants that for a period Products to DISTRIBUTOR in accordance with its limited warranty in effect at the time of shipment. INVO’s limited warranty may be changed by INVO at any time in its sole discretion upon thirty (30) days' written notice to DISTRIBUTOR. DISTRIBUTOR must extend to any patient or customer a warranty that is equal to or exceeds INVO’s limited warranty. In the event that DISTRIBUTOR offers a warranty that exceeds INVO’s limited warranty, DISTRIBUTOR will be exclusively responsible for such extended warranty, will support all consequences regarding the warranty and will hold INVO harmless with regard to any warranty related costs. INVO WILL HAVE NO LIABILITY TO DISTRIBUTOR, DISTRIBUTOR'S PATIENTS, CUSTOMERS OR OTHER THIRD PARTIES FOR CLAIMS OR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, OTHER THAN AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. No employee, agent or representative of INVO has the authority to bind INVO to any oral representation or warranty concerning any Product sold. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of INVO shall not be enforceable by DISTRIBUTOR. INVO makes no warranty and shall have no obligation with respect to expendable or consumable parts and supplies or with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized installation, alterations or repairs to the Products. INVO warrants to DISTRIBUTOR (purchaser of the product) for ninety (90) days from receipt of the Purchase Date: (i) the media on which the Software is furnished Products, if used as authorized in accordance with INVO specifications, will be free of not have significant defects in materials and or workmanship under normal use; and (ii) that make the Software Product unusable. If the Product is deemed unusable or defective it will substantially conform to its Documentationbe replaced by INVO. INVO makes no warranty or representation that the Products will meet any customer specific requirements. INVO makes no warranty, implied or otherwise, regarding the performance or reliability of any Third-Party products such as culture medium. This limited warranty extends only to the original Customer hereunderdoes not cover damage of any sort resulting from, but not limited to, accidents, improper storage, improper operation, alterations, tampering, abuse, neglect, fire, flood, war, or acts of God. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under Additionally, this limited warranty will bedoes not cover unintended use, at TIBCO's optionfailure to follow instructions for use (IFU), re-use, modification to the INVO procedure or unauthorized repair, replacement, or refund /modification of the Software and applicable Maintenance feesProducts. INVO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for betaWHETHER EXPRESS, evaluationIMPLIED OR STATUTORY, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, INCLUDING THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained INVO agrees to warrant the Software directly from TIBCO, then TIBCO warrants that for a period Products to DISTRIBUTOR in accordance with its limited warranty in effect at the time of shipment. INVO’s limited warranty may be changed by INVO at any time in its sole discretion upon thirty (30) days' written notice to DISTRIBUTOR. DISTRIBUTOR must extend to any patient or customer a warranty that is equal to or exceeds INVO’s limited warranty. In the event that DISTRIBUTOR offers a warranty that exceeds INVO’s limited warranty, DISTRIBUTOR will be exclusively responsible for such extended warranty, will support all consequences regarding the warranty and will hold INVO harmless with regard to any warranty related costs. INVO WILL HAVE NO LIABILITY TO DISTRIBUTOR, DISTRIBUTOR'S PATIENTS, CUSTOMERS OR OTHER THIRD PARTIES FOR CLAIMS OR DAMAGES OF ANY KIND, INCLUDING September 2020 Confidential INCIDENTAL OR CONSEQUENTIAL DAMAGES, OTHER THAN AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. No employee, agent or representative of INVO has the authority to bind INVO to any oral representation or warranty concerning any Product sold. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of INVO shall not be enforceable by DISTRIBUTOR. INVO makes no warranty and shall have no obligation with respect to expendable or consumable parts and supplies or with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized installation, alterations or repairs to the Products. INVO warrants to DISTRIBUTOR (purchaser of the product) for ninety (90) days from receipt of the Purchase Date: (i) the media on which the Software is furnished Products, if used as authorized in accordance with INVO specifications, will be free of not have significant defects in materials and or workmanship under normal use; and (ii) that make the Software Product unusable. If the Product is deemed unusable or defective it will substantially conform to its Documentationbe replaced by INVO. INVO makes no warranty or representation that the Products will meet any customer specific requirements. INVO makes no warranty, implied or otherwise, regarding the performance or reliability of any Third-Party products such as culture medium. This limited warranty extends only to the original Customer hereunderdoes not cover damage of any sort resulting from, but not limited to, accidents, improper storage, improper operation, alterations, tampering, abuse, neglect, fire, flood, war, or acts of God. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under Additionally, this limited warranty will bedoes not cover unintended use, at TIBCO's optionfailure to follow instructions for use (IFU), re-use, modification to the INVO procedure or unauthorized repair, replacement, or refund /modification of the Software and applicable Maintenance feesProducts. INVO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for betaWHETHER EXPRESS, evaluationIMPLIED OR STATUTORY, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, INCLUDING THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Limited Warranty. If Customer obtained the Software directly from TIBCO, then TIBCO Seller warrants that each deliverable supplied and manufactured by Seller hereunder shall be free from material and workmanship defects under normal use and service for a period of twenty-four (24) months from the date of delivery of the deliverables (the "Limited Warranty"). Within thirty (30) days from after Buyer's discovery of any such defects, Buyer must notify Seller thereof. Such failure by Buyer to give Seller notice within the Purchase Date: applicable time period specified above shall be deemed a waiver of Buyer's claim for such defects. Buyer shall not ship any deliverable subject to a warranty claim to Seller without Seller's prior authorization. Shipment to Seller of deliverables subject to warranty claims shall be at Buyer's expense and risk. All warranty claims are subject to confirmation by Seller. The Limited Warranty is not transferable or assignable and any such transfer or assignment is void. The Limited Warranty does not cover service trips, service calls or costs of field removal or reinstallation and other labor charges. The Limited Warranty excludes damages due to (i) failure to install, operate or maintain the media on which the Software is furnished will be free of defects in materials and workmanship deliverables as directed or under normal useapplicable law or regulation; and (ii) the Software will substantially conform to misuse, abuse, neglect or modification of a deliverable or any controls, in any way; (iii) improper service, use of replacement parts or accessories that are not specified by Seller; (iv) improper storage or installation of a deliverable; (v) incorrect power supply, accident, fire, flood, acts of God or other casualty; (vi) use of a deliverable other than its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole intended purpose and exclusive remedy and the entire liability normal usage; (vii) use of TIBCO and its licensors under this limited warranty will bea deliverable in a corrosive atmosphere or any atmosphere containing contaminants; (viii) shipment of a deliverable (all claims must be filed with carrier); (ix) any defect in a deliverable arising from a drawing, at TIBCO's option, repair, replacementdesign, or refund specification supplied by or on behalf of Buyer; or (x) failure of parts, components, services or hook-ups not supplied by Seller. No warranty coverage is applicable if Buyer cannot prove original purchase date and required annual maintenance history, if any, the Software and applicable Maintenance feesdata plate and/or serial number on any deliverable is removed, defaced, modified or altered in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repairedway, or maintained in accordance with instructions supplied Seller is not permitted to inspect the damaged deliverable. No warranty coverage applies to accessories or to items subject to wear, consumption or regular replacement including such items as batteries, antennas, microphones, headsets, cases or accessory bags. No warranty coverage applies to engineering prototypes or Buyer requested modifications to electronic circuits. Seller shall examine all deliverables returned for warranty claims and if Seller determines that the claim is not covered by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any this Section 13, Seller shall notify Buyer and hold the returned deliverables pending instruction from Buyer. If Buyer does not prepay for shipment back to Buyer of such deliverables within a reasonable time, Seller may dispose of the deliverables without liability. The Limited Warranty does not cover and Seller does not independently warrant, the equipment and materials not manufactured by Seller. The warranty for those items shall be limited to only such warranty as provided that furnished by such reseller the manufacturer thereof as may properly be assigned to Buyer. No person other than an executive officer of Seller, has authority to change or distributor, extend the terms of the Limited Warranty and TIBCO provides Customer Buyer confirms that no other warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim terms have been extended by Seller or action brought against Customer are applicable to the extent it is based on a claim that deliverables. Change or extensions to the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member terms of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that Limited Warranty are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified binding only if confirmed in writing of such claimby Seller's duly authorized executive officer. No other communications by Seller, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action oral or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expensewritten, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO constitute a warranty by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseSeller.

Limited Warranty. If Customer obtained Unirgy warrants that the Software directly from TIBCO, then TIBCO warrants that will perform substantially in accordance with the documentation for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Unirgy, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Unirgy's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Unirgy's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXX or for any other liability relating to the Software shall be, at Unirgy's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Unirgy with a copy of your receipt. You will receive the remedy elected by Unirgy without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Unirgy). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days from the Purchase Date: (i) the media on which the Software days, whichever is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributorlonger, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO Unirgy will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the efforts to provide your remedy within a commercially reasonable opinion time of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO your compliance with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseUnirgy's warranty remedy procedures.

Limited Warranty. If Company warrants that: (a) the material manufactured by Company and provided to Customer obtained in performance of the Software directly Services is free from TIBCO, then TIBCO warrants that defects in material and manufacture for a period of thirty (30) days 12 months from the Purchase Date: (i) earlier of the media on which the Software is furnished will be free date of defects in materials and workmanship under normal useequipment start-up or replacement; and (iib) the Software will substantially conform labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its Documentationoption and to correcting any labor/labour improperly performed by Company. This limited warranty extends only No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the original Customer hereunder. following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's sole failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and exclusive remedy and modifications made by others to equipment. Company shall not be obligated to pay for the entire liability cost of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, lost refrigerant or refund lost product. Some components of equipment manufactured by Company may be warranted directly from the Software and applicable Maintenance feescomponent supplier, in which event case this End User License Agreement Limited Warranty shall terminate upon refund thereof. This warranty does not apply to those components and any Software which (a) is licensed for betawarranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, evaluation, testing all warranties provided herein terminate upon termination or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term cancellation of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided Equipment, material and/or parts that are not manufactured by TIBCO related to a breach of Company are not warranted by Company and have such warranties as may be extended by the foregoing on a time, materials, travel, lodging and other reasonable expenses basisrespective manufacturer. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, THE SOFTWARESTATUTE OR TORT (INCLUDING NEGLIGENCE), MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONSIMPLIED, REPRESENTATIONSIN LAW OR IN FACT, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY SOFTWAREMOLD, MAINTENANCE FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR THAT OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABI LITY FOR THE SOFTWARE WILL OPERATE WITHOUT ERRORSPREVENTION, PROBLEMS ELIMINATION, REDUCTION OR INTERRUPTIONSINHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current releaseOTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.