Common use of Limited Warranty Clause in Contracts

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION DOCUMENTATION, AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION MISAPPLICATION OF THE SOFTWARE.

Limited Warranty. GC FMI warrants that: for a period of ninety (i90) it has days from the full power initial Contract Date stated in FMI’s contract system that the Software as provided by FMI will substantially conform to enter into this Agreement the published specifications for the Software available from FMI. FMI’s entire liability and grant Licensee’s sole and exclusive remedy for any breach of the license rights set forth herein; (ii) it has not granted and foregoing limited warranty will not grant any rights in be, at FMI’s option, replacement of the SOFTWARE to any third party which grant is inconsistent with media, refund of the rights granted to You in this Agreement; and (iii) purchase price, or repair or replacement of the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partySoftware. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY FMI AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDFMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS FMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERWILL MEET LICENSEE’S REQUIREMENTS, GC REPRESENTS OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. FURTHERMORE, FMI DOES NOT WARRANT OR MISAPPLCATION MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWAREUSE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI, OR AN AUTHORIZED REPRESENTATIVE OF FMI SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

Limited Warranty. GC Seller warrants that: to Customer for a period of twelve (i12) it has months following delivery only that (a) the full power Products shall conform to enter into this Agreement the description and grant the license rights set forth herein; (ii) it has not granted specifications, subject to industry standard tolerances and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreementvariations; and (iiib) Seller has good title to the SOFTWARE does not Products free and will not infringe any trade secretclear of liens, copyright, trademark security interests or other proprietary right held encumbrances by any third party and does not infringe any patent held by any third partyclaiming by, through or under Seller. EXCEPT AS OTHERWISE PROVIDED SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRECEDING SENTENCEPRODUCTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE ENTIRE RISK POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF USE OR PERFORMANCE OF IN ANY WAY RELATED TO THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTSPRODUCTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATIONBASED IN CONTRACT, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSWARRANTY, APPLICATIONS ANDTORT (INCLUDING NEGLIGENCE XXX/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTXX XXXXX XXXXXXXXXX), XXXXXX LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE ABUSE OR MISAPPLCATION OF PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE SOFTWAREPRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretTHE WEBSITE IS PROVIDED “AS IS” AND, copyrightEXCEPT FOR ANY WARRANTY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyCONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, ALL WARRANTIES IMPLIED OR OTHERWISE ARE EXCLUDED. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND SUBJECT TO ANY SUCH WARRANTIES, GC EXPRESSLY DISCLAIMS CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, THE OXFORD GROUP DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY WARRANTY FOR THE SOFTWAREREPRESENTATION OR WARRANTY, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF ANY KIND WITH RESPECT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, THE OXFORD GROUP EXPRESSLY DOES NOT WARRANT THAT THE WEBSITE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE WEBSITE. CUSTOMER SHALL BEAR THE ENTIRE RISK ARISING OUT OF USE OR AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUWEBSITE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSThe Oxford Group makes no warranty or representation and gives no indemnity in respect of any third party's products, whether or not obtained from the Oxford Group. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATEThe Oxford Group’s supply of any such third party-produced products may be subject to separate terms and conditions of the manufacturer or licensor, which will be specified at the time of purchase in relation to such product. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATIONAny samples, training materials, descriptive material or advertising related to the Website, whether or not produced by the Oxford Group and any descriptions contained in or on the Oxford Group’s websites or in the Oxford Group’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Agreement or have any contractual force. MOREOVERCustomer acknowledges that Customer has not relied on any statement, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTpromise, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGrepresentation, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREassurance or warranty made or given by any member of the Oxford Group or its agents which is not set out in the Agreement.

Limited Warranty. GC Seller warrants that: to Customer for a period of twelve (i12) it has months following delivery only that (a) the full power Products shall conform to enter into this Agreement the description and grant the license rights set forth herein; (ii) it has not granted specifications, subject to industry standard tolerances and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreementvariations; and (iiib) Seller has good title to the SOFTWARE does not Products free and will not infringe any trade secretclear of liens, copyright, trademark security interests or other proprietary right held encumbrances by any third party and does not infringe any patent held by any third partyclaiming by, through or under Seller. EXCEPT AS OTHERWISE PROVIDED SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRECEDING SENTENCEPRODUCTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE ENTIRE RISK POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF USE OR PERFORMANCE OF IN ANY WAY RELATED TO THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTSPRODUCTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATIONBASED IN CONTRACT, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSWARRANTY, APPLICATIONS TORT (INCLUDING NEGLIGENCE AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTGROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE ABUSE OR MISAPPLCATION OF PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE SOFTWAREPRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. GC Nasdaq warrants that: (i) that it has will calculate the full power to enter into this Agreement and grant Index in accordance with its then applicable method for calculation of the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyIndex. EXCEPT AS OTHERWISE PROVIDED LICENSEE'S SOLE REMEDY IN EVENT OF A FAILURE OF THIS WARRANTY IS TO HAVE NASDAQ RECALCULATE THE INDEX FOR THE AFFECTED TIMES ACCORDING TO NASDAQ'S APPLICABLE METHOD FOR CALCULATION OF THE INDEX AT THE AFFECTED TIME(S). IN THE PRECEDING SENTENCEEVENT THAT NASDAQ IS UNABLE OR UNWILLING TO RECALCULATE THE INDEX FOR AN AFFECTED PERIOD OF OVER SEVEN CONSECUTIVE BUSINESS DAYS, AND NASDAQ WILL REFUND TO THE MAXIMUM EXTENT PERMITTED LICENSEE THE PORTION OF FEES CALCULATED IN SECTION 11. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THAT THE INDEX OR THE MEANS BY APPLICABLE LAWWHICH NASDAQ CALCULATES THE INDEX IS FREE OF DEFECTS. THE CORPORATIONS DO NOT REPRESENT OR WARRANT THE TIMELINESS, GC EXPRESSLY DISCLAIMS SEQUENCE, ACCURACY OR COMPLETENESS OF THE CALCULATION OF THE INDEX, OR THAT THE INDEX WILL MEET LICENSEE'S REQUIREMENTS. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED CONDITIONS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION ON THE PART OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARECORPORATIONS.

Limited Warranty. GC Seller warrants that: to Customer for a period of twelve (i12) it has months following delivery only that (a) the full power Products shall conform to enter into this Agreement the description and grant the license rights set forth herein; (ii) it has not granted specifications, subject to industry standard tolerances and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreementvariations; and (iiib) Seller has good title to the SOFTWARE does not Products free and will not infringe any trade secretclear of liens, copyright, trademark security interests or other proprietary right held encumbrances by any third party and does not infringe any patent held by any third partyclaiming by, through or under Seller. EXCEPT AS OTHERWISE PROVIDED SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRECEDING SENTENCEPRODUCTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE ENTIRE RISK POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF USE OR PERFORMANCE OF IN ANY WAY RELATED TO THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTSPRODUCTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATIONBASED IN CONTRACT, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSWARRANTY, APPLICATIONS TORT (INCLUDING NEGLIGENCE AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTGROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE ABUSE OR MISAPPLCATION OF PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE SOFTWAREPRODUCTS TO WHICH SUCH LIABILITY RELATES.

Limited Warranty. GC warrants that: (iHP PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE HP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, WHICHEVER IS LONGER, FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. HP DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE IS PROVIDED ‘AS IS’. IF HP RECEIVES NOTICE OF DEFECTIVE HARDWARE REPLACEMENT PARTS DURING THIS PERIOD, HP WILL, AT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PART(S) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretTHAT PROVE TO BE DEFECTIVE. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, copyrightWHETHER WRITTEN OR ORAL, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyIS EXPRESSED OR IMPLIED. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY HP SPECIFICALLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT SOME STATES DO NOT ALLOW A LIMITATION ON AN IMPLIED WARRANTY FOR CONSUMER PRODUCTS OR OF USE A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR PERFORMANCE LIMITATIONS OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSMAY NOT APPLY TO YOU. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS ANY IMPLIED WARRANTIES THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED IMPOSED BY CONTACTING GC DIRECTLY. THIS LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREPERIOD.

Limited Warranty. GC Scripps hereby represents and warrants that: that subject to the rights of the United States Government (i) it has the full sole right and power to enter into this Agreement and grant the license rights set forth and licenses granted herein; (ii) it Scripps is and shall be the owner of the entire right, title, and interest in and to the Scripps Patent Rights; (iii) Scripps has not previously granted and will not grant any rights in the SOFTWARE to any third party which grant is Scripps Patent Rights that are inconsistent with the rights and licenses granted to You in this AgreementLicensee herein; and (iiiiv) to the SOFTWARE does not and will not infringe any trade secretbest of its knowledge, copyright, trademark or other proprietary right held by any there are no claims of third party and does not infringe any patent held by any third partyparties that would call into question the rights of Scripps to grant to Licensee the rights contemplated hereunder. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCETHIS SECTION 5, AND NEITHER PARTY MAKES ANY WARRANTIES OR CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED SUBJECT MATTER HEREOF. SPECIFICALLY, SCRIPPS MAKES NO OTHER WARRANTIES CONCERNING SCRIPPS PATENT RIGHTS OR SCRIPPS TECHNOLOGY COVERED BY APPLICABLE LAWTHIS AGREEMENT, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO SCRIPPS PATENT RIGHTS, SCRIPPS TECHNOLOGY OR ANY LICENSED PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY SCRIPPS MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSWARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF SCRIPPS PATENT RIGHTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO THAT ANY LICENSED PRODUCT WILL BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FREE FROM AN ACCIDENTINFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THE ABUSE THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING SCRIPPS PATENT RIGHTS OR MISAPPLCATION OF THE SOFTWARESCRIPPS TECHNOLOGY COVERED BY THIS AGREEMENT.

Limited Warranty. GC FMI warrants that: for a period of ninety (i90) it has days from the full power to enter into effective date of this Agreement and grant that the license rights set forth herein; (ii) it has not granted and Software as provided by FMI will not grant any rights perform substantially in the SOFTWARE to any third party which grant is inconsistent accordance with the rights granted accompanying documentation. FMI's entire liability and Licensee's sole and exclusive remedy for any breach of the foregoing limited warranty will be, at FMI's option, replacement of the Software, refund of the purchase price or repair or replacement of the Software which is returned to You in this Agreement; and (iii) FMI or an FMI authorized representative with a copy of the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyreceipt. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY FMI AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDFMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER COLLATERALLY, INCLUDINGBY STATUTE OR OTHERWISE), WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, THE IMPLIED WARRANTIES CONDITIONS OR OTHER TERMS OF MERCHANTABILITY MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS FMI DOES NOT WARRANT THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. NO ORAL OR MISAPPLCATION WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE SOFTWAREABOVE LIMITATION MAY NOT APPLY TO LICENSEE. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FMI'S NEGLIGENCE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the NEW HAMPSHIRE INSURANCE COMPANY INC. PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE HP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, WHICHEVER IS LONGER FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. WE WILL ONLY UTILIZE HP REPLACEMENT PARTS WHICH WILL BE SUBJECT TO HP’S WARRANTY. NEW HAMPSHIRE INSURANCE COMPANY INC. DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretIS PROVIDED ‘AS IS’. IF NEW HAMPSHIRE INSURANCE COMPANY INC. RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, copyrightNEW HAMPSHIRE INSURANCE COMPANY INC. WILL, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyAT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS THAT PROVIE TO BE DEFECTIVE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, AND WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY NEW HAMPSHIRE INSURANCE COMPANY INC. SPECIFICALLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Limitations of Liability and Remedies: FOR ANY BREACH OF THIS AGREEMENT BYNEW HAMPSHIRE INSURANCE COMPANY INC., CUSTOMER’S REMEDY AND OUR LIABILITY WILL BE LIMITED TO A REFUND OF PRICE PAID FOR THIS AGREEMENT FOR THE ENTIRE RISK ARISING OUT OF USE HP PRODUCTS AT ISSUE. WE WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE FOR NONPERFORMANCES DUE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH CAUSES BEYOND ITS DOCUMENTATION. MOREOVERREASONABLE CONTROL, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS INCLUDING WHEN PRODUCT OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS PARTS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYAVAILABLE. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF TO THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.EXTENT HP IS HELD

Limited Warranty. GC Subject to the limitations contained in Section 8 hereof and except as otherwise expressly provided herein, Seller warrants that: that at the time of delivery, the Pulp sold to Buyer will conform to the specifications required by the Pulp Supply Agreement. Seller reserves the right to source the Pulp from any source, whether or not owned by Seller or any of its affiliates, provided that it meets the required specifications. If Buyer notifies Seller in writing within thirty (i30) it has days from the full power date of arrival of the Pulp at the delivery point applicable hereunder of any nonconformance of the Pulp with such specifications, Seller shall, at its option, either replace (solely upon the delivery terms otherwise applicable hereunder) that portion of the Pulp found by Seller to enter into this Agreement and grant be nonconforming, or refund to Buyer the license rights set forth herein; (ii) it has not granted and will not grant any rights purchase price or portion thereof actually received by Seller for the nonconforming portion of the Pulp. With the exception of the remedies specified in the SOFTWARE Section 3 relating to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretPulp moisture/air-dry content, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEREPLACEMENT OR REFUND BY SELLER IS BUYER’S SOLE REMEDY FOR BREACH OF WARRANTY BY SELLER, AND BUYER ACKNOWLEDGES AND AGREES THAT NO CLAIMS MADE AFTER THE THIRTY (30) DAY TIME PERIOD REFERENCED IN THIS SECTION 7 WILL BE VALID OR RECOGNIZED. ACCEPTABLE DELIVERY WILL BE DEEMED TO HAVE BEEN MADE IF NO VALID CLAIM HAS BEEN MADE WITHIN SAID TIME PERIOD. THE MAXIMUM EXTENT PERMITTED LIMITED WARRANTY EXPRESSLY STATED IN THIS SECTION 7 IS THE ONLY WARRANTY MADE BY APPLICABLE LAWSELLER AND CAN BE AMENDED ONLY IN A WRITING SIGNED BY SELLER, GC AND SELLER DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS DISCLAIMS, ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY ALL OTHER REPRESENTATIONS AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY WARRANTIES OF ANY KINDKIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF OR AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: COMPANY MAKES NO OTHER WARRANTIES EXCEPT THOSE STATED IN COMPANY’S LIMITED WARRANTY IN EFFECT ON THE DATE COMPANY ACCEPTS EACH APPLICABLE PURCHASE ORDER (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party“LIMITED WARRANTY”). EXCEPT AS OTHERWISE PROVIDED THE LIMITED WARRANTY MAY BE FOUND IN THE PRECEDING SENTENCEAPPLICABLE PRICE BOOK AND ON THE ALLEGION CUSTOMER WEBSITE, WHICH TERMS ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE. COMPANY WILL MAIL CUSTOMER A HARD COPY OF THIS WARRANTY UPON CUSTOMER’S WRITTEN REQUEST. IN THE EVENT THAT CERTAIN DELIVERABLE WARRANTIES ARE NOT FURNISHED BY THE COMPANY TO CUSTOMER, COMPANY WARRANTS ONLY TO CUSTOMER THAT THE DELIVERABLES WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 12 MONTHS FROM THE DATE OF SHIPMENT OF THE DELIVERABLES. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIRING OR REPLACING, AT COMPANY’S OPTION, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWDEFECTIVE DELIVERABLE, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR PROVIDED WRITTEN NOTICE OF THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE DEFECT OR NONCONFORMANCE IS PROVIDED BY GC HEREBY AND GC PROVIDES CUSTOMER WITHIN 30 DAYS OF DISCOVERY OF THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDDEFECT OR NONCONFORMANCE. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE DELIVERABLES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC FMI warrants that: for a period of ninety (i90) it has days from the full power to enter into effective date of this Agreement and grant that the license rights set forth herein; (ii) it has not granted and Software as provided by FMI will not grant any rights perform substantially in the SOFTWARE to any third party which grant is inconsistent accordance with the rights granted accompanying documentation. FMI's entire liability and Licensee's sole and exclusive remedy for any breach of the foregoing limited warranty will be, at FMI's option, replacement of the Software, refund of the purchase price or repair or replacement of the Software which is returned to You in this Agreement; and (iii) FMI or an FMI authorized representative with a copy of the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyreceipt. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY FMI AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDFMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER COLLATERALLY, INCLUDINGBY STATUTE OR OTHERWISE), WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, THE IMPLIED WARRANTIES CONDITIONS OR OTHER TERMS OF MERCHANTABILITY MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS FMI DOES NOT WARRANT THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. NO ORAL OR MISAPPLCATION WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE SOFTWAREABOVE LIMITATION MAY NOT APPLY TO LICENSEE. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 4 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FMI'S NEGLIGENCE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary propri- etary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION DOCUMENTA- TION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION CONDI- TION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONLIM- ITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION MISAPPLICATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the TIC PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE HP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, WHICHEVER IS LONGER FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. TIC WILL ONLY UTILIZE HP REPLACEMENT PARTS WHICH WILL BE SUBJECT TO HP’S WARRANTY. TIC DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretIS PROVIDED ‘AS IS’. IF TIC RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, copyrightTIC WILL, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyAT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS THAT PROVIE TO BE DEFECTIVE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, AND WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY TIC SPECIFICALLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Limitations of Liability and Remedies: FOR ANY BREACH OF THIS AGREEMENT BY TIC, CUSTOMER’S REMEDY AND TIC'S LIABILITY WILL BE LIMITED TO A REFUND OF PRICE PAID FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. TIC WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S.) AND OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES PAID BY CUSTOMER THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED REMEDIES PROVIDED IN THIS XXXX AGREEMENT ARE CUSTOMER'S SOLE AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYEXCLUSIVE REMEDIES. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY EXCEPT AS DESCRIBED INDICATED ABOVE, IN NO EVENT WILL TIC, HP, ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTAFFILIATES, ITS SUBCONTRACTORS, OR THE ABUSE SUPPLIERS BE LIABLE FOR LOSS OF DATA OR MISAPPLCATION OF THE SOFTWAREFOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.

Limited Warranty. GC Seller warrants that: that at the time of shipment of goods or performance of services the Offerings will be free from material defects in materials and workmanship. The warranty expressly provided herein may only be asserted by Buyer and may not be asserted by Buyer’s customers or other users or beneficiaries of the Offerings. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY. OTHER THAN THE FOREGOING WARRANTY, SELLER HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OFFERINGS (iWHETHER GOODS OR SERVICES) it has INCLUDING ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NO PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTIES ON BEHALF OF SELLER OTHER THAN THOSE EXPRESSLY STATED HEREIN. Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the full power to enter into this Agreement and grant Offerings. Third Party Products are not covered by the license rights limited warranty set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) Section. For the SOFTWARE does not and will not infringe any trade secretavoidance of doubt, copyrightXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS INCLUDING ANY WARRANTY FOR THE SOFTWAREOF MERCHANTABILITY, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT , TITLE, OR AGAINST INFRINGEMENT OF USE OR PERFORMANCE INTELLECTUAL PROPERTY RIGHTS OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTSA THIRD PARTY, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY EXPRESS OR AS A NESTED CONSTITUENT IMPLIED BY LAW, COURSE OF A CONTROL OR APPLICATIONDEALING, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSCOURSE OF PERFORMANCE, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE USAGE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTTRADE, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREOTHERWISE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRECEDING SENTENCE, SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS WE HEREBY DISCLAIM ANY WARRANTY FOR THE SOFTWAREAND ALL CONDITIONS, DOCUMENTATION REPRESENTATIONS, AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDWARRANTIES, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT , AND NON-INFRINGEMENT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL THIRD-PARTY RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING WITHOUT LIMITING THE FOREGOING, WHILE WE MAKE NO WARRANTY THAT (A) THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STANDERROR-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND FREE; (C) THE RESULTS THAT MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE FROM THE USE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTSERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ABUSE SERVICES WILL MEET YOUR EXPECTATIONS; OR MISAPPLCATION (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF THE SOFTWAREOUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.

Limited Warranty. GC warrants that: Consultant warrants, for a period of thirty (i30) days following delivery of any services hereunder (the “Warranty Period”) that all Services will be performed in a professional manner and in accordance with generally applicable industry standards. Consultant’s sole liability (and Client’s exclusive remedy) for any breach of this Warranty shall be for Consultant to re-perform any deficient services, or, if Consultant is unable to remedy such deficiency within fifteen (15) days, to void the invoice for the deficient services. Consultant shall have no obligation with respect to any Warranty claim if (1) it has is notified of such claim after the full power to enter into this Agreement and grant the license rights set forth herein; Warranty Period or (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii2) the SOFTWARE does not and will not infringe any trade secretclaim is the result of third-party hardware of software, copyrightthe actions of Client, trademark or the actions or omissions of some other proprietary right held party or is otherwise caused by any third party and does not infringe any patent held by any third partyfactors outside the reasonable control of Consultant. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION IS A LIMITED WARRANTY AND SETS FORTH THE PRECEDING SENTENCEONLY WARRANTIES MADE BY CONSULTANT. CONSULTANT MAKES NO OTHER WARRANTIES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGWHETHER WRITTEN OR ORAL, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATIONLIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. , NONINFRINGEMENT, OR THOSE ARISING FROM THE ENTIRE RISK ARISING OUT COURSE OF USE PERFORMANCE, DEALING, USAGE OR TRADE, OR ANY WARRANTIES REGARDING THE PERFORMANCE OF THE ANY SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR HARDWARE PROVIDED OR INSTALLED BY CONSULTANT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU COMPANY MAY HAVE OTHERS WHICH VARY FROM STATE OTHER STATUTORY RIGHTS; HOWEVER, TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERFULL EXTENT PERMITTED BY LAW, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGIF ANY, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF LIMITED TO THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREWARRANTY PERIOD. Consultant will pass along to the Company any third-party warranties relating to any goods purchased and/or installed by Consultant on Client’s premises and/or equipment.

Limited Warranty. GC Proton warrants that: that the Systems sold and purchased ---------------- hereunder shall conform in all material respects to the Specifications for one (i1) it year from the date of Matheson's delivery of the Systems to its customers, so long as Xxxxxxxx has delivered the full power applicable Systems to enter into this Agreement and grant such customer within three (3) months of delivery by Proton to Xxxxxxxx thereof (the license rights set forth herein; (ii) it has not granted and will not grant any rights foregoing, the "Warranty Period"). Matheson's exclusive remedy in the SOFTWARE event that any System does not conform to the foregoing warranty shall be repair or replacement, at Proton's sole option, of the subject System. The foregoing warranty shall be conditioned upon and subject to the end-user installing and maintaining the Systems in accordance with all applicable manufacturer instructions and recommendations, and shall not be applicable to any third party which grant is inconsistent with the rights granted System that has been damaged, misused, abused, altered, improperly installed or used in a manner contrary to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark manufacturer instructions or other proprietary right held by any third party and does not infringe any patent held by any third partyrecommendations. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND PROTON MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSYSTEMS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS SECTION. THE WARRANTIES STATED IN THIS SECTION ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR BENEFITS, DIRECTLY OR INDIRECTLY, ARISING OUT OF USE OR PERFORMANCE RELATING TO THIS AGREEMENT OR THE SUPPLY OF THE SOFTWARE AND DOCUMENTATION REMAINS SYSTEMS OR SERVICES, INCLUDING REPAIRS, HEREUNDER. PROTON'S TOTAL LIABILITY (WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERAGREEMENT SHALL NOT, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE UNDER ANY CIRCUMSTANCES, EXCEED (1) IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTCASE OF PRODUCTS LIABILITY CLAIMS, WHICH IS THE DEVELOPMENT ENVIRONMENT AMOUNT OF PROTON'S INSURANCE COVERAGE FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTCLAIMS, OR (2) IN THE ABUSE OR MISAPPLCATION CASE OF ANY OTHER CLAIM OF ANY NATURE WHATSOEVER, THE SOFTWAREAGGREGATE AMOUNT PAID TO PROTON HEREUNDER.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE PRECEDING SENTENCETERMS OF WARRANTY PROVIDED FOR OR WITH SPECIFIC EQUIPMENT, LS NETWORKS DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY LS NETWORKS OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF LS NETWORKS SERVICE AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. LS NETWORKS AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY APPLICABLE LAWCOURSE OF PERFORMANCE, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWAREDEALING, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCUSTOM OR TRADE USAGE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ALL DATA AND INFORMATION TRANSFERRED UNDER THE SOLUTION IS DONE AT CUSTOMER’S SOLE RISK. IF ANY EQUIPMENT THAT CUSTOMER LEASES FROM LS NETWORKS AS PART OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT SERVICE FAILS FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS REASONS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED CUSTOMERS OWN NEGLIGENCE AND LS NETWORKS DETERMINES SUCH EQUIPMENT TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS DEFECTIVE, LS NETWORKS MAY APPLYELECT TO REPAIR IT OR REPLACE THE EQUIPMENT WITH EQUIPMENT OF SIMILAR CAPABILITIES. SUCH LICENSING TERMS ARE IF CUSTOMER DOES NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY RETURN THE DEFECTIVE EQUIPMENT WITHIN 14 DAYS AFTER RECEIPT OF ANY REPLACEMENT EQUIPMENT, CUSTOMER SHALL BE VOID AND NULL IF FAILURE LIABLE FOR PAYMENT OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION PURCHASE PRICE OF THE SOFTWAREREPLACEMENT EQUIPMENT.

Limited Warranty. GC warrants that: (iWE PROVIDE A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE HP PRODUCT TO YOU OR FOR THE REMAINING TERM OF THIS AGREEMENT, WHICHEVER IS LONGER, FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. REPLACEMENT PARTS PROVIDED MAY BE WHOLE UNIT REPLACEMENTS OR BE NEW OR FUNCTIONALLY EQUIVALENT NEW IN PERFORMANCE AND RELIABILITY AND WARRANTED AS NEW. REPLACED PARTS BECOME THE PROPERTY OF HP UNLESS HP AGREES OTHERWISE IN WRITING AND YOU PAY ANY APPLICABLE CHARGES. WE DO NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE ARE PROVIDED ‘AS IS’. IF WE RECEIVE NOTICE OF DEFECTIVE HARDWARE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, WE WILL, AT OUR OPTION, REPAIR OR REPLACE THE REPLACEMENT PART(S) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretTHAT PROVE TO BE DEFECTIVE. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, copyrightWHETHER WRITTEN OR ORAL, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyIS EXPRESSED OR IMPLIED. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT SOME STATES DO NOT ALLOW A LIMITATION ON IMPLIED WARRANTIES FOR CONSUMER PRODUCTS OR OF USE A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR PERFORMANCE LIMITATIONS OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSMAY NOT APPLY TO YOU. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS ANY IMPLIED WARRANTIES THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED IMPOSED BY CONTACTING GC DIRECTLY. THIS LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREPERIOD.

Limited Warranty. GC MESCIUS warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC XXXXXXX EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY XXXXXXX XXXXXX AND GC XXXXXXX PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY XXXXXXX XXXXXX REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC XXXXXXX REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC MESCIUS PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC XXXXXXX EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC XXXXXXX DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: Limitation of Liability PERKINELMER GENETICS, INC., VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (iINCLUDING NEGLIGENCE) it has the full power to enter into this Agreement and grant the license rights set forth herein; OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PERKINELMER OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PERKINELMER’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (iiINCLUDING NEGLIGENCE) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretOR OTHERWISE, copyrightEXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM PERKINELMER OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED NOW OR IN THE PRECEDING SENTENCEFUTURE, AND TO XXX OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST PERKINELMER, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSEQUENCING SERVICES, GC EXPRESSLY DISCLAIMS ANY WARRANTY OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT PERKINELMER AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY EVENT OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGA FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, THE IMPLIED WARRANTIES NATURAL DISASTERS, STRIKES, ACTS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERGOD, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTWAR, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLYTEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYThe Client hereby releases and discharges PerkinElmer and all of their officers, directors, employees, agents, affiliates, attorneys, successors and assigns, and each of them forever, from any and all liability for any and all action, cause of action, suit, omission, cost, expense, interest, loss, harm, damage, claim, demand or proceedings of any kind or nature arising out of or relating, directly or indirectly, to the Guardian Card. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTFurther, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREthe Client understands that by purchasing the Sequencing Services, the Client relinquish any right the Client might otherwise have to xxx, or otherwise seek money damages or other relief against ViaCord for any reason relating to or arising out of the Guardian Card. The Client acknowledges that by ordering the Sequencing Services and releasing the Guardian Card for performance of the Sequencing Test, the Guardian Card will not be available for any future purposes, and the Client’s Guardian Program enrollment will be terminated.

Limited Warranty. GC TSRI hereby represents and warrants that: (i) that it has the full right and power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, copyrightTECHNOLOGY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCERESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED VALIDITY OR SCOPE OF PATENT RIGHTS, OR THAT ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY APPLICABLE LAWTHIS AGREEMENT. FURTHER, GC EXPRESSLY DISCLAIMS TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE PATENT RIGHTS, RESEARCH TOOLS OR BIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY WARRANTY FOR THE SOFTWAREINDIRECT, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDSPECIAL, EITHER EXPRESS INCIDENTAL, EXEMPLARY OR IMPLIED, CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITY PROFITS OR FITNESS EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR FOR A PARTICULAR PURPOSE. THE ENTIRE RISK INJURY TO PERSONS OR PROPERTY) ARISING OUT OF USE OR PERFORMANCE IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER GROUNDS, AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES, AND DOCUMENTATION REMAINS WITH YOUNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITED THE PARTIES FURTHER AGREE THAT EACH WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH DISCLAIMER, EXCLUSION OF DAMAGES OR OTHER LIMITATION OF LIABILITY HEREIN IS ONLY INTENDED TO RUN BE SEVERABLE AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE INDEPENDENT OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR OTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE ABUSE OR MISAPPLCATION OF THE SOFTWAREPARTIES.

Limited Warranty. GC MESCIUS warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC MESCIUS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY XXXXXXX XXXXXX AND GC MESCIUS PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY XXXXXXX XXXXXX REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC MESCIUS REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC MESCIUS PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC MESCIUS EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC MESCIUS DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE THE RELIANCE CONNECTS EQUIPMENT AND THE SERVICE ARE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RELIANCE CONNECTS NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS WARRANT THAT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OF THE RELIANCE CONNECTS EQUIPMENT OR THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR WILL PROVIDE UNINTERRUPTED USE OR WILL OPERATE AS REQUIRED, UNINTERUPTED, AT ANY MINIMUM SPEED, OR ERROR FREE. YOUR SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE DUE TO A TECHNICAL MALFUNCTION FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM RELIANCE CONNECTS WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICE AND ANY CREDITS PROVIDED BY RELIANCE CONNECTS ARE AT OUR SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY RELIANCE CONNECTS. NEITHER RELIANCE CONNECTS NOR DO ITS AFFILIATES, SUPPLIERS, OR AGENTS WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY OR PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE PURPOSE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC MERCHANTABILITY, ARE HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREEXCLUDED.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the THE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE IS PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, . CCH SFSCCH SFS DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY COURSE OF DEALING OR PERFORMANCE, CUSTOM OR USAGE OF TRADE. END USER BEARS THE ENTIRE RISK ARISING OUT AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. CCH SFSCCH SFS DOES NOT WARRANT THAT USE OR PERFORMANCE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE, THAT ALL APPLICATION DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL PROPERLY OPERATE ON ANY SPECIFIC OPERATING SYSTEM OR COMPUTER HARDWARE OR CONFIGURATIONS OR BEFORE/AFTER ANY SPECIFIC DATE OR TIME PERIOD. END USER WILL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUCCH SFSCCH SFS WILL HAVE NO LIABILITY THEREFORE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE NO EMPLOYEE OR AGENT OF CCH SFSCCH SFS OR ANY OF ITS AFFILIATES IS AUTHORIZED TO STATE. GC HEREBY REPRESENTS MAKE ANY STATEMENT THAT ADDS TO OR AMENDS ANY OF THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS WARRANTIES OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED LIMITATIONS CONTAINED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREAGREEMENT.

Limited Warranty. GC TSRI hereby represents and warrants that: (i) that it has the full right and power to enter into this Agreement and to perform its obligations hereunder, to grant the license options, licenses and other rights set forth provided herein; (ii) it has not granted , and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in that this Agreement; and (iii) the SOFTWARE Agreement does not and will not infringe conflict with any trade secretother agreement or understanding to which TSRI is a party or by which TSRI may be bound. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, copyrightTECHNOLOGY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEBIOLOGICAL MATERIALS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWRESEARCH TOOLS OR ANY OTHER MATTER WHATSOEVER, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK , NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF USE COURSE OF CONDUCT OR PERFORMANCE TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF THE SOFTWARE PATENT RIGHTS, OR THAT ANY PRODUCT, TECHNOLOGY, PROCESS, SERVICE, RESEARCH TOOL, OR BIOLOGICAL MATERIALS WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, BIOLOGICAL MATERIALS OR RESEARCH TOOLS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS MAKES NO REPRESENTATION THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERTECHNOLOGY, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS PATENT RIGHTS, BIOLOGICAL MATERIALS OR RESEARCH TOOLS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT SUITABLE FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARESPONSOR’S PURPOSES.

Limited Warranty. GC TSRI hereby represents and warrants that: (i) that it has the full right and power to enter into this Agreement and to perform its obligations hereunder, that it has the right to grant the license rights set forth herein; (ii) it has not granted licenses hereunder, and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in that this Agreement; and (iii) the SOFTWARE Agreement does not and will not infringe conflict with any trade secret, copyright, trademark other agreement to which TSRI is a party or other proprietary right held by any third party and does not infringe any patent held by any third partywhich TSRI may be bound. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS TSRI MAKES NO OTHER WARRANTIES CONCERNING LICENSED PATENT RIGHTS OR ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDOTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK , NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF USE COURSE OF CONDUCT OR PERFORMANCE TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF THE SOFTWARE LICENSED PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT, LICENSED PROCESS OR LICENSED SERVICE WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission THIRD PARTIES, OR THAT ANY THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY LICENSED PATENT RIGHTS COVERED BY THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS MAKES NO REPRESENTATION THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS PATENT RIGHTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT SUITABLE FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARELICENSEE’S PURPOSES.

Limited Warranty. GC warrants that: We warrant to you that (i) it has the full power Licensed Software will perform substantially in accordance with the then-current documentation for the Licensed Software (which may be made available to enter into you at xxxx.xx.xxx) for a period of ninety (90) days from the date you are granted access to the Licensed Software pursuant to this Agreement and grant the license rights set forth herein(“Warranty Period”); (ii) it has we will use commercially reasonable steps to verify, using then current versions of industry standard anti-virus software, that the Licensed Software and any Release or Version thereof does not granted and will not grant contain any rights in the SOFTWARE Malicious Code on delivery to any third party which grant is inconsistent with the rights granted to You in this Agreementyou; and (iii) the SOFTWARE Licensed Software does not and will not infringe contain any trade secretCopyleft Materials. WE DO NOT WARRANT AND WE DISCLAIM ANY IMPLIED WARRANTY THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE LICENSED SOFTWARE WILL ACHIEVE ANY INTENDED RESULT OR THAT IT WILL BE COMPATIBLE, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT WORK WITH OR CONTINUE TO WORK WITH THIRD PARTY SOFTWARE OR HARDWARE OTHER THAN AS OTHERWISE PROVIDED SET OUT IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS DOCUMENTATION. WE ARE NOT RESPONSIBLE FOR ANY WARRANTY ANTI-VIRUS SOFTWARE OR VIRUS DETECTION ON YOUR SYSTEMS. YOU ACCEPT RESPONSIBILITY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE SELECTION OF THE LICENSED SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSACKNOWLEDGE THAT THE LICENSED SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR OMIT TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE TAKE BASED ON YOUR USE OF THE LICENSED SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARESERVICES.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyNO WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY SUNBAKED DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION ALL WARRANTIES AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. , TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARD TO THE ENTIRE RISK ARISING OUT SOFTWARE, AND THE PROVISION OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUFAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSLIMITS YOUR RIGHTS TO THOSE SET OUT HEREIN. YOU MAY HAVE OTHERS WHICH VARY FROM STATE LIMITATION OF LIABILITY. TO STATE. GC HEREBY REPRESENTS THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNBAKED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED OR THE PROVISION OF OR FAILURE TO RUN AND OPERATE PROVIDE SUPPORT SERVICES, EVEN IF SUNBAKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT NO EVENT SHALL SUNBAKED’S MAXIMUM LIABILITY EXCEED THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT AMOUNT YOU PAID FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE PRODUCT. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY RUN NOT APPLY TO YOU. SUNBAKED DISCLAIMS ANY AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS ALL LOSS OR DEVELOPMENT ENVIRONMENTSLIABILITY RESULTING FROM, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE BUT NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.TO:

Limited Warranty. GC Claris warrants that: for a period of ninety (i90) it has days from the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights initial Contract Date stated in the SOFTWARE Claris Contract system that the Software as provided by Claris will substantially conform to the published specifications for the Software available from Claris. Claris entire liability and Licensee’s sole and exclusive remedy for any third party which grant is inconsistent with breach of the rights granted to You in this Agreement; and (iii) foregoing limited warranty will be, at the SOFTWARE does not and will not infringe any trade secretoption of Claris, copyrightreplacement of the media, trademark refund of the purchase price, or other proprietary right held by any third party and does not infringe any patent held by any third partyrepair or replacement of the Software. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY CLARIS AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS CLARIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERWILL MEET LICENSEE’S REQUIREMENTS, GC REPRESENTS OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Claris DOES NOT WARRANT OR MISAPPLCATION MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWAREUSE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLARIS, OR AN AUTHORIZED REPRESENTATIVE OF CLARIS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the THE LIMITED WARRANTIES FOR DELL-BRANDED PRODUCTS CAN BE FOUND AT xxx.Xxxx.xxx/Xxxxxxxx OR IN THE DOCUMENTATION DELL PROVIDES WITH SUCH PRODUCTS. DELL WARRANTS THAT THE SERVICES WILL BE PROVIDED IN MATERIAL ACCORDANCE WITH THE SERVICE AGREEMENTS. IN THE ABSENCE OF A SERVICE AGREEMENT, THE SERVICES WILL BE PROVIDED IN A GOOD AND SKILLFUL MANNER. DELL HAS THE RIGHT TO GRANT THE LICENSES TO THE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the LICENSED UNDER THIS AGREEMENT, AND SUCH SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyWILL SUBSTANTIALLY CONFORM TO THE FUNCTIONAL SPECIFICATIONS AND CURRENT DOCUMENTATION PROVIDED BY DELL. EXCEPT AS OTHERWISE PROVIDED EXPRESSLY STATED IN THE PRECEDING SENTENCESENTENCES OF THIS PARAGRAPH, DELL, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS (COLLECTIVELY, THE "DELL PARTIES ") MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE OR SERVICES, GC EXPRESSLY DISCLAIMS INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR THE SOFTWARE(1) OF MERCHANTABILITY, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. , PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS, SOFTWARE, OR SERVICES; (3) RELATING TO THE ENTIRE RISK ARISING OUT PERFORMANCE OF USE ANY HARDWARE OR SOFTWARE, OR DELL'S PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS SERVICES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE, SERVICES, OR THE RESULTS OF ANY RECOMMENDATION BY DELL. WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE ELECTRICAL POWER, SERVICE NOT PERFORMED OR AUTHORIZED BY DELL (INCLUDING INSTALLATION OR DE- INSTALLATION), USAGE NOT IN ACCORDANCE WITH ITS DOCUMENTATIONPRODUCT OR SOFTWARE INSTRUCTIONS, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS, SOFTWARE, OR SERVICES. MOREOVERTHESE WARRANTIES DO NOT APPLY TO THIRD-PARTY PRODUCTS. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS PROVIDER, OR ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS ARE INTENDED PROVIDED "AS IS." WITH RESPECT TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE YOUR USE OF THE SOFTWARE (1) NEITHER DELL NOR ANY OF THE DELL PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTY THAT SOFTWARE PROVIDED TO PERFORM SUBSTANTIALLY AS DESCRIBED YOU IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTCONNECTION WITH THIS AGREEMENT IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; OR THAT ANY ERRORS IN THE ABUSE SOFTWARE WILL BE CORRECTED; (2) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR MISAPPLCATION CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF DELL'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (3) DELL AND THE DELL PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SOFTWARE; AND (4) USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND NEITHER DELL NOR THE DELL PARTIES SHALL HAVE ANY LIABILITY RELATING TO SUCH USE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION MISSAPPLICATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the NEW HAMPSHIRE INSURANCE COMPANY INC. PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE HP PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS AGREEMENT, WHICHEVER IS LONGER FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN HP HARDWARE PRODUCTS SERVICED UNDER THIS AGREEMENT. WE WILL ONLY UTILIZE HP REPLACEMENT PARTS WHICH WILL BE SUBJECT TO HP’S WARRANTY. NEW HAMPSHIRE INSURANCE COMPANY INC. DOES NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretIS PROVIDED ‘AS IS’. IF NEW HAMPSHIRE INSURANCE COMPANY INC. RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, copyrightNEW HAMPSHIRE INSURANCE COMPANY INC. WILL, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyAT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS THAT PROVIE TO BE DEFECTIVE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, AND WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY NEW HAMPSHIRE INSURANCE COMPANY INC. SPECIFICALLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Limitations of Liability and Remedies: FOR ANY BREACH OF THIS AGREEMENT BYNEW HAMPSHIRE INSURANCE COMPANY INC., CUSTOMER’S REMEDY AND OUR LIABILITY WILL BE LIMITED TO A REFUND OF PRICE PAID FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. WE WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S.) AND OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES PAID BY CUSTOMER THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED REMEDIES PROVIDED IN THIS XXXX AGREEMENT ARE CUSTOMER'S SOLE AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYEXCLUSIVE REMEDIES. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY EXCEPT AS DESCRIBED INDICATED ABOVE, IN NO EVENT WILL NEW HAMPSHIRE INSURANCE COMPANY INC., HP, ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTAFFILIATES, ITS SUBCONTRACTORS, OR THE ABUSE SUPPLIERS BE LIABLE FOR LOSS OF DATA OR MISAPPLCATION OF THE SOFTWAREFOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.

Limited Warranty. GC Subject to the limitations set forth in Section S below, the manufacturer warrants thatthat Goods sold by the manufacturer as •first choice goods" are manufactured in accordance with the published technical standards, This limited warranty is valid only: (i) it has for a period of one hundred and eighty (180) days from the full power to enter into this Agreement and grant date of shipment of the license rights set forth herein; Goods by the manufacturer, or (ii) it has not granted and will not grant any rights in for the SOFTWARE period from the date of shipment of the Goods by the manufacturer until installation or attempted installation of the Goods,whichever is less. This limited warranty applias only to any third party which grant is inconsistent with "first choice goods" sold by the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partymanufacturer. EXCEPT ALL GOODS SOLO BY THE MANUFACTURER OTHER THAN •FIRST CHOICE GOODS" ARE SOLD AS OTHERWISE PROVIDED IN IS. THIS IS THE PRECEDING SENTENCE, SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE MANUFACTURER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWGOODS ANO IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO THE MANUFACTURER, AND WHETHER OR NOT THE MANUFACTURER'S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY THE MANUFACTURER ANO/ FOR BUYER'S (OR ANY SUBSEQUENT TRANSFEREE'S, AS DEFINED BELOW) USE OR PURPOSE. OTHER THAN REPRESENTATIONS OR WARRANTIES MADE BY THE ENTIRE RISK MANUFACTURER IN THEIR RESPECTIVE LITERATURE AND/OR PACKAGING, NO REPRESENATION OR WARRANTY OF ANY KIND REGARDING THE GOODS MADE BY ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, INDEPENDENT DISTRIBUTORS AND SALES REPRESENATIVES, SHALL BE BINDING UPON THE MANUFACTURER. IF YOU ARE A CONSUMER, AND SHOULD ANY APPLICABLE LAW PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES SET FORTH ABOVE, THEN ANY IMPLIED WARRANTIES FOUND TO EXIST WILL BE STRICLTY LIMITED TO THE DURATION OF THE LIMITED WARRANTY SET FORTH ABOVE. Notwithstanding the foregoing, this limited warranty does not extend to any losses or damages due to misuse, accident, iil!xxxx, neglect, normal wear and tear, negligence (other than the manufacturer's), c,nauthorized modification or alteration, c,se beyond rate capacity, improper installation, maintenance or application. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to the manufacturer in the selection or design of the Goods and the preparation of the manufacturer's quotation. and in the ewnt 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. Buyers must notify the manufacturer of any defects in the Goods in writing, via ,ertified mail within thirty (30) days of Buyer's receipt of the Goods, Upon receiving Buyer's notice of defect, the manufacturer shall, at its option, repair, correct or repliil!ce the Goods EX WORKS (which shall have the same meaning as in the lncoterms 2000 published by the International Chamber of Commerce), or refund the purchase price for that portion of the Goods found by the manufacturer to be defective. Failure by Buyer 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, Goods repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer. Notwithstanding the provisions contained in the preceding sentences of this paragraph, Buyer shall be deemed to have iil!ccepted the Goods and absolutely and unconditionally waiwd its rights to claim for any defects: (i) upon installation or attempted installation of the Goods, or {ii) if the Goods are otherwise used or altered in any way. Buyer assumes iil!II other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either iil!lone or in combination with other products/components, This Section 4 also applies in the event that any entity or person (other than Buyer) buys, acquires or uses the Goods, including, but not limited to, any entity or person who obtains the Goods from Buyer (any of them a "Subsequent Transferee1. Buyer hereby covenants and agrees to provide such Subsequent Transferee with conspicuous written notice of the provisions set forth in Sections 4 and S of these Terms and Conditions of Siil!le, by providing each such Subsequent Transferee with iii! copy of the notice attached hereto as Exhibit "A". Buyer,furthermore. covenants and agrees that it shall not make any representation or warranty whatsoever regarding the Goods to any third piil!rty (either on behalf of the manufacturer or on it:$ own account), other than the limited warranty of the manufacturer set forth in this Section 4. BUYER HEREBY COVENANTS AND AGREES THAT, SHOULD IT FAIL TO COMPLY WITH THE PROVISIONS OF THIS LAST PARAGRAPH OF SECTION 4, BUYER SHALL DEFEND, INDEMNIFY. AND HOLD THE MANUFACTURER AND/, ITS OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROMANDAGAINST ANY AN DALL LIABILITY, LOSS, EXPENSE {INCLUDING REASONABLE ATTORNEYS' FEES), OR CLAIMS FOR INJURY OR DAMAGES (INCLUDING, BUT NOT LIMITED TO GENERAL. CONSEQUENTIAL, INCIDENTAL AND PUNATIVE DAMAGES) ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS IN CONNECTION WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERBUYER'S OR BUYER'S EMPLOYEES', GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTAGENTS', WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS ANDREPRESENTATIVES' ANO/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING INDEPENDENT CONTRACTORS' BREACH OF THESE TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE CONDITIONS OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARESALE.

Limited Warranty. GC Claris warrants that: for a period of ninety (i90) it has days from the full power to enter into effective date of this Agreement and grant that the license rights set forth herein; (ii) it has not granted and Software as provided by Claris will not grant any rights perform substantially in the SOFTWARE to any third party which grant is inconsistent accordance with the rights granted accompanying documentation. Claris entire liability and Licensee’s sole and exclusive remedy for any breach of the foregoing limited warranty will be, at the option of Claris, replacement of the Software, refund of the purchase price or repair or replacement of the Software which is returned to You in this Agreement; and (iii) Claris or an authorized Claris representative with a copy of the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyreceipt. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY CLARIS AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER COLLATERALLY, INCLUDINGBY STATUTE OR OTHERWISE), WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, THE IMPLIED WARRANTIES CONDITIONS OR OTHER TERMS OF MERCHANTABILITY MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS CLARIS DOES NOT WARRANT THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. NO ORAL OR MISAPPLCATION WRITTEN INFORMATION OR ADVICE GIVEN BY CLARIS OR AN AUTHORIZED REPRESENTATIVE OF CLARIS SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE SOFTWAREEXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CLARIS NEGLIGENCE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THE PRECEDING SENTENCEHEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHERE ARE NO WARRANTIES, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IMPLIED INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF ABOVE, SERVICE PROVIDER SHALL PROVIDE A LIMITED WARRANTY RELATED TO THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUREPAIR SERVICE SPECIFIED IN THE REPAIR/SERVICE SUBMISSION FORM. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU APPLIES ONLY TO THE SERVICE; THERE IS NO WARRANTY EXPRESS OR IMPLIED FOR ANY PART(S)/PRODUCT(S) WHICH MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE BE USED IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLYSERVICE. SUCH LICENSING TERMS ARE LIMITED WARRANTY SHALL BEGIN ON THE DAY THE ITEM IS RETURNED TO CLIENT AND AUTOMATICALLY EXPIRE THIRTY FIVE (35) DAYS THEREAFTER. CLIENT ACKNOWLEDGES THAT THIS LIMITED WARRANTY SHALL APPLY ONLY TO THE ORIGINAL SERVICES REQUESTED BY CLIENT AND NOT INCLUDED TO ANY OTHER PROBLEMS WITH THE ITEM. THE SOLE LIABILITY OF SERVICE PROVIDER UNDER THIS SECTION 10 SHALL BE TO CORRECT ANY ERRORS CAUSED SOLELY AND DIRECTLY BY SERVICE PROVIDER, OR, IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYSERVICE PROVIDER’S SOLE DISCRETION, PROVIDE A REFUND TO CLIENT. THIS LIMITED WARRANTY SHALL BE VOID IS FOR THE BENEFIT OF CLIENT ONLY AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREIS NONTRANSFERABLE.

Limited Warranty. GC Claris warrants that: for a period of ninety (i90) it has days from the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights initial Contract Date stated in the SOFTWARE Claris contract system that the Software as provided by Claris will substantially conform to the published specifications for the Software available from Claris. Claris entire liability and Licensee’s sole and exclusive remedy for any third party which grant is inconsistent with breach of the rights granted to You in this Agreement; and (iii) foregoing limited warranty will be, at the SOFTWARE does not and will not infringe any trade secretoption of Claris, copyrightreplacement of the media, trademark refund of the purchase price, or other proprietary right held by any third party and does not infringe any patent held by any third partyrepair or replacement of the Software. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY CLARIS AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS CLARIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERWILL MEET LICENSEE’S REQUIREMENTS, GC REPRESENTS OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CLARIS DOES NOT WARRANT OR MISAPPLCATION MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWAREUSE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLARIS, OR AN AUTHORIZED REPRESENTATIVE OF CLARIS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

Limited Warranty. GC Subject to the limitations of Section 9.3 below, University warrants thatthat it will provide the Deliverables as described herein and will exercise reasonable skill, care and due diligence in the provision of the Deliverables. University warrants that all Materials provided under this Agreement shall be free from faulty workmanship for a period of thirty (30) days from delivery of the Materials. EXCEPT AS SPECIFIED ABOVE, MATERIALS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE- IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY UNIVERSITY WITH RESPECT TO THE DELIVERABLES AND IS IN LIEU OF AND EXCLUDES 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 UNIVERSITY IN SPECIFICATIONS, DRAWINGS OR OTHERWISE. CLIENT SHOULD DETERMINE INDEPENDENTLY WHETHER DELIVERABLES PROVIDED HEREUNDER ARE SUITABLE FOR THE PARTICULAR USE INTENDED BY CLIENT. THIS WARRANTY DOES NOT EXTEND TO ANY LOSSES OR DAMAGES DUE TO MISUSE, ACCIDENT, ABUSE, NEGLECT, NORMAL WEAR AND TEAR, NEGLIGENCE (OTHER THAN UNIVERSITY’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 UNIVERSITY. TO THE EXTENT THAT CLIENT OR ITS AGENTS HAVE SUPPLIED SPECIFICATIONS, INFORMATION, REPRESENTATION OF OPERATING CONDITIONS OR OTHER DATA TO UNIVERSITY THAT IS USED IN: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; THE SELECTION OF THE DELIVERABLES AND (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY PREPARATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS UNIVERSITY’S QUOTATION AND/OR CONTAINERS SCOPE OF WORK, AND IN THE EVENT THAT ACTUAL OPERATING CONDITIONS OR OTHER THAN MICROSOFT VISUAL STUDIO CONDITIONS DIFFER FROM THOSE REPRESENTED BY CLIENT, ANY WARRANTIES OR OTHER PROVISIONS CONTAINED HEREIN, THAT ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. AFFECTED BY SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY CONDITIONS, SHALL BE VOID NULL AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTVOID. CLIENT ASSUMES ALL OTHER RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE ABUSE USE OF DELIVERABLES, EITHER ALONE OR MISAPPLCATION OF THE SOFTWAREIN COMBINATION WITH OTHER ITEMS.

Limited Warranty. GC warrants that: SELLER WARRANTS THE GOODS AGAINST DEFECTS OF MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR NINETY (i90) it has the full power to enter into this Agreement and grant the license rights set forth herein; DAYS FROM THE DATE OF SHIPMENT (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretTHE “LIMITED WARRANTY”). THE PARTIES HERETO EXPRESSLY AGREE THAT BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER SHALL BE, copyrightAT SELLER’S OPTION, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyFOR THE REPLACEMENT OF DEFECTIVE GOODS OR A REFUND OF THE PRICE PAID THEREFORE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEFOREGOING LIMITED WARRANTY DOES NOT COVER LABOR OR OTHER COSTS OR EXPENSES TO REMOVE OR INSTALL ANY DEFECTIVE OR REPLACED GOODS OR COSTS ASSOCIATED WITH REPAIRS PERFORMED BY ANYONE OTHER THAN SELLER OR ONE OF SELLER’S AUTHORIZED AGENTS. NOTWITHSTANDING THE LIMITED WARRANTY, AND GOODS WHICH MAY BE SOLD BY SELLER THAT ARE NOT MANUFACTURED BY SELLER ARE NOT WARRANTED BY SELLER, BUT ARE SOLD ONLY WITH THE WARRANTIES, IF ANY, OF THE MANUFACTURER THEREOF. THE LIMITED WARRANTY EXTENDS ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWORIGINAL BUYER AND IS VOID IN CASES OF DAMAGE IN TRANSIT, GC EXPRESSLY DISCLAIMS NEGLIGENCE, ABUSE, ABNORMAL USAGE, MISUSE, ACCIDENTS OR IMPROPER MAINTENANCE. THE LIMITED WARRANTY DOES NOT COVER PARTS REPAIRED, MODIFIED OR ADJUSTED OUTSIDE OF SELLER’S FACILITIES. ANY UNAUTHORIZED REPAIR OR MODIFICATION OF THE GOODS VOIDS THE LIMITED WARRANTY. THE LIMITED WARRANTY FOR THE SOFTWAREIS IN LIEU OF ALL OTHER WARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATIONS AS TO THE CAPACITY OR PERFORMANCE OF THE GOODS SOLD HEREUNDER EXCEPT AS SET FORTH IN THE ACKNOWLEDGMENT’S SPECIFICATIONS, IF ANY, AND SUCH REPRESENTATIONS ARE EXPRESSLY CONDITIONED UPON THE CORRECTNESS OF THE DATA FURNISHED BY BUYER AND UPON THE GOODS BEING PROPERLY INSTALLED AND MAINTAINED. SELLER, IN ITS MANUFACTURE AND SALE OF THE GOODS, ASSUMES NO LIABILITY AS TO POSSIBLE INFRINGEMENT OF PATENTS BY VIRTUE OF THE USE OF SAID GOODS IN COMBINATION WITH OTHER PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT OR LOSSES SUSTAINED AS THE IMPLIED WARRANTIES RESULT OF MERCHANTABILITY INJURY (INCLUDING DEATH) TO ANY PERSON, OR FITNESS FOR A PARTICULAR PURPOSE. LOSS OR DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR PROCESSED BY THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE GOODS) AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS BUYER SHALL INDEMNIFY SELLER AGAINST ALL LIABILITY, LOSS, COST OR EXPENSE WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED SUSTAINED BY CONTACTING GC DIRECTLYSELLER ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY. THIS LIMITED WARRANTY LIABILITY OF SELLER TO BUYER, IF ANY HEREUNDER, FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL BE VOID AND NULL IF FAILURE IN NO EVENT EXCEED THE AMOUNT OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION PURCHASE PRICE OF THE SOFTWAREGOODS SOLD WITH RESPECT TO WHICH ANY DAMAGES ARE CLAIMED.

Limited Warranty. GC warrants that: (i) it has We warrant that the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and products will not grant any rights perform substantially in the SOFTWARE to any third party which grant is inconsistent accordance with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyproducts written materials accompanying it. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT THE PRODUCTS ARE PROVIDED IN THE PRECEDING SENTENCE"AS IS." WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING WITHOUT LIMITING THE FOREGOING, WHILE WE MAKE NO WARRANTY OF ANY KIND THAT THE SOFTWARE MAY RUN PRODUCTS, OR ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET YOUR OR OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES,INFORMATION, OR MATERIALS EXCEPT IF AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC TO THE EXTENT EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED SET FORTH IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTAGREEMENT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE ABUSE THIRD-PARTY OWNER OR MISAPPLCATION DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS OR OTHER THIRD-PARTY MATERIALS. FURTHER, WE HAVE MADE NO REPRESENTATION OR STATEMENT AND GIVE NO CONDITION, WARRANTY OR GUARANTEE ABOUT THE SOFTWAREDATES FOR DELIVERY OR RELEASE OF ANY PRODUCTS.

Limited Warranty. GC TSRI hereby represents and warrants that: (i) that it has the full right and power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret. TSRI MAKES NO OTHER WARRANTIES CONCERNING PATENT RIGHTS, copyrightTECHNOLOGY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCERESEARCH TOOLS, BIOLOGICAL MATERIALS OR ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED VALIDITY OR SCOPE OF PATENT RIGHTS, OR THAT ANY PRODUCT, PROCESS, SERVICE, BIOLOGICAL MATERIAL, OR RESEARCH TOOL WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY PATENT RIGHTS, TECHNOLOGY, RESEARCH TOOLS OR BIOLOGICAL MATERIALS COVERED BY APPLICABLE LAWTHIS AGREEMENT. FURTHER, GC EXPRESSLY DISCLAIMS TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE PATENT RIGHTS, RESEARCH TOOLS OR BIOLOGICAL MATERIALS ARE SUITABLE FOR SPONSOR’S PURPOSES. IN NO EVENT SHALL [***] BE LIABLE TO THE OTHER PARTY FOR ANY WARRANTY FOR THE SOFTWAREINDIRECT, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDSPECIAL, EITHER EXPRESS INCIDENTAL, EXEMPLARY OR IMPLIED, CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITY PROFITS OR FITNESS EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR FOR A PARTICULAR PURPOSE. THE ENTIRE RISK INJURY TO PERSONS OR PROPERTY) ARISING OUT OF USE OR PERFORMANCE IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY SPONSOR TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER GROUNDS, AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES, AND DOCUMENTATION REMAINS WITH YOUNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITED THE PARTIES FURTHER AGREE THAT EACH WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH DISCLAIMER, EXCLUSION OF DAMAGES OR OTHER LIMITATION OF LIABILITY HEREIN IS ONLY INTENDED TO RUN BE SEVERABLE AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE INDEPENDENT OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR OTHER PROVISIONS SINCE THEY EACH REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE ABUSE OR MISAPPLCATION OF THE SOFTWAREPARTIES.

Limited Warranty. GC Vivial represents and warrants that: (i) it has to Reseller that Vivial will provide the full power to enter into this Agreement and grant Vivial Services in connection with the license rights set forth herein; (ii) it has not granted and will not grant any rights Orders in the SOFTWARE same manner as Vivial provides the Vivial Services to any third party which grant is inconsistent with other customers at the rights granted to You in this Agreement; same level and (iii) the SOFTWARE does not and will not infringe any trade secrettype of service. THE SERVICES AND ALL UNDERLYING COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. VIVIAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyERROR-FREE OR COMPLETELY SECURE. EXCEPT AS OTHERWISE PROVIDED UNLESS EXPRESSLY SET FORTH IN THE PRECEDING SENTENCEAGREEMENT, VIVIAL MAKES NO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWAREREPRESENTATION, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” WARRANTY, CONDITION WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. , TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO THE ENTIRE RISK ARISING OUT SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. VIVIAL RESERVES THE RIGHT TO REMOVE CUSTOMER CONTENT OR PERFORMANCE DECLINE ANY SERVICE TO THE EXTENT THE CUSTOMER CONTENT OR CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION REMAINS SERVICE DOES NOT COMPLY WITH YOUTHE TERMS OF THE AGREEMENT, ANY APPLICABLE LAWS OR VIVIAL EDITORIAL STANDARDS OR THOSE OF VIVIAL’S VENDORS; PROVIDED, HOWEVER, THAT RESELLER MAY NOT EXPRESSLY OR IMPLIEDLY RELY UPON VIVIAL’S APPROVAL TO SUPPORT ITS COMPLIANCE WITH ANY APPLICABLE LAW, RULE OR REGULATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE NOTHING CONTAINED IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTFOREGOING SHALL SHIFT THE ULTIMATE LEGAL OR REGULATORY COMPLIANCE OBLIGATION IN ANY MANNER WHATSOEVER FROM RESELLER, WHICH OR ANY CUSTOMER, TO VIVIAL, IT BEING MUTUALLY INTENDED THAT SUCH OBLIGATION IS AND SHALL REMAIN SOLELY WITH RESELLER. VIVIAL IS NOT PERMITTED TO PROVIDE, AND DOES NOT PROVIDE, LEGAL ADVICE, AND RESELLER IS SOLELY RESPONSIBLE FOR COMPLIANCE OF ANY RESELLER PROVIDED ADVERTISING AND USE OF THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORTSERVICES IN COMPLIANCE WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND PROFESSIONAL RULES AND REGULATIONS APPLICABLE TO THE CUSTOMER AND CUSTOMER'S EMPLOYEES, CONTRACTORS AND REPRESENTATIVES. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE RECORDED CALLS MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX MEET HIPAA REQUIREMENTS AND MAY NOT BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREPRIVILEGED UNDER APPLICABLE LAW.

Limited Warranty. GC warrants that: Consultant warrants, for a period of thirty (i30) days following delivery of any services hereunder (the “Warranty Period”) that all Services will be performed in a professional manner and in accordance with generally applicable industry standards. Consultant’s sole liability (and Company’s exclusive remedy) for any breach of this Warranty shall be for Consultant to re-perform any deficient services, or, if Consultant is unable to remedy such deficiency within thirty (30) days, to void the invoice for the deficient services. Consultant shall have no obligation with respect to any Warranty claim if (1) it has is notified of such claim after the full power to enter into this Agreement and grant the license rights set forth herein; Warranty Period or (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii2) the SOFTWARE does not and will not infringe any trade secretclaim is the result of third-party hardware or software or equipment, copyrightthe actions of Company, trademark or the actions or omissions of some other proprietary right held party or is otherwise caused by any third party and does not infringe any patent held by any third partyfactors outside the reasonable control of Consultant. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCETHIS SECTION IS A LIMITED WARRANTY, AND TO SETS FORTH THE MAXIMUM EXTENT PERMITTED ONLY WARRANTIES MADE BY APPLICABLE LAWCONSULTANT. CONSULTANT MAKES NO OTHER WARRANTIES, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGWHETHER WRITTEN OR ORAL, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATIONLIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. , NONINFRINGEMENT, OR THOSE ARISING FROM THE ENTIRE RISK ARISING OUT COURSE OF USE PERFORMANCE, DEALING, USAGE OR TRADE, OR ANY WARRANTIES REGARDING THE PERFORMANCE OF THE ANY SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR HARDWARE PROVIDED OR INSTALLED BY CONSULTANT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU COMPANY MAY HAVE OTHERS WHICH VARY FROM STATE OTHER STATUTORY RIGHTS; HOWEVER, TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERFULL EXTENT PERMITTED BY LAW, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTDURATION OF STATUTORILY REQUIRED WARRANTIES, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGIF ANY, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF LIMITED TO THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREWARRANTY PERIOD. Consultant will pass along to the Company any third-party warranties relating to any goods purchased and/or installed by Consultant on Company’s premises and/or equipment.

Limited Warranty. GC warrants that: (i) Armor represents that it has will provide the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights Services in the SOFTWARE to any third party which grant is inconsistent a professional manner in accordance with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyindustry standards. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY ARMOR DISCLAIMS ANY WARRANTY FOR THE SOFTWAREAND ALL WARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGRELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ARMOR SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OPERATION OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUSERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERFURTHER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY ARMOR MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSREPRESENTATIONS OR WARRANTIES CONCERNING, APPLICATIONS AND/AND WILL HAVE NO LIABILITY WITH RESPECT TO, THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR CONTAINERS COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED ERROR OR EVENT CAUSED OR PERMITTED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF OR INTRODUCED THROUGH THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTINTERNET, THE INFRASTRUCTURE PLATFORM, OR THE ABUSE SERVERS UPON WHICH THE SERVICES ARE PROVIDED. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE FIREWALL, PASSWORD AND OTHER SECURITY MEASURES TO PROTECT YOUR SYSTEMS, DATA AND APPLICATIONS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR MISAPPLCATION BY OTHER MEANS. IN ADDITION, YOU ACKNOWLEDGE THAT THIS AGREEMENT CONVEYS NO WARRANTIES, EXPRESS OR IMPLIED, BY ANY THIRD-PARTY VENDORS OF SOFTWARE PRODUCTS MADE AVAILABLE TO YOU BY ARMOR AND THAT THOSE VENDORS DISCLAIM ANY AND ALL LIABILITY, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM THE SOFTWARESERVICES.

Limited Warranty. GC Red Canary warrants that: that the Services (i) it has will materially conform to their descriptions in the full power to enter into this Agreement Order Form, and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does do not and will not infringe contain any trade secretmalicious computer code, copyrightviruses, trademark worms, malware, advanced persistent threats, or other proprietary right held by any third party and does not infringe any patent held by any third partytargeted attacks. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY RED CANARY MAKES NO OTHER WARRANTY TO YOU OR ANY OTHER PARTY, AND HEREBY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER ALL OTHER WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE SERVICES, INCLUDINGANY OTHER SERVICES, OR ANY THIRD-PARTY SOFTWARE INCLUDING WITHOUT LIMITATION, THE IMPLIED LIMITATION WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ABSENCE OF HIDDEN DEFECTS, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK ARISING OUT OF SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOPERATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS RED CANARY DOES NOT WARRANT THAT THE SERVICES OR THE THIRD-PARTY SOFTWARE LICENSED HEREWITH WILL OPERATE WITHOUT INTERRUPTION, WILL BE FREE OF DEFECTS, OR WILL DETECT OR PREVENT ALL INTRUSIONS, VULNERABILITIES TO INTRUSION OR ATTACK, UNAUTHORIZED ACTIVITY, ERRORS, OR DATA THEFT OR DESTRUCTION. THE SERVICES AND THE THIRD-PARTY SOFTWARE DO NOT PROVIDE A GUARANTEE OR WARRANTY OF PROTECTION, DETECTION, OR ACCURATE ANALYSIS OF SECURITY THREATS, AS NO THREAT DETECTION IS ONLY INTENDED FAIL SAFE. EXCEPT TO RUN AND OPERATE THE EXTENT AN ORDER FORM INCLUDES A SUBSCRIPTION TO RED CANARY ACTIVE REMEDIATION, RED CANARY IS NOT RESPONSIBLE FOR TAKING ANY ACTIONS IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT YOUR ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGINCLUDING WITHOUT LIMITATION INCIDENT CONTAINMENT, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTREMEDIATION, OR RESPONSE, IN RESPONSE TO ALERTS AND OTHER DATA PROVIDED BY THE ABUSE OR MISAPPLCATION OF THE SOFTWARESERVICES.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretXXXXXXX WARRANTS THAT THE EQUIPMENT IT MANUFACTURES, copyrightWHEN USED IN ACCORDANCE WITH THE DIRECTIONS ON THE LABELING, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IS FIT FOR THE PURPOSES AND INDICATIONS DESCRIBED IN THE PRECEDING SENTENCELABELING FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PURCHASE. UNLESS EQUIPMENT IS USED IN ACCORDANCE WITH ITS INSTRUCTIONS, THESE WARRANTIES ARE VOID AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOF NO EFFECT. THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, GC EXPRESSLY DISCLAIMS INCLUDING ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXXX’ SOLE OBLIGATION AND PURCHASER’S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY SHALL BE, AT XXXXXXX’ OPTION, TO REPAIR OR REPLACE THE ENTIRE RISK ARISING OUT EQUIPMENT. XXXXXXX SHALL NOT BE LIABLE FOR PROXIMATE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. XXXXXXX SHALL NOT BE OBLIGATED UNDER THIS WARRANTY TO REPAIR OR REPLACE A DAMAGED OR MALFUNCTIONING EQUIPMENT IS SUCH DAMAGE OR MALFUNCTION IS CAUSED BY THE PURCHASER’S USE OF USE CATHETERS, FINGER CUFFS, OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS SENSORS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED THOSE MANUFACTURED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREXXXXXXX.

Limited Warranty. GC warrants that: Licensor warrants, for your benefit alone, for a period of ninety (i90) it has days from the full power date of your purchase of the Program pursuant to enter into this License Agreement (referred to as the "Warranty Period") that the Program CD-ROM on which the Program is delivered are free from defects in material and grant xxxxxxx ship. If during the license rights set forth herein; (ii) it has not granted and will not grant any rights Warranty Period, a defect in the SOFTWARE Program CD-ROM appears, you may return the Program to Licensor for replacement. LICENSOR DOES NOT WARRANT T HAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE PROGRAM WIL L BE UNINTERRUPTED OR THAT THE PROGRAM WILL BE ERROR FREE OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY R EPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TER MS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFOR MATION OR ADVICE GIVEN BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE OR DEALER OF LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE XXXXXX XX PROVIDED FOR HEREIN. You agree that the foregoing constitutes your sole and e xclusive remedy for breach by Licensor of any third party which grant is inconsistent with the rights granted to You in warranties made under this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyAgreeme nt. EXCEPT AS OTHERWISE PROVIDED IN FOR THE PRECEDING SENTENCEWARRANTIES SET FORTH ABOVE, THE PROGRAM, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSOFTWARE CON TAINED THEREIN, GC EXPRESSLY ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY WARRANTY FOR THE SOFTWAREAND ALL OTHER W ARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDWHETHER EXPRESS, EITHER EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT PURPOSE OR NON-INFRINGEMENT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUTHIRD PARTY RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. R IGHTS, AND YOU MAY HAVE OTHERS OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC TouchStar warrants that: that (a) with regard to the TouchStar Software, (i) it has TouchStar will convey good title to the full power to enter into this Agreement TouchStar Software free and grant the license rights set forth herein; clear of any claims, liens, security agreements or other encumbrances and (ii) it has not granted and for a period of ninety (90) days after delivery, the TouchStar Software will not grant any rights perform in the SOFTWARE to any third party which grant is inconsistent all material respects with the rights granted specifications contained in TouchStar's technical literature with regard to You the TouchStar Software, (b) the Support Services will be provided in this Agreement; a good and workmanlike manner consistent with industry practices, and (iiic) with regard to call center systems installed by TouchStar, (i) TouchStar will convey good title to the call center system free and clear of any claims, liens, security agreements or other encumbrances and (ii) the SOFTWARE does not call center system will be installed in a good and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyworkmanlike manner substantially in conformance with the Specifications. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 6.4, TOUCHSTAR DOES NOT WARRANT THE PRECEDING SENTENCETOUCHSTAR SOFTWARE OR SUPPORT SERVICES, AND TO OR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY INSTALLATION OF ANY KINDCALL CENTER SYSTEM, EITHER TO RESELLER, ANY OTHER RESELLER OR ANY CUSTOMER. TOUCHSTAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGRELATING THERETO. TOUCHSTAR IS UNAWARE OF THE USE OF ANY CALL CENTER SYSTEM INSTALLED BY TOUCHSTAR. TOUCHSTAR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER WITH REGARD TO THE USE OF ANY CALL CENTER SYSTEM, WITHOUT LIMITATIONINCLUIDNG WHETHER THE USE OF THE CALL CENTER SYSTEM CONFORMS TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS. RESELLER BEARS SOLE RESPONSIBILITY TO DETERMINE WHETHER THE USE OF A CALL CENTER SYSTEM BY A CUSTOMER COMPLIES WITH APPLICABLE FEDERAL STATE AND LOCAL LAWS. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TOUCHSTAR HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO REQUIRED BY SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREAPPLICABLE LAW.

Limited Warranty. GC Rensselaer hereby represents and warrants that: (i) that it has the full right and power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret. RENSSELAER MAKES NO OTHER WARRANTIES CONCERNING RENSSELAER PATENT RIGHTS OR RENSSELAER TRADEMARK RIGHTS COVERED BY THIS AGREEMENT, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO RENSSELAER PATENT RIGHTS OR RENSSELAER TRADEMARK RIGHTS OR ANY LICENSED PRODUCT. RENSSELAER MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF RENSSELAER PATENT RIGHTS OR RENSSELAER TRADEMARK RIGHTS, OR THAT ANY LICENSED PRODUCT WILL BE FREE FROM AN INFRiNGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD) PARTIES ARE IN ANY WAY INFRJNG~NG RENSSELAER PATENT RIGHTS OR RENSSELAER TRADEMARK RIGHTS COVERED BY THIS AGREEMENT. RENSSELAER’S ENTIRE RISK ARISING LIABILITY AND LICENSEE”S EXCLUSIVE REMEDY FOR ANY CLAIMS, COSTS, LOSSES, DAMAGES OF ANY KIND OR ANY OTHER CAUSE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF LICENSEE FEES PAID HEREUNDER BY LICENSEE. IN NO EVENT SHALL RENSSELAER BE RESPONSIBLE TO LICENSEE FOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISiNG OUT OF OR IN CONNECTION WITH THE MANUFACTURE, USE OR PERFORMANCE SALE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. LICENSED PRODUCTS OR THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREAGREEMENT.

Limited Warranty. GC All sales are final. Seller warrants that: (i) it has that Goods manufactured by Seller and supplied hereunder and which not subject to Specifications will be free from defects in materials and workmanship under normal conditions of use and service for a period of 24 months from the full power date of shipment unless otherwise agreed to enter into this Agreement and grant by the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyparties. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES EXTENDED BY SELLER WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWGOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, OR CUSTOM OR TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL NOT THE PURPOSE OR APPLICATIONUSE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS OR DRAWINGS, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND WHETHER OR NOT THE GOODS ARE SPECIFICALLY DESIGNED AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS MANUFACTURED FOR WHICH DIFFERENT LICENSING TERMS MAY APPLYBUYER’S USE OR PURPOSE. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF SELLER AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID VALID ONLY WITH RESPECT TO SALES MADE BY SELLER IN CANADA. 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 GUARANTEE WHATSOEVER WITH RESPECT TO SALES OR PURCHASES THROUGH UNAUTHORIZED SALES CHANNELS. THE SOLE AND NULL IF FAILURE EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER SHALL BE LIMITED, AT SELLER’S ELECTION, TO REPAIR OR REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, GOODS OR THE ABUSE REPAYMENT OR MISAPPLCATION CREDIT OF THE SOFTWAREPURCHASE PRICE FOR GOODS. All Goods claimed to be non-conforming or defective shall be held for inspection by Seller. Seller’s warranty obligation shall be conditioned on the following being met: (i) Buyer notifies Seller in writing within three days after Buyer actually or constructively knows of the Goods’ defect or non-conformity; (ii) Seller will not accept any returned Goods without a returned goods authorization (RGA) number to be provided by Seller, and which may be withheld at Seller's sole discretion; (iii) the Goods are returned no later than 10 days following the last day of the warranty period in accordance with Seller’s specifications, securely packaged to reach Seller without damage; (iv) Buyer has remitted full payment of all monies due to Seller and is not in breach of the Agreement; (v) Seller’s examination of the Goods discloses that no defect or non- conformity has been caused by misuse, abuse, or neglect; improper installation, repair, maintenance, application, or alteration; damage by casualty accident or negligence in use, storage, transportation, or handling; or by the Goods’ incompatibility with other equipment or components used by Buyer; (vi) the Goods were sold by Seller and, if not installed by Seller, properly installed by one of Seller’s authorized distributors; and (vii) Buyer provides all reasonable assistance requested by Seller, including but not limited to, in settling or defending against any claim or suit. Failure to comply with the foregoing shall be an absolute and unconditional waiver of the limited warranties provided hereunder and Buyer’s claim of non-conformance or defect. Seller shall have a reasonable period of time to make the necessary repairs or to replace the Goods. Repairs and replacement shall take place at Seller’s primary place of business in the state where the Goods were delivered or at any other location that Seller may specify in its discretion. Buyer acknowledges and agrees that Seller may utilize new or refurbished parts in connection with the supply or exchange of spare equipment for Buyer and Buyer shall not be entitled to demand the delivery of new parts. Any returned Goods shall be the sole and exclusive property of the Seller. Buyer has an obligation to mitigate any damages related to integration of defective or non- conforming Goods. If Buyer has knowledge or suspicion that any Goods are defective or non- conforming or Seller has advised Buyer of such and Buyer uses such defective or non-conforming Goods, Seller shall have no liability for any damages incurred. Any repair to or alteration of Goods must be authorized in writing by Seller beforehand to prevent voiding Seller’s warranty. SELLER’S LIABILITY TO BUYER OR BUYER’S CUSTOMERS SHALL NOT INCLUDE INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, CONTINGENT OR PUNITIVE DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES. SELLER’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE AGREEMENT, GOODS OR ANY SERVICES PROVIDED BY SELLER SHALL NOT EXCEED THE FEES PAID BY BUYER FOR THE GOODS.

Limited Warranty. GC FMI warrants that: for a period of ninety (i90) it has days from your date of purchase that the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and Software as provided by FMI will not grant any rights perform substantially in the SOFTWARE to any third party which grant is inconsistent accordance with the rights granted accompanying documentation. FMI's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at FMI's option, replacement of the Software, refund of the purchase price, or repair or replacement of the Software which is returned to You in this Agreement; and (iii) FMI or an FMI authorized representative with a copy of the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyreceipt. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY FMI AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDFMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIEDIMPLIED (WHETHER COLLATERALLY, INCLUDINGBY STATUTE OR OTHERWISE), WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, THE IMPLIED WARRANTIES CONDITIONS OR OTHER TERMS OF MERCHANTABILITY MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS FMI DOES NOT WARRANT THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. NO ORAL OR MISAPPLCATION WRITTEN INFORMATION OR ADVICE GIVEN BY FMI OR AN FMI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE SOFTWAREABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FMI'S NEGLIGENCE.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights Other than as expressly set forth herein; (ii) it has not granted in these Terms and will not grant any rights in Conditions and the SOFTWARE Schedules attached hereto, Genaissance makes no representations, warranties or guarantees regarding the Assay Data supplied by Genaissance to any third party which grant is inconsistent with Client, or the rights granted to You in this Agreement; and (iii) use of, or the SOFTWARE does not and will not infringe any trade secretresults of the use of such Assay Data, copyrightor the performance of the Services. GENAISSANCE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Client’s exclusive remedy under Genaissance’s warranty is, at Genaissance’s sole option, a credit for or re-performance of the Services in question. IN NO EVENT WILL GENAISSANCE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR PROPERTY DAMAGE SUSTAINED BY CUSTOMER FROM THE ENTIRE RISK ARISING OUT USE OF OR INABILITY TO USE OR PERFORMANCE ANY ASSAY DATA, EVEN IF GENAISSANCE HAS BEEN ADVISED OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUPOSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE AS TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED ANY GENAISSANCE LIABILITY NOT LEGALLY SUBJECT TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE GENAISSANCE’S MAXIMUM LIABILITY WILL NOT EXCEED THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION AGGREGATE AMOUNT PAID BY CLIENT TO GENAISSANCE FOR THE SERVICES IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREQUESTION.[**]

Limited Warranty. GC The Regents warrants that: (i) that it has the full power lawful right to enter into grant this Agreement license to Licensee. This License and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION associated Work are provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THE ENTIRE RISK ARISING OUT REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT ANY LICENSED PRODUCT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT. Nothing in this Agreement will be construed as: • A warranty or representation by The Regents as to the validity or scope of any Regents' Patent or Copyright Rights: o A warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents or copyrights of third parties. o Obligating The Regents to bring or prosecute actions or suits against third parties for copyright or patent infringement. o Conferring by implication, estoppel or otherwise any license or rights under any intellectual property of The Regents other than Regents' Copyright Rights as defined herein. o Obligating The Regents to furnish any know-how not provided in Regents' Copyright Rights. THE REGENTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE OR THE USE OR PERFORMANCE OF THE SOFTWARE WORK OR LICENSED PRODUCTS. THE REGENTS WILL NOT BE LIABLE FOR ANY CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT BREACH OF WARRANTY) EVEN IF THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE REGENTS HAS BEEN ADVISED OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION POSSIBILITY OF THE SOFTWARESUCH DAMAGES.

Limited Warranty. GC Claris warrants that: for a period of ninety (i90) it has days from the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights initial Contract Date stated in the SOFTWARE Claris Contract system that the Software as provided by Claris will substantially conform to the published specifications for the Software available from Claris. Claris entire liability and Licensee’s sole and exclusive remedy for any third party which grant is inconsistent with breach of the rights granted to You in this Agreement; and (iii) foregoing limited warranty will be, at the SOFTWARE does not and will not infringe any trade secretoption of Claris, copyrightreplacement of the media, trademark refund of the purchase price, or other proprietary right held by any third party and does not infringe any patent held by any third partyrepair or replacement of the Software. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY XXXXXX AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS CLARIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERWILL MEET LICENSEE’S REQUIREMENTS, GC REPRESENTS OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Xxxxxx DOES NOT WARRANT OR MISAPPLCATION MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWAREUSE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, OR AN AUTHORIZED REPRESENTATIVE OF CLARIS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

Limited Warranty. GC 2Ring warrants that: solely to Customer that the Services shall be performed in a professional and workmanlike manner (i“2Ring Services Limited Warranty”). Customer’s sole and exclusive remedy and 2Ring’s entire liability for a breach of the 2Ring Services Limited Warranty will be for 2Ring to use commercially reasonable efforts to re-perform the nonconforming 2Ring Services; provided that Customer notifies 2Ring in writing of the nonconformity within thirty (30) it has days of the full power to enter into this Agreement and grant performance of such 2Ring Services along with a description of the license rights set forth herein; (ii) it has not granted and nature of the nonconformity. Any such re-performance will not grant extend the 2Ring Services Limited Warranty. Notwithstanding the foregoing, 2Ring shall have no liability or obligation for any rights services provided by anyone who is not authorized in writing by 2Ring to provide the 2Ring Services. 2Ring Products and related documentation are only subject to the warranty (if any) in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this 2Ring Licensed Product Agreement or 2Ring Cloud Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyas applicable. EXCEPT AS OTHERWISE PROVIDED FOR THE EXPRESS WARRANTY STATED IN THIS SECTION 9 AND ANY EXPRESS WARRANTY STATED IN THE PRECEDING SENTENCE2RING LICENSED PRODUCT AGREEMENT OR 2RING CLOUD AGREEMENT, AS APPLICABLE, ALL 2RING SERVICES, 2RING PRODUCTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE DELIVERABLES ARE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDING, WITHOUT LIMITATION, OR STATUTORY. 2RING EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTSATISFACTORY PURPOSE, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGTITLE, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLYINFRINGEMENT, ACCURACY, COMPLETENESS, INTEGRATION, COURSE OF CONDUCT, AND COURSE OF DEALING. SUCH LICENSING TERMS ARE PURCHASER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES NOT INCLUDED EXPRESSLY SET FORTH OR EXPRESSLY REFERENCED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARESECTION 9.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights Except as set forth herein; (ii) otherwise in the Strategic Alliance Agreement, Selling Party’s limited warranty for each Selling Party Product and Selling Party Service is made solely to the applicable Customer who has obtained the applicable Selling Party Product or Selling Party Service and is as stated in the License. Reselling Party covenants and agrees that it has not granted and will not grant attempt to make or pass on to Customers any rights warranty or representation on behalf of Selling Party or Selling Party’s licensors, other than the limited warranty contained in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyLicense. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, ACTIVE/96105181.2 [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORTCONFIDENTIAL TREATMENT HAS BEEN REQUESTED. NOTWITHSTANDING ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE FOREGOINGSECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, WHILE THE SOFTWARE MAY RUN AS AMENDED Schedule A Customer License Agreements PTC Licenses for PTC Products are available at xxxxx://xxx.xxx.xxx/en/documents/legal-agreements RA Licenses for RA Products are available at xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/global/xxxxxx.xxxx?pagetitle=End-User-License-Agreement&ontent type=legal&docid=610342306d3230fdefacbae6a19a0c7a Exhibit D; Page 4 ACTIVE/96105181.2 [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLYCONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF THE SOFTWARE TO PERFORM SUBSTANTIALLY 1933, AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.AMENDED EXHIBIT E FINANCIAL COMMITMENT EXHIBIT

Limited Warranty. GC Duke Energy warrants that: (i) it has that Work performed by Duke Energy’s service technicians will be performed in a safe and professional manner in accordance with all applicable laws. In the full power event that any Work performed is found to enter into this Agreement be defective and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretCustomer notifies Duke Energy of such defect, copyrightDuke Energy shall repair or replace such defective Work at Duke Energy’s expense. THE REPAIR OR REPLACEMENT OF SUCH DEFECTIVE WORK IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyAND DUKE ENERGY’S ENTIRE LIABILITY UNDER THIS SERVICE AGREEMENT FOR ANY FAILURE OF DUKE ENERGY TO COMPLY WITH DUKE ENERGY’S OBLIGATIONS. OTHER THAN ITS OBLIGATION TO MAKE REASONABLE EFFORTS TO MAINTAIN THE CHARGING EQUIPMENT WHILE CUSTOMER PARTICIPATES IN THE PROGRAM, DUKE ENERGY IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CHARGING EQUIPMENT OR THAT THE CHARGING EQUIPMENT WILL OPERATE ERROR FREE, AND DUKE ENERGY HEREBY DISCLAIMS ANY RESPONSIBILITY OR WARRANTY FOR THE CHARGING EQUIPMENT. EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THE PRECEDING SENTENCETHIS ARTICLE 13, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY DUKE ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, DUKE ENERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGAS TO THE WORK OR CHARGING EQUIPMENT, WITHOUT LIMITATION, THE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT PURPOSE OR NONINFRINGEMENT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL INTELLECTUAL PROPERTY RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: (i) Armor represents that it has will provide the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights Services in the SOFTWARE to any third party which grant is inconsistent a professional manner in accordance with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyindustry standards. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY ARMOR DISCLAIMS ANY WARRANTY FOR THE SOFTWAREAND ALL WARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGRELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ARMOR SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OPERATION OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUSERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERFURTHER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY ARMOR MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSREPRESENTATIONS OR WARRANTIES CONCERNING, APPLICATIONS AND/AND WILL HAVE NO LIABILITY WITH RESPECT TO, THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR CONTAINERS COMPLETENESS OF DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED ERROR OR EVENT CAUSED OR PERMITTED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF OR INTRODUCED THROUGH THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTINTERNET, THE INFRASTRUCTURE PLATFORM, OR THE ABUSE SERVERS UPON WHICH THE SERVICES ARE PROVIDED. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE FIREWALL, PASSWORD AND OTHER SECURITY MEASURES TO PROTECT YOUR SYSTEMS, DATA AND APPLICATIONS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR MISAPPLCATION BY OTHER MEANS. IN ADDITION, YOU ACKNOWLEDGE THAT THIS AGREEMENT CONVEYS NO WARRANTIES, EXPRESS OR IMPLIED, BY ANY THIRD-PARTY VENDORS OF SOFTWARE PRODUCTS MADE AVAILABLE TO YOU BY ARMOR AND THAT THOSE VENDORS DISCLAIM ANY AND ALL LIABILITY, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM THE SOFTWARESERVICES.

Limited Warranty. GC warrants that: Buyer acknowledges that Xxxxx has been afforded the opportunity to review Seller’s limited warranty the (i) “Limited Warranty”), which is incorporated by reference herein, prior to execution of this Agreement. Xxxxx also acknowledges that it has received a copy of the full power Limited Warranty, and further agrees to enter into this Agreement and grant accept the license rights set forth herein; (ii) it has not granted and will not grant any rights in Limited Warranty as the SOFTWARE sole warranty being given to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyBuyer. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWDWELLING HOUSE. NO IMPLIED WARRANTY (WHETHER OF MERCHANTABILITY, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWAREHABITABILITY, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE) IS GIVEN ON ANY PORTIONS OF THE DWELLING HOUSE OTHER THAN CONSUMER PRODUCTS. XXXXXX HAS NOT AUTHORIZED ANY PERSON TO MODIFY THE TERMS OF THE WARRANTIES DESCRIBED HEREIN. SELLER ASSUMES NO LIABILITY OR OBLIGATIONS ON ACCOUNT OF REPRESENTATIONS MADE BY ANY OTHER PERSON. THE ENTIRE RISK ARISING OUT OBLIGATIONS OF USE SELLER ARE LIMITED SOLELY TO THE REPAIR OR PERFORMANCE REPLACEMENT OF THE SOFTWARE DEFECTIVE COMPONENT AND DOCUMENTATION REMAINS WITH YOUDO NOT EXTEND TO ANY DAMAGE OR HARM RESULTING THEREBY OR THEREFROM. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIONAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF SHELTER, TRANSPORTATION, FOOD, MOVING, STORAGE OR OTHER INCIDENTAL EXPENSES RELATED TO RELOCATION DURING REPAIR OR ANY OTHER COSTS DUE TO LOSS OF USE, INCONVENIENCE OR ANNOYANCE, OR ANY PERSONAL INJURIES ARSING FROM A BREACH OF ANY OF THE LIMITED WARRANTIES DESCRIBED IN THIS AGREEMENT. IF ANY DEFECT IS DISCOVERED DURING THE APPLICABLE WARRANTY PERIOD, SELLER SHALL HAVE THE EXCLUSIVE RIGHT TO DETERMINE WHETHER THE DEFECT SHALL BE CORRECTED BY REPAIR, ADJUSTMENT OR REPLACEMENT. NO LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE CONTAINED HEREIN COVERS A DEFECTIVE PORTION OF THE DWELLING HOUSE THAT HAS BEEN SUBJECT TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERMISUSE, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS ALTERATION OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS ACCIDENTAL DAMAGE (CAUSED BY PERSONS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE SELLER’S EMPLOYEES AND AGENTS) OR HAS NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREBEEN AFFORDED REASONABLE CARE.

Limited Warranty. GC warrants that: 7.1 Notwithstanding statements provided to Buyer by NCS pursuant to an Acknowledgment, or the terms of any written contract, or unless otherwise specified by NCS in writing (i) it has “Warranty Period”), no warranty is provided for Products sold or otherwise provided to Buyer by NCS hereunder. NCS coordinates the full power manufacturer's warranty for such products, if any, to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE Buyer without recourse to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE NCS. NCS does not and will not infringe adopt any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partymanufacturer warranty. EXCEPT AS FOR AN EXPRESS WARRANTY OTHERWISE PROVIDED FURNISHED BY NCS UNDER A SEPARATE DOCUMENT OR THE EXPRESS WARRANTIES SET FORTH ABOVE IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDTHIS SECTION 4.1. THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED. NCS DISCLAIMS AND EXCLUDES ANY AND ALL WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PARTICLE PURPOSE, AGAINST INFRINGEMENT AND THE LIKE, AND ANY AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK ARISING OUT IN NO EVENT SHALL NCS BE LIABLE FOR LOSS OF USE OR PERFORMANCE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURIES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED ON PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT IS NOT RELYING ON NCS'S SKILL OR JUDGMENT TO SELECT OR FURNISH SUITABLE GOODS FOR BUYER. NCS MERELY COORDINATES THE WARRANTIES OFFERED BY THE MANUFACTURER OF THE SOFTWARE PRODUCTS SOLD AND DOCUMENTATION REMAINS WITH YOUDOES NOT ADOPT SUCH WARRANTIES, NOR DOES IT CREATE ANY ADDITIONAL WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY NOTHING HEREIN SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY CONSTRUED AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTNCS ADOPTING ANY MANUFACTURER WARRANTY. NCS shall not be responsible for delays in performance or claims for damages whatsoever resulting from delays at manufacturing plants, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREtransportation, inability to obtain materiel or services, or due to strike, fires, flood, storms, war, insurrections, riots, any government regulation, order act or instruction, or any other circumstance beyond NCS's reasonable control, and Buyer's acceptance of goods and/or services shall constitute a waiver of any claims for damages due to such delay.

Limited Warranty. GC Pluribus warrants that: only to Customer that the Support Services will be performed with at least the same degree of skill and competence normally practiced by Pluribus-trained technical support engineers performing the same or similar services. Customer’s sole and exclusive remedy, and Xxxxxxxx’ entire liability, for any breach of the foregoing warranty shall be for Pluribus to re-perform, in a conforming manner, any nonconforming Support Services that are reported to Pluribus by Customer in writing within sixty (i60) it has days after the full power to enter into this Agreement and grant date of the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partycompletion of such Services. EXCEPT AS OTHERWISE PROVIDED EXPRESSLY SET FORTH IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED PARAGRAPH OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION SUPPORT SERVICES AND ANYTHING ELSE ALL MATERIALS FURNISHED TO CUSTOMER UNDER THIS AGREEMENT ARE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “‘AS IS” CONDITION ’ WITHOUT WARRANTY OF ANY KIND. PLURIBUS AND ITS SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR GUARANTEES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY, WITHOUT LIMITATIONWITH RESPECT TO THE SUPPORT SERICES AND ANY MATERIALS FURNISHED HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. THE ENTIRE RISK ARISING OUT OF USE CUSTOMER ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANT OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE REPRESENTATION OTHER THAN XXXX SET FORTH IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREPRECEDING PARAGRAPH.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS THE SERVICES ARE PROVIDED WITHOUT WARRANTY. XXXXXX DOES NOT MAKE ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIEDIMPLED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NONIFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF ANY KNOWLEDGE OF CLIENT'S SPECIFIC NEEDS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED BY APPLICABLE LAW, THEN ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS AFTER DELIVERY OF THE SERVICES. 13. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, EACH PARTY'S MAXIMUM LIABILITY FOR DAMAGES TO THE OTHER PARTY IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES HEREUNDER, WHETHER IN CONTRACT OR IN TORT (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), WILL NOT EXCEED THE IMPLIED WARRANTIES AGGREGATE AMOUNT OF MERCHANTABILITY ACTUAL SERVICES PURCHASED BY CLIENT UNDER THE APPLICABLE PURCHASE DOCUMENTS. IN NO EVENT, WHETHER BASED IN CONTRACT OR FITNESS TORT (INCLUDING NEGLIGENCE), WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR A PARTICULAR PURPOSE. THE ENTIRE RISK INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS, OR LOST OR CORRUPTED DATA ARISING OUT OF USE OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARESERVIES UNDER THESE TERMS.

Limited Warranty. GC TSRI hereby represents and warrants that: (i) that it has the full right and power to enter into this Agreement and grant that the license rights set forth herein; (ii) it has not granted and will not grant any rights Licensed Patent Rights have been prosecuted in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretgood faith by TSRI. TSRI MAKES NO OTHER WARRANTIES CONCERNING LICENSED PATENT RIGHTS OR ANY OTHER MATTER WHATSOEVER, copyrightINCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEFITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND TSRI DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE MAXIMUM EXTENT PERMITTED VALIDITY OR SCOPE OF LICENSED PATENT RIGHTS, OR THAT ANY LICENSED PRODUCT OR LICENSED SERVICE WILL BE FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING UPON ANY LICENSED PATENT RIGHTS COVERED BY APPLICABLE LAWTHIS AGREEMENT. FURTHER, GC EXPRESSLY DISCLAIMS TSRI HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE LICENSED PATENT RIGHTS ARE SUITABLE FOR LICENSEE’S PURPOSES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY WARRANTY FOR THE SOFTWAREINDIRECT, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDSPECIAL, EITHER EXPRESS INCIDENTAL, EXEMPLARY OR IMPLIED, CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES DAMAGES FOR LOSS OF MERCHANTABILITY PROFITS OR FITNESS EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR FOR A PARTICULAR PURPOSE. THE ENTIRE RISK INJURY TO PERSONS OR PROPERTY) ARISING OUT OF USE OR PERFORMANCE IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. TSRI’S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE TO TSRI UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER GROUNDS, AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES, AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF ANY FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION ESSENTIAL PURPOSE OF THE SOFTWAREANY LIMITED REMEDY.

Limited Warranty. GC warrants that: (i) it has Subject to the full power specific terms applicable to enter into this Agreement and grant the license rights IP Voice Service set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; , Eastex will use reasonable efforts to provide Services and (iii) the SOFTWARE does not and will not infringe any trade secretEquipment in accordance with prevailing industry standards. EASTEX MAKES NO OTHER WARRANTIES CONCERNING THE SERVICES OR ANY EQUIPMENT PROVIDED HEREUNDER, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURPOSE OR USE AND ANY WARRANTIES REGARDING THE ENTIRE RISK ARISING OUT OF USE DESIGN, CONDITIONS OF, OR PERFORMANCE QUALITY OF THE SOFTWARE MATERIAL OR WORKMANSHIP OF ANY SERVICES OR EQUIPMENT. IN NO EVENT WILL EASTEX BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS, OR LOSS OF PROFITS, ARISING IN ANY MANNER FROM THIS AGREEMENT AND DOCUMENTATION REMAINS WITH YOUTHE PERFORMANCE OR NONPERFORMANCE OF EASTEX’S OBLIGATIONS HEREUNDER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF EASTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE CUSTOMER’S SOLE REMEDY RELATED TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS ANY DEFECT OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE SERVICES IS LIMITED TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION A REFUND OF THE SOFTWAREPRO RATED PORTION OF THE MONTHLY CHARGES FOR THE AFFECTED SERVICES UP TO AN AGGREGATE MAXIMUM OF ONE MONTH’S CHARGES. Limitations on Use. You acknowledge that the Services are provided for your personal use and not for resale or assignment. No Services or Equipment may be transferred to another location or shared with another person who is not bound by this Agreement. You will not use the Services for telemarketing or any excessive usage inconsistent with normal residential usage patterns (or, if a commercial customer under a commercial service plan, consistent with normal usage for that plan). If Eastex determines, in its sole discretion, that you are reselling or transferring Services or that you are using Services in an improper manner or other manner unduly burdensome on Eastex’s network and facilities, Eastex reserves the right, without advance notice, immediately to terminate or modify the Services, or to change your Service plan to a different offer on a prospective basis, and, in addition, to assess additional charges for each month in which excessive usage occurred.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary XXXX July 2021 Update Page 5 of 7 right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION DOCUMENTATION, AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION MISAPPLICATION OF THE SOFTWARE.

Limited Warranty. GC warrants that: The limited warranty set forth herein is the sole warranty (iwhether written or oral, express or implied) it has provided by FIBERWOOD for the full power FIBERWOOD PRODUCTS described above. The limited warranty is subject to enter into this Agreement all the terms and grant the license rights conditions set forth herein; , and no one (iiincluding, but not limited to, an authorized distributor, installer, authorized seller, agent, or employee of FIBERWOOD) it has not granted is authorized to modify, extend, or add to this limited warranty. FIBERWOOD makes no other representations or warranties regarding any FIBERWOOD PRODUCTS. No one is authorized to make any representation or warranty on behalf of FIBERWOOD, and FIBERWOOD will not grant be bound by or responsible for any rights in the SOFTWARE to representation, warranty, or condition regarding any third party which grant is inconsistent with the rights granted to You FIBERWOOD PRODUCT other than that expressly stated in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretlimited warranty. THIS LIMITED WARRANTY CONSTITUTES FIBERWOOD'S SOLE AND EXCLUSIVE WARRANTY AND OBLIGATION WITH RESPECT TO FIBERWOOD PRODUCTS. FIBERWOOD DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CONDITION, SUITABILITY, OR PERFORMANCE. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT SPECIFICALLY EXCLUDED, ARE LIMITED TO THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF APPLICABLE STATUTORY LIMITATION, BUT IN NO EVENT SHALL THEY EXTEND BEYOND THE SOFTWARE APPLICABLE WARRANTY PERIOD. FIBERWOOD EXCLUDES AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS WILL NOT PAY ANY INCIDENTAL AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FIBERWOOD BE NON-STANDARD CONTAINERS LIABLE FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE ANY DAMAGES (OF ANY NATURE OR DESCRIPTION WHATSOEVER) THAT EXCEED THE PURCHASE PRICE OF THE SOFTWARE DEFECTIVE PRODUCT, SUBJECT TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREAPPLICABLE PRORATION STATED HEREIN.

Limited Warranty. GC warrants that: THE SOLUTION, TOGETHER WITH ALL THIRD- PARTY PRODUCTS AND OPEN SOURCE SOFTWARE PROVIDED AVAILABLE FOR USE. OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (iINCLUDING WITH RESPECT TO ANY SOLUTIONS PROVIDED HEREUNDER) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretIN ANY 12–MONTH PERIOD WILL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY DELL DURING THE PRIOR BY DELL, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE IS PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS.” CONDITION WITHOUT WARRANTY DELL (INCLUDING ITS TWELVE (12) MONTHS OF ANY KINDTHIS AGREEMENT FOR THE SPECIFIC AFFILIATES, EITHER CONTRACTORS, AND AGENTS, AND EACH OF SOLUTION GIVING RISE TO SUCH CLAIM(S). THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL (COLLECTIVELY AND TOGETHER WITH DELL, THE “DELL APPLY TO ALL CLAIMS FOR DAMAGES OR OTHERWIS , PARTIES”), PROVIDES NO EXPRESS OR IMPLIEDIMPLIED WARRANTY OR CONDITION AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE IMPLIED WARRANTIES PARTIES AGREE THAT THESE LIMITATIONS OF MERCHANTABILITY LIABILITY ARE AGREED THE SOLUTION OR ANY OF THE SOFTWARE OR SERVICES ALLOCATIONS OF RISK CONSTITUTING IN PART THE INCLUDED THEREIN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION (1) OF MERCHANTABLE QUALITY, CONSIDERATION FOR OUR SALE AND PERFORMANCE OF THE SOLUTION TO CUSTOMER, AND SUCH LIMITATIONS WILL FITNESS FOR A PARTICULAR PURPOSE. , SUITABILITY OR NON- APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE ENTIRE RISK ARISING OUT OF USE OR INFRINGEMENT; (2) RELATING TO THE PERFORMANCE OF POSSIBILITY OF SUCH LIABILITIES. SOFTWARE (INCLUDING WHETHER THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVEROR WILL BE SECURE, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTACCURATE, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGCOMPLETE, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWITHOUT ERROR, OR THE ABUSE FREE OF VIRUSES, WORMS OR MISAPPLCATION OF THE SOFTWARE.OTHER HARMFUL COMPONENTS OR

Limited Warranty. GC PharmaChem warrants that: that Product delivered hereunder will (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; be manufactured in accordance with Legal Requirements, (ii) it has not granted and will not grant any rights be manufactured in accordance with the agreed-upon manufacturing procedures described in the SOFTWARE master batch records supplied to any third party which grant is inconsistent GWM in accordance with the rights granted provisions of Section 7, as may be modified and [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. disclosed to You GWM in this Agreement; and accordance with the provisions of Section 7, (iii) be manufactured in accordance with and conform to the SOFTWARE does not then-applicable Specifications, and will not infringe any trade secret(iv) meet the requirements for pharmaceutical commercial use as set forth in all Legal Requirements. GWM’s remedies and PharmaChem’s liability with respect to this warranty are set forth in Sections 3(e), copyright3(f), trademark 12(a), 14, 16 and 17. These warranties are the only warranties made by PharmaChem with respect to Product delivered hereunder, and may only be modified or other proprietary right held amended by any third party a written instrument signed by a duly authorized officer of PharmaChem and does not infringe any patent held accepted by any third partyGWM. EXCEPT AS OTHERWISE PROVIDED THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 13 ARE THE PRECEDING SENTENCEEXCLUSIVE WARRANTIES MADE BY PHARMACHEM UNDER THIS AGREEMENT OR ANY PURCHASE ORDER GOVERNED BY THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY LIEU OF ANY KIND, EITHER ALL OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. IF ANY PRODUCT FAILS TO CONFORM TO THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED WARRANTIES IN THIS XXXX SECTION 13, PHARMACHEM’S EXCLUSIVE OBLIGATION AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY GWM’S (OR GWM’S AFFILIATES’) EXCLUSIVE REMEDY (SUBJECT TO SECTIONS 3(E), 3(F), 12(A), 16 AND 17) SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED SET FORTH IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARESECTION 14. Nothing in this Section 13 is intended as a limitation of PharmaChem’s defense and indemnification obligations pursuant to Section 16 or the recall obligations of PharmaChem under Section 17.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the THE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyIS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS THE LICENSORS FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ELA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT BEEN ADVISED OF THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORTPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, WHILE TO THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND EXTENT THAT ST MAY BE OBTAINED HELD LEGALLY LIABLE TO YOU BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY A COURT OF COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, THE MAXIMUM LIABILITY OF THE LICENSORS SHALL BE VOID AND NULL IF FAILURE NOT EXCEED THE APPLICABLE PURCHASE PRICE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTOR ONE THOUSAND DOLLARS ($1,000), OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREWHICHEVER IS GREATER.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the THE SOLUTION, TOGETHER WITH ALL THIRD-PARTY PRODUCTS AND OPEN SOURCE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN DELL, IS PROVIDED “AS IS.” CONDITION WITHOUT WARRANTY DELL (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF ANY KINDTHEIR RESPECTIVE EMPLOYEES, EITHER DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS LICENSORS, CLOUD PARTNERS AND SUPPLIERS (COLLECTIVELY AND TOGETHER WITH DELL, THE “DELL PARTIES”), MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTY OR CONDITION WITH RESPECT TO THE SOLUTION OR ANY OF THE SOFTWARE OR SERVICES INCLUDED THEREIN, INCLUDINGINCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. , SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THE ENTIRE PERFORMANCE OF SOFTWARE (INCLUDING WHETHER THE SOFTWARE IS OR WILL BE SECURE, ACCURATE, COMPLETE, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED ) OR OUR PERFORMANCE OF THE SERVICES (INCLUDING WHETHER THE SERVICES ARE OR WILL BE UNINTERRUPTED, TIMELY OR WITHOUT ERROR) OR THE SECURITY OF THE SOLUTION OR WHETHER THE SOLUTION IS SUITABLE FOR HIGH-RISK ACTIVITIES; (3) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOLUTION (INCLUDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SOFTWARE ) OR THE RESULTS OF ANY RECOMMENDATION BY US; OR (4) ARISING OUT OF USE ANY COURSE OF DEALING OR PERFORMANCE OF TRADE USAGE. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUPUBLISHER, PROVIDER OR ORIGINAL MANUFACTURER, WHETHER OR NOT SUCH THIRD-PARTY PRODUCT IS DESIGNATED BY US AS “CERTIFIED,” “APPROVED” OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTEVENT WE ARE PROVIDING THE SOLUTION IN CONNECTION WITH A TRIAL, WHICH THE SOLUTION IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN PROVIDED “AS IS” AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.“

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretTHE WEBSITE IS PROVIDED “AS IS” AND, copyrightEXCEPT FOR ANY WARRANTY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyCONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, ALL WARRANTIES IMPLIED OR OTHERWISE ARE EXCLUDED. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND SUBJECT TO ANY SUCH WARRANTIES, GC EXPRESSLY DISCLAIMS CONDITIONS OR GUARANTEES WHICH CANNOT LAWFULLY BE EXCLUDED, THE OXFORD GROUP DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY WARRANTY FOR THE SOFTWAREREPRESENTATION OR WARRANTY, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, THE OXFORD GROUP EXPRESSLY DOES NOT WARRANT THAT THE WEBSITE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE WEBSITE. CUSTOMER SHALL BEAR THE ENTIRE RISK ARISING OUT OF USE OR AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUWEBSITE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSThe Oxford Group makes no warranty or 13.1. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.有限保证。网站”按原样”提供，除了任何无法依法排除的保证、条件或担保，所有暗示的或其他形式的保证一概不适用。在适用法律允许的最大范围内并遵守任何不能依法排除的保证、条件或担保，Oxford 集团未作出并特此否认任何关于准确性、适足性、及时性、完整性、适销性，特定用途适合性或任何网站非侵权性的明示或暗示声明或担保，包括但不限于任何特定用途适合性的陈述或保证 （包括与客户的法律或法规遵守义务有关的任 何用途）。在不限制上述条款的前提下， Oxford 集团明确不保证网站将满足客户的要求，或网站的运行不会中断或无错误。客户对 于其使用网站所得结果负全责。客户应对网站 的质量和性能承担全部风险。对于任何第三方 产品，无论是否从 Oxford 集团获得，Oxford 集团概不提供任何保修或声明，也不提供任何 赔偿。Oxford 集团提供的此类第三方产品可 能有单独的制造商或许可人条款与条件，这在 涉及到此类产品的购买之时将予以说明。任何 样本、培训材料、描述材料或与网站有关的广 告（无论是否由 Oxford 集团制作）以及Oxford 集团网站或 Oxford 集团营销材料或产品文献中所含的任何描述仅作为一般信息制作， 不构成本协议的任一部分，也不具有合同权力。客户承认，其未曾依赖本协议未列出的 Oxford 集团任何成员或其代理作出的或给出的任何陈述、承诺、声明、担保或保证。

Limited Warranty. GC Scripps hereby represents and warrants that: that subject to the rights of the United States Government (i) it has the full sole right and power to enter into this Agreement and grant the license rights set forth and licenses granted herein; (ii) it Scripps is and shall be the owner of the entire right, title, and interest in and to the Scripps Patent Rights; (iii) Scripps has not previously granted and will not grant any rights in the SOFTWARE to any third party which grant is Scripps Patent Rights that are inconsistent with the rights and licenses granted to You in this AgreementLicensee herein; and (iiiiv) to the SOFTWARE does not and will not infringe any trade secretbest of its knowledge, copyright, trademark or other proprietary right held by any there are no claims of third party and does not infringe any patent held by any third partyparties that would call into question the rights of Scripps to grant to Licensee the rights contemplated hereunder. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCETHIS SECTION 5, AND NEITHER PARTY MAKES ANY WARRANTIES OR CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED SUBJECT MATTER HEREOF. SPECIFICALLY, XXXXXXX MAKES NO OTHER WARRANTIES CONCERNING SCRIPPS PATENT RIGHTS OR SCRIPPS TECHNOLOGY COVERED BY APPLICABLE LAWTHIS AGREEMENT, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO SCRIPPS PATENT RIGHTS, SCRIPPS TECHNOLOGY OR ANY LICENSED PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY SCRIPPS MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTSWARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF SCRIPPS PATENT RIGHTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO THAT ANY LICENSED PRODUCT WILL BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FREE FROM AN ACCIDENTINFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR THE ABUSE THAT NO THIRD PARTIES ARE IN ANY WAY INFRINGING SCRIPPS PATENT RIGHTS OR MISAPPLCATION OF THE SOFTWARESCRIPPS TECHNOLOGY COVERED BY THIS AGREEMENT.

Limited Warranty. GC At all times during the Service Period, AMH warrants that: (i) that it has will use commercially reasonable efforts in keeping with industry standards to cause the full power Services to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE be available to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE Subscriber. AMH does not and warrant that Services will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partybe error free. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE PROVIDED STATED IN THE PRECEDING SENTENCETHIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAMH MAKES NO WARRANTIES, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY SERVICE AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, THE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT , TITLE OR NON-INFRINGEMENT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL THIRD PARTY RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL RELIANCE OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN ACCORDANCE CONNECTION WITH ITS DOCUMENTATION. MOREOVERTHIS AGREEMENT OR THE PROVISION OF SERVICES, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF FAILURE THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES. AMH’s MAXIMUM LIABILITY TO PERFORM SUBSTANTIALLY AS DESCRIBED CUSTOMER WITH REGARD TO ANY SERVICE SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY SUBSCRIBER TO AMH FOR THE APPLICABLE SERVICE IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTTHE THREE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, OR THE ABUSE OR MISAPPLCATION INCLUDING BREACH OF THE SOFTWARECONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Subscriber must be made within 30 days ajer the applicable Services have been performed. AMH’s sole obligation and Subscriber's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Subscriber based on the period of time when the Services are out of compliance with this limited warranty provision.

Limited Warranty. GC At all times during the Service Period, Madison warrants that: (i) that it has will use commercially reasonable efforts in keeping with industry standards to cause the full power Services to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE be available to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE Customer. Xxxxxxx does not and warrant that Services will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partybe error free. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE PROVIDED STATED IN THE PRECEDING SENTENCETHIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWXXXXXXX MAKES NO WARRANTIES, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY SERVICE AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, THE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT , TITLE OR NON-INFRINGEMENT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL THIRD PARTY RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL RELIANCE OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN ACCORDANCE CONNECTION WITH ITS DOCUMENTATION. MOREOVERTHIS AGREEMENT OR THE PROVISION OF SERVICES, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF FAILURE THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES. XXXXXXX'S MAXIMUM LIABILITY TO PERFORM SUBSTANTIALLY AS DESCRIBED CUSTOMER WITH REGARD TO ANY SERVICE SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO MADISON FOR THE APPICABLE SERVICE IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTTHE THREE MONTHS IMMEDIATELY PRECEEDING THE EVENTS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, OR THE ABUSE OR MISAPPLCATION INCLUDING BREACH OF THE SOFTWARECONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Customer must be made within 30 days after the applicable Services have been performed. Xxxxxxx's sole obligation and Xxxxxxxx's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision.

Limited Warranty. GC warrants that: (i) it If UpToDate has supplied physical media to you containing the full power to enter into Licensed Materials and they are defective, such media will be replaced without charge if returned within 60 days after approval of this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyGrant Application. EXCEPT AS OTHERWISE PROVIDED SET FORTH IN THE PRECEDING FOREGOING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS NEITHER UPTODATE NOR ANY OTHER PARTY OR MEDICAL SOCIETY MAKES ANY WARRANTY FOR THE SOFTWAREOR REPRESENTATION, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDINGWITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOULICENSED MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE LIMITATION OF LIABILITY: IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE NO EVENT WILL UPTODATE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTCREATION, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGPRODUCTION, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS PROMOTION OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE MARKETING OF THE SOFTWARE LICENSED MATERIALS BE LIABLE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTYOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE ABUSE LICENSED MATERIALS, EVEN IF UPTODATE OR MISAPPLCATION SUCH OTHER PARTY HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UPTODATE OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID FOR THE LICENSED MATERIALS. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

Limited Warranty. GC warrants that: Foresight provides a thirty (i30) it has day limited warranty that the full power to enter into this Agreement electronic and grant physical Program Materials will be free from physical defects. The Program Materials will be replaced if the license rights set forth herein; (ii) it has Member returns the defective Program Materials within 30 days of delivery. Member further understands typographical, spelling or grammar errors do not granted constitute a defect and no exchanges will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretbe made for these errors. No Other Warranties THE PROGRAM MATERIALS ARE PROVIDED "AS IS" WITH NO GUARANTEE OF COMPLETENESS, copyrightACCURACY OR TIMELINESS. FORESIGHT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PROGRAM OR THE PROGRAM MATERIAL WILL BE ERROR FREE, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyOR THAT MEMBER WILL ACHIEVE ANY EXPECATIONS THAT MEMBER HAS FOR THE PROGRAM OR PROGRAM MATERIAL. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCEFOR HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC FORESIGTH EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED ANY WARRANTIES OF MERCHANTABILITY AVAILABILITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK FORESIGHT SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF MEMBER’S USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE PROGRAM MATERIAL OR FOR ANY RELIANCE ON ANY INFORMATION PROVIDED BY OR IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTPROGRAM MATERIALS, WHICH IS EVEN IF FORESIGHT HAS BEEN ADVISED OF THE DEVELOPMENT ENVIRONMENT POSSIBILITY OF SUCH DAMAGES. FORESIGTH’S LIABILITY TO MEMBER FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING ANY CLAIM FOR DAMAGES RELATING TO THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS PROGRAM AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED THE PROGRAM MATERIALS, REGARDLESS OF THE FORM OF THE ACTION, AND WHETHER BASED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY CONTRACT OR TORT, SHALL BE VOID AND NULL IF FAILURE LIMITED IN THE AGGREGATE TO THE AMOUNT OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION ONE-TIME MEMBERSHIP FEE AND ANY UPDATE OR HOLD FEES PAID BY MEMBER. MEMBER RECOGNIZES AND AGREES THAT FORESIGHT HAS RESULTED FROM AN ACCIDENTMADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR GUARANTEES WHATSOEVER TO MEMBER ABOUT FUTURE PROSPECTS OR EARNINGS, OR THAT MEMBER WILL EARN ANY MONEY OR BUSINESS, WITH RESPECT TO THE ABUSE MEMBERSHIP, INCLUDING, BUT NOT LIMITED TO, THE PROGRAM AND PROGRAM MATERIALS, AND THAT FORESIGHT HAS NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR MISAPPLCATION OF THE SOFTWAREREPRESENTATION BY OTHERS.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES AND USE OF THE SOLUTION AND THE INFORMATION CONTAINED VIA THE SOLUTION, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARESERVICES, THE DOCUMENTATION AND ANYTHING ELSE THE CONTENT IS PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYBRIDGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING WITHOUT LIMITING THE FOREGOING, WHILE SYBRIDGE DOES NOT WARRANT THAT THE SOLUTION OR ACCESS TO THE SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE MAY RUN CONFIGURATION, WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SYBRIDGE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SOLUTION OR ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. NO ADVICE OR OTHER REPRESENTATIONS BY SYBRIDGE OR ITS AGENTS SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOLUTION AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT YOUR RELIANCE UPON ANY OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATIONTHE CONTENTS ACCESSED IS AT YOUR SOLE RISK. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY YOU SHALL BE VOID SOLELY AND NULL IF FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SOLUTION OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION VIA THE SOLUTION CAUSED BY YOU OR ANY PERSON USING YOUR SYBRIDGE IOT CLOUD CREDENTIAL. SYBRIDGE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE ABUSE INTERNET OR MISAPPLCATION FOR YOUR MISUSE OF ANY INFORMATION, ADVICE, IDEAS, SUGGESTIONS INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SOLUTION. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARESOLUTION, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, SECURITY AND USE IN A PRODUCTION ENVIRONMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

Limited Warranty. GC Licensor warrants that: that for a period of thirty (i30) it has days from the full power to enter into this Agreement and grant date of acquisition, the license rights set forth herein; (ii) it has not granted and Software, if operated as directed, will not grant substantially achieve the functionality described in any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE Documentation. Licensor does not and warrant, however, that your use of the Software will not infringe be uninterrupted or, that the operation of the Software will be error-free. Licensor shall have no liability for any trade secretdefective Software. Licensor is providing the Software for download free of charge. Licensor shall have no liability for your use of the Software or for any modifications that are made to the Software by you. LICENSOR MAKES NO WARRANTIES, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS. THE SOFTWARE (INCLUDING SOURCE CODE) IS PROVIDED TO YOU ON AN “AS IS” BASIS AND FREE OF CHARGE. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTAND- ING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC Seller warrants to Purchaser that: , on the date of delivery, (ia) it has the full power to enter into this Agreement Products will be free from defects in workmanship and grant the license rights set forth herein; (ii) it has not granted material, and will not grant any rights in the SOFTWARE conform to any third party which grant is inconsistent with the rights granted Seller’s specifications and/or Seller’s statements of work, or those specifications provided by Purchaser and agreed to You in this Agreementby Seller; and (iiib) the SOFTWARE does not Seller will transfer to Purchaser ownership and good title to Products delivered, free of all liens and encumbrances. This limited warranty must be exercised within six (6) months of delivery, after which time it will not infringe any trade secretbe time-lapsed. THIS LIMITED WARRANTY IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY. THE WARRANTIES AND ANY ASSOCIATED REMEDIES SET OUT OR REFERENCED HEREIN ARE EXCLUSIVE. NO OTHER WARRANTY, copyrightWRITTEN OR ORAL, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyIS EXPRESSED OR IMPLIED BY SELLER OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, GC EXPRESSLY LOCAL LAW SELLER DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONSINCLUDING ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. SELLER OFFERS NO WARRANTY, NEITHER EXPRESS NOR IMPLIED, AS TO THE LIFETIME OF THE PRODUCT DELIVERED, WHICH MAY VARY WITH INDIVIDUAL USE AND BIOLOGICAL CONDITION. IF AND TO THE EXTENT THE IMPLIED WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE. PURPOSE IS REQUIRED UNDER APPLICABLE LAWS WITH REGARD TO THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERPRODUCT, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED IMPLIED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF LIMITED IN MINIMUM PERIOD ALLOWED IN SUCH JURISDICTION. NO OTHER EXPRESS WARRANTY OR GUARANTEE GIVEN BY ANY PERSON, COMPANY OR CORPORATION WITH RESPECT TO THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTPRODUCT SHALL BE BINDING ON SELLER. This Limited Warranty gives the Purchaser specific legal rights and Purchaser may also have other rights which vary from state to state and different international jurisdictions. Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREor allow the exclusion or limitation of incidental or consequential damages; therefore some limitations or exclusions may not apply to this sale of goods. No Registration Requirement: There is no requirement to register the Product. To receive warranty service under the Limited Warranty, the original dated bill of sale or your original receipt should be presented to Seller upon request as proof of purchase. Seller reserves the right to deny any warranty claim under this Limited Warranty if the Purchaser cannot present the original dated bill of sale or your original receipt. Handling product complaints: If Purchaser has a product complaint, please contact your local Seller’s Representative at Xxxxxxxxxxx Medical, LLC. The Product subject to the complaint with its original packaging or equally protective packaging must be returned to: Xxxxxxxxxxx Medical, LLC, 0000 Xxxx Xxxxxx, Xxxxxxxxxxx, XX 00000-0000, XXX, Attention: InHealth Technologies Product Complaints. The return must indicate the QN number provided by Seller. All returned Products become the property of Seller. In case Seller’s technical staff concludes that (i) a Product that has been sent in by a Purchaser was not defective, (ii) the term of the Limited Warranty was over, or (iii) there is no coverage under the Limited Warranty, Seller reserves the right to charge the Purchaser for the costs of shipping and diagnostics. For questions or dissatisfaction with a Product the Purchaser can contact Seller’s customer service department via Telephone (Toll-Free 000.000.0000 or +0.000.000.0000, Monday through Thursday, 6:30 am to 4:00 pm, and Friday, 6:30 am to 2:00 pm Pacific Time. Our toll-free number may be used from the continental USA, Alaska, Hawaii, Puerto Rico, and the Virgin Islands); Fax (Toll-Free 000.000.0000 or +0.000.000.0000), E-mail (xxxxxxxxxxxxxxxxx@xxxxxxxx.xxx), or mail (InHealth Technologies, 0000 Xxxx Xxxxxx, Xxxxxxxxxxx, XX 00000-0000, XXX, Attention: Customer Service).

Limited Warranty. GC PPG warrants that: that Product delivered hereunder will (i) it has be manufactured by PPG in accordance with cGMP and other applicable FDA, EMEA, and other rules and regulations of the full power to enter into this Agreement and grant United States or the license rights set forth herein; European Union, (ii) it has not granted and will not grant any rights be manufactured in accordance with the agreed-upon manufacturing procedures described in the SOFTWARE master batch records supplied to any third party which grant is inconsistent GWM in accordance with the rights granted provisions of Section 7, as may be modified and disclosed to You GWM in this Agreement; and accordance with the provisions of Section 7, (iii) conform to the SOFTWARE does not Specifications set forth in the Contract Manufacturing Manual at the time of Product manufacture, and will not infringe any trade secret(iv) be provided in compliance with all applicable laws and regulations as more fully set forth in Section 4 above. GWM’s remedies and PPG’s liability with respect to these warranties are set forth below. THESE ARE THE ONLY REPRESENTATIONS OR WARRANTIES PPG MAKES AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, copyrightUNDER STATUTE OR ARISING OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyINCLUDING WITHOUT LIMITATION, ANY OTHER WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE DISCLAIMED BY PPG. IF ANY PRODUCT FAILS TO CONFORM TO THE WARRANTIES HEREIN, PPG’S EXCLUSIVE OBLIGATION AND GWM’S (OR GWM’S AFFILIATES’) EXCLUSIVE REMEDY (SUBJECT TO SECTIONS 12 AND 17) SHALL BE AS SET FORTH IN SECTION 14. EXCEPT AS OTHERWISE PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS IN NO EVENT WILL PPG BE LIABLE UNDER ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY THEORY OF RECOVERY (WHETHER BASED ON NEGLIGENCE OF ANY KIND, EITHER EXPRESS STRICT LIABILITY OR IMPLIEDTORT) FOR ANY DIRECT, INCLUDINGINDIRECT, WITHOUT LIMITATIONSPECIAL, THE IMPLIED WARRANTIES OF MERCHANTABILITY INCIDENTAL, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO, ARISING OUT OF FROM OR RESULTING FROM ANY USE OR PERFORMANCE MADE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUPRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERNothing in this Section 13 is intended as a limitation of indemnification obligations of PPG pursuant to Section 15, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREor the recall obligations of PPG under section 17.

Limited Warranty. GC Netscape warrants that: (i) it has only to Licensee that the full power Products when properly installed and used will substantially conform to enter into this Agreement and grant the license rights functional specifications set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE Documentation in effect when the Products are delivered to Licensee. Netscape's warranty and obligation shall extend for a period of 90 days ("Warranty Period") from the date Netscape first delivers the Products to Licensee. All warranty claims not made in writing or not received by Netscape within the Warranty Period shall be deemed waived. Netscape's warranty is solely for the benefit of Licensee, who has no authority to extend this warranty to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark other person or other proprietary right held by any third party and does not infringe any patent held by any third partyentity. EXCEPT AS OTHERWISE PROVIDED THE EXPRESS WARRANTY SET FORTH IN THIS SECTION CONSTITUTES THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED ONLY WARRANTY MADE BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS NETSCAPE. NEITHER NETSCAPE NOR ITS SUPPLIERS MAKES ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIEDIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE PRODUCTS OR DOCUMENTATION. NETSCAPE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NETSCAPE DOES NOT WARRANT THAT THE ENTIRE RISK ARISING OUT OF USE PRODUCTS OR PERFORMANCE DOCUMENTATION ARE ERROR-FREE OR THAT OPERATION OF THE SOFTWARE PRODUCTS WILL BE SECURE OR UNINTERRUPTED AND DOCUMENTATION REMAINS WITH YOUDISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSTHE ABOVE LIMITATION SHALL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATENetscape shall have no obligation under the foregoing warranty for any nonconformance caused by: (a) the incorporation, attachment or engagement of any attachment, feature, program, or device, other than by Netscape, to the Products or any part thereof; (b) accident, transportation, neglect or misuse; alteration, modification, or enhancement of the Products other than by Netscape; (c) failure to provide an installation environment recommended for the Products; (d) use of supplies or materials not meeting Netscape specifications; (e) use of the Products for other than the intended purpose; (f) use of the Products on any systems other than the specified hardware platform for such Products; (g) Licensee's use of defective media or defective duplication of the Products; or (h) Licensee's failure to incorporate any Upgrade previously released by Netscape which corrects such nonconformance. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATIONIf Licensee provides Netscape with written notice of a failure under this limited warranty during the Warranty Period, Netscape will use reasonable efforts to correct promptly, at no charge to Licensee, any such errors or failures. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREThis is Licensee's sole and exclusive remedy for breach of warranty hereunder.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights Except as expressly set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; , GPM Corp makes no other warranty of any kind to Customer, express, implied, or statutory (with respect to the services, Software, or results obtained from its service or Software) including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or use, and (iii) the title and non-infringement. CUSTOMER AGREES THAT THE SOFTWARE does not and will not infringe any trade secretIS A DOCUMENTATION TOOL ONLY, copyrightAND THAT THE SOFTWARE IS NOT INTENDED TO PROVIDE DIAGNOSES, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyPRACTICE GUIDELINES, ADVICE, OR PROTOCOLS FOR DELIVERING MEDICAL CARE. EXCEPT AS OTHERWISE PROVIDED CUSTOMER FURTHER AGREES THAT NOTHING IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND SOFTWARE OR ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS PURSUANT TO THIS AGREEMENT CONSTITUTES OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY IS INTENDED TO BE MEDICAL ADVICE OR FITNESS A SUBSTITUTE FOR A PARTICULAR PURPOSEMEDICAL KNOWLEDGE OR JUDGMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS CUSTOMER FURTHER AGREES THAT CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE SOFTWARE LICENSED HEREWITH DOCUMENTATION OF MEDICAL CARE PROVIDED BY ITSELF IS ONLY INTENDED ACCURATE AND THAT ALL BILLING INFORMATION DELIVERED BY CUSTOMER TO RUN ANY INSURANCE COMPANY, GOVERNMENTAL AGENCY, OR OTHER PAYOR SHALL BE ACCURATE AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATIONCOMPLETE. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER GPM CORP SHALL NOT HAVE ANY RESPONSIBILITY AS A STAND-ALONE SOFTWARE LIBRARY RESULT OF THIS AGREEMENT FOR DECISIONS MADE OR AS A NESTED CONSTITUENT OF A CONTROL ACTIONS TAKEN OR APPLICATIONNOT TAKEN IN RENDERING MEDICAL CARE OR FOR INFORMATION PROVIDED TO INSURANCE COMPANIES, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTGOVERNMENTAL AGENCIES, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREOTHER PAYORS.

Limited Warranty. GC Claris warrants that: for a period of ninety (i90) it has days from the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights initial Contract Date stated in the SOFTWARE Claris contract system that the Software as provided by Claris will substantially conform to the published specifications for the Software available from Claris. Claris entire liability and Licensee’s sole and exclusive remedy for any third party which grant is inconsistent with breach of the rights granted to You in this Agreement; and (iii) foregoing limited warranty will be, at the SOFTWARE does not and will not infringe any trade secretoption of Claris, copyrightreplacement of the media, trademark refund of the purchase price, or other proprietary right held by any third party and does not infringe any patent held by any third partyrepair or replacement of the Software. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY IS THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY ONLY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY XXXXXX AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDCLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUOR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS CLARIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERWILL MEET LICENSEE’S REQUIREMENTS, GC REPRESENTS OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OPERATION OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ABUSE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CLARIS DOES NOT WARRANT OR MISAPPLCATION MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWAREUSE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, OR AN AUTHORIZED REPRESENTATIVE OF CLARIS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

Limited Warranty. GC At all times during the Service Period, Air Link Rural Broadband, LLC warrants that: (i) that it has will use commercially reasonable efforts in keeping with industry standards to cause the full power Services to enter into this Agreement and grant be available to the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyCustomer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE PROVIDED STATED IN THE PRECEDING SENTENCETHIS SERVICE AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAir Link Rural Broadband, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARELLC MAKES NO WARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT , OR TITLE OR NON-INFRINGEMENT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL THIRD PARTY RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE WITHOUT LIMITING ANY EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN ACCORDANCE CONNECTION WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THIS AGREEMENT OR THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT PROVISION OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF FAILURE THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE SOFTWARE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLIES TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTALL CAUSES OF ACTIONS AND CLAIMS, OR THE ABUSE OR MISAPPLCATION INCLUDING WITHOUT LIMITATION, BREACH OF THE SOFTWARECONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Customer must be made within thirty (30) days after the applicable Services have been performed. Air Link Rural Broadband, LLC's sole obligation and Customer's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited warranty provision. * (b) Content. Customer acknowledges that any content that Customer may access or transmit through any Service is provided by independent content providers, over which Air Link Rural Broadband, LLC does not exercise and disclaims any control. Air Link Rural Broadband, LLC neither previews content nor exercises editorial control; does not endorse any opinions or information accessed through any Service; and assumes no responsibility for content. Air Link Rural Broadband, LLC specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane or sexually offensive nature. Customer and their authorized users accessing other parties' content through Customer's facilities do so at Customer's own risk, and Air Link Rural Broadband, LLC assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content. * (c) Damage, Loss or Destruction of Software Files and/or Data. Customer agrees that Customer uses the Services and Equipment supplied by Air Link Rural Broadband, LLC at its sole risk. Air Link Rural Broadband, LLC does not manufacture the Equipment, and the Services and Equipment are provided on an "as is basis" without warranties of any kind. Air Link Rural Broadband, LLC assumes no responsibility whatsoever for any damage to or loss or destruction of any of Customer's hardware, software, files, data or peripherals which may result from Customer's use of any Service. Air Link Rural Broadband, LLC does not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time.

Limited Warranty. GC Licensor warrants that: (ia) it has for a period of ninety (90) days from the full power to enter into this Agreement and grant date of delivery the license rights set forth herein; (ii) it has not granted and will not grant any rights in medium on which the SOFTWARE to any third party which grant Software is inconsistent with the rights granted to You in this Agreementprovided shall be free from defects; and (iiib) prior to delivery, the SOFTWARE does not Software was audited and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partytested in accordance with Licensor’s internal quality control processes. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY LICENSOR DISCLAIMS ANY WARRANTY FOR THE SOFTWAREAND ALL OTHER WARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS. THE ENTIRE RISK LICENSEE UNDERSTANDS AND AGREES THAT LICENSOR’S CUMULATIVE LIABILITY TO LICENSEE FOR ANY AND ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES AND/OR DAMAGES ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. RELATED TO THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AGREEMENT AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL BE VOID AND NULL IF FAILURE LIMITED TO THE AMOUNTS PAID TO LICENSOR BY LICENSEE FOR THIS LICENSE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS DATA, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE SOFTWARE USE OF OR INABILITY TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION USE THE SOFTWARE, EVEN IF LICENSOR HAS RESULTED FROM AN ACCIDENTBEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE ABUSE OR MISAPPLCATION POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE SOFTWARELEGAL THEORY OR BASIS FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITATIONS ON LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO LICENSEE.

Limited Warranty. GC EXCEPT AS STATED IN THIS SECTION THE SUBSCRIBED MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. Vanderbilt warrants thatthat is has the authority to grant the subscriptions contained in this Agreement. These warranties shall remain in effect provided: (i) it Subscriber has not altered or improperly used the full power to enter into this Agreement and grant the license rights set forth hereindata; (ii) it Subscriber has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent complied with the rights granted to You in this Agreementall configuration requirements; and (iii) the SOFTWARE does Subscriber is not and will not infringe in breach of any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyprovision of this Agreement. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND Disclaimer. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GC THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS. VANDERBILT DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY FOR ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, DOCUMENTATION SUBSCRIBED MATERIALS AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDSUPPORT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER VANDERBILT KNOWS OR HAD REASON TO KNOW OF SUBSCRIBER’S PARTICULAR NEEDS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF VANDERBILT IS AUTHORIZED TO MODIFY THE ENTIRE RISK ARISING OUT LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF USE OR PERFORMANCE OF IMPLIED WARRANTIES, SO THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUABOVE EXCLUSION MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SUBSCRIBER SPECIFIC LEGAL RIGHTS. YOU , AND SUBSCRIBER MAY ALSO HAVE OTHERS OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. GC HEREBY REPRESENTS THAT Limitation of Liability. Vanderbilt’s entire liability and Subscriber’s exclusive remedy for a breach of this Agreement, except for a breach of the Limited Warranty set forth above, shall be termination of this Agreement and Vanderbilt refunding the Subscription Fee. Vanderbilt shall have no liability for consequential, exemplary, indirect, special or incidental damages whether based on contract, tort or any other legal theory, arising out of or related to this Agreement or the inability to use the SUBSCRIBED MATERIALS or Limited Support, nor shall Vanderbilt be liable for any loss of data or lost profits of Subscriber, even if Vanderbilt is apprised of the likelihood of such damages occurring. Vanderbilt’s total liability under this Agreement for any reason shall not exceed the amount of the Subscription Fees paid under this Agreement. Subscriber acknowledges and agrees that licensing the SUBSCRIBED MATERIALS for the Subscription Fees under this Agreement reflects the allocation of risks expressed by (but not limited to) the above limitations of liability. Modification of such allocation would affect the Subscription Fees charged by Vanderbilt, and in consideration of Vanderbilt charging the Subscription Fees, the Subscriber agrees to such allocation of risks. SOME COUNTRIES OR STATES DO NOT ALLOW THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERLIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GC REPRESENTS THAT SO THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE ABOVE LIMITATION MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY NOT APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYAssignment. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTSubscribers shall not assign or transfer this Agreement or any of its rights or obligations hereunder, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREwhether by operation of law or otherwise, without the prior written consent of Vanderbilt. Vanderbilt may assign its rights or obligations hereunder without the consent of or notice to Subscriber. This Agreement shall inure to the benefit of and bind successors and permitted assigns of Vanderbilt and Subscriber.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the THE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secretIS PROVIDED “AS IS” AND, copyrightEXCEPT FOR ANY WARRANTY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyCONDITION OR GUARANTEE THAT CANNOT BE EXCLUDED BY LAW, ALL WARRANTIES IMPLIED OR OTHERWISE ARE EXCLUDED. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND SUBJECT TO ANY SUCH WARRANTIES, GC EXPRESSLY DISCLAIMS CONDITIONS OR GUARANTEES WHICH CANNOT BE LAWFULLY EXCLUDED, THE OXFORD GROUP DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY WARRANTY FOR THE SOFTWAREREPRESENTATION OR WARRANTY, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE ACCURACY, WITHOUT LIMITATIONADEQUACY, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THE SOFTWARE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION), INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE (EXCEPT WITH RESPECT TO THE SOFTWARE’S COMPLIANCE WITH THE RESPECTIVE DOCUMENTATION) (INCLUDING ANY PURPOSE RELATING TO A CUSTOMER’S LEGAL OR REGULATORY COMPLIANCE OBLIGATIONS). WITHOUT LIMITATION OF THE FOREGOING, THE OXFORD GROUP EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ASSUMES RESPONSIBILITY FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF THE SOFTWARE. CUSTOMER SHALL BEAR THE ENTIRE RISK ARISING OUT OF USE OR AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUSOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSThe Oxford Group makes no warranty or representation and gives no indemnity in respect of any third party's products, whether or not obtained from the Oxford Group. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATEThe Oxford Group’s supply of any such third party- produced products will be subject to separate terms and conditions of the manufacturer or licensor, which will be specified at the time of purchase in relation to such product. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATIONAny samples, training materials, descriptive material or advertising related to the Software, whether or not produced by the Oxford Group and any descriptions contained in or on the Oxford Group’s websites or in the Oxford Group’s marketing materials or product literature are produced for the purpose of general information only and shall not form part of this Agreement or have any contractual force. MOREOVERCustomer acknowledges that Customer has not relied on any statement, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENTpromise, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOINGrepresentation, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREassurance or warranty made or given by the Oxford Group or its agents which is not set out in the Agreement.

Limited Warranty. GC warrants that: John Deere shall perform the Support Services hereunder in a workmanlike manner. If You acquire the Support Services for business purposes, You agree that the Consumer Guarantees Act 1993 (iNZ) it has the full power does not apply to enter into this Agreement and grant in respect of those Support Services. To the license rights set forth herein; (ii) it has not granted and will not grant any rights extent permitted by law, in the SOFTWARE event that John Deere is unable to any third party which grant fulfill its warranty obligations under this section 14, You agree that Your exclusive remedy is inconsistent with a refund of the rights granted to total amount of the Support Fee paid by You in under this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret. YOU AGREE THAT THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SUPPORT SERVICES PROVIDED TO YOU BY JOHN DEERE, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyITS AFFILIATES AND THIRD PARTY SUPPLIERS UNDER THIS AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 14, THE SUPPORT SERVICES ARE PROVIDED IN THE PRECEDING SENTENCEON AN "AS IS" BASIS. XXXX DEERE, ITS AFFILIATES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY THIRD PARTY SUPPLIERS SHALL HAVE NO LIABILITY FOR THE SUPPORTED SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES SUPPORTED COMPONENTS AND/OR THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDSUPPORT SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES ANY LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHER TORT OR STRICT LIABILITY, LOST PROFITS AND BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT PURPOSE OR TERMS OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTSATISFACTORY QUALITY, OR ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR ACCURACY OF INFORMATION TO THE ABUSE MAXIMUM EXTENT PERMITTED BY LAW. XXXX DEERE DOES NOT WARRANT THAT DESKTOP SHARING WILL BE ERROR FREE OR MISAPPLCATION OF THE SOFTWAREWILL MEET YOUR SPECIFIC REQUIREMENTS.

Limited Warranty. GC Digital Acoustics warrants that: that the Software will perform substantially in accordance with its accompanying documentation for a period of ninety (i90) it has days from the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partydate of purchase. EXCEPT AS OTHERWISE PROVIDED SET FORTH IN THE PRECEDING SENTENCE, DIGITAL ACOUSTICS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUATION OF ANY SERVICE OR FUNCTION PROVIDED THROUGH THE INTERNET OR NON- INFRINGEMENT. NEITHER DIGITAL ACOUSTICS NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ALSO ASSUME THE ENTIRE RISK ARISING OUT OF ANY USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUSOFTWARE. NO DISTRIBUTOR, DEALER OR ANY OTHER ENTITY OR PERSON IS AUTHORIZED TO EXPAND OR ALTER THIS WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. , AND YOU MAY ALSO HAVE OTHERS OTHER RIGHTS WHICH VARY FROM COUNTRY/STATE TO COUNTRY/STATE. GC HEREBY REPRESENTS THAT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DIGITAL ACOUSTICS DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND IF THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN HAS BEEN CUSTOMIZED, REPACKAGED OR ALTERED IN ANY WAY BY YOU OR ANY OTHER PARTY. EXCLUSIVE REMEDY AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT LIMITATION OF LIABILITY THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN SOLE AND OPERATE IN EXCLUSIVE REMEDY FOR ANY BREACH OF THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE SET FORTH ABOVE WILL BE, AT DIGITAL ACOUSTICS'S OPTION, (a) RETURN OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, PURCHASE PRICE OR THE ABUSE OR MISAPPLCATION (b) REPLACEMENT OF THE DEFECTIVE SOFTWARE OR KEY. IN NO EVENT WILL DIGITAL ACOUSTICS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE., ITS USE OR INABILITY OF USE. IN NO EVENT WILL DIGITAL ACOUSTICS 'S OR ANY OF ITS

Limited Warranty. GC Seller warrants to Buyer that: , at the time of Delivery, the Order will materially conform to the specifications set forth in Order and will be free from material defects in material and workmanship. SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE ORDER FOLLOWING DELIVERY, INCLUDING ANY (i) it has the full power to enter into this Agreement and grant the license rights set forth hereinWARRANTY OF MERCHANTABILITY; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT SELLER WAS ADVISED OF THE ENTIRE RISK POSSIBILITY OF SUCH DAMAGES, (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF USE OR PERFORMANCE RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO TIMES THE TOTAL OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE AMOUNTS PAID TO STATE. GC HEREBY REPRESENTS THAT SELLER FOR THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREORDER SOLD HEREUNDER.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyRF IDEAS WARRANTS THAT TO ITS KNOWLEDGE IT HAS THE RIGHT TO GRANT THE LICENSE UNDER THIS XXXX. EXCEPT THE APPLICATION IS PROVIDED TO LICENSEE “AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, GC RF IDEAS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWAREALL WARRANTIES, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDWHETHER EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO THE APPLICATION, THE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING , TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF USE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR PERFORMANCE TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING. RF IDEAS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS ANY KIND THAT THE APPLICATION AND UNDERLYING SOFTWARE LICENSED HEREWITH IS ONLY WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED TO RUN AND RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERWITHOUT INTERRUPTION, GC REPRESENTS MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS ANY ERRORS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY DEFECTS CAN OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO WILL BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARECORRECTED.

Limited Warranty. GC warrants that: COMPANY MAKES NO OTHER WARRANTIES EXCEPT THOSE STATED IN COMPANY’S LIMITED WARRANTY IN EFFECT ON THE DATE COMPANY ACCEPTS EACH APPLICABLE PURCHASE ORDER (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party“LIMITED WARRANTY”). EXCEPT AS OTHERWISE PROVIDED THE LIMITED WARRANTY MAY BE FOUND IN THE PRECEDING SENTENCEAPPLICABLE PRICE BOOK AND ON THE KRYPTONITE CUSTOMER WEBSITE, WHICH TERMS ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE. COMPANY WILL MAIL CUSTOMER A HARD COPY OF THIS WARRANTY UPON CUSTOMER’S WRITTEN REQUEST. IN THE EVENT THAT CERTAIN DELIVERABLE WARRANTIES ARE NOT FURNISHED BY THE COMPANY TO CUSTOMER, COMPANY WARRANTS ONLY TO CUSTOMER THAT THE DELIVERABLES WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 12 MONTHS FROM THE DATE OF SHIPMENT OF THE DELIVERABLES. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIRING OR REPLACING, AT COMPANY’S OPTION, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWDEFECTIVE DELIVERABLE, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR PROVIDED WRITTEN NOTICE OF THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE DEFECT OR NONCONFORMANCE IS PROVIDED BY GC HEREBY AND GC PROVIDES CUSTOMER WITHIN 30 DAYS OF DISCOVERY OF THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KINDDEFECT OR NONCONFORMANCE. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE DELIVERABLES, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE.

Limited Warranty. GC warrants thatDuring the Term, the Services will be provided with reasonable commercial care and skills, in accordance with "Good Industry Practice" (which means the standards that fall within the upper quartile of a skilled and experienced provider of business-critical managed services similar or identical to the NT-ware Services, having regard to factors such as the nature and size of the parties, the service level arrangements, the term, the pricing structure and any other relevant factors) and NT-ware will take commercially reasonable precautions against viruses and malicious attacks. NT-WARE DOES NOT WARRANT THAT: (i) it has the full power to enter into this Agreement and grant the license rights set forth hereinTHE SERVICES OR NT-WARE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) it has not granted and will not grant any rights in the THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR NTWARE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this AgreementWILL BE ACCURATE OR RELIABLE; and (iii) the THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR NT-WARE SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED WILL MEET YOUR EXPECTATIONS; OR ANY ERRORS IN THE PRECEDING SENTENCESERVICES OR NT-WARE SOFTWARE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND NTWARE SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED.. NEITHER NT-WARE OR ANY RESELLER MAKES ANY GUARANTEES AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES OR NT-WARE SOFTWARE FOR ANY PURPOSE. IF YOU CHOOSE TO ACCESS THE SERVICES, YOU DO SO AT YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. YOU MAY NOT USE OR EXPORT THE SERVICES OR NT-WARE SOFTWARE IN VIOLATION OF US OR FOREIGN EXPORT OR IMPORT LAWS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC AND SAVE AS OTHERWISE EXPRESSLY DISCLAIMS STATED IN THIS AGREEMENT, NEITHER NT-WARE NOR ANY WARRANTY RESELLER ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY ANY (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY KIND, EITHER EXPRESS SERVICES OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE NT-WARE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO BE NONOR FROM THE SERVICES OR NT-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTWARE SOFTWARE; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE ABUSE LIKE THAT MAY BE TRANSMITTED TO OR MISAPPLCATION THROUGH THE SERVICES OR NT-WARE SOFTWARE BY ANY THIRD PARTY; (IV) ANY ERRORS OR OMISSIONS IN ANY DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY DATA PROVIDED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES OR NT-WARE SOFTWARE; AND/OR (V) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Limited Warranty. GC warrants that: (i) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the SOFTWARE does not and will not infringe any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third party. EXCEPT AS OTHERWISE PROVIDED STATED IN SUBSECTION 7.1, THE PRECEDING SENTENCEAPPLICATION, SUPPORT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE THIRD-PARTY SOFTWARE, DOCUMENTATION DATA, AND ANYTHING ELSE INFORMATION ARE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, . BABEL STREET DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY COURSE OF DEALING OR PERFORMANCE, CUSTOM OR USAGE OF TRADE. BABEL STREET DOES NOT WARRANT THAT THE ENTIRE RISK ARISING OUT OF APPLICATION OR ANY COMPONENT THEREOF WILL BE UNINTERRUPTED, THAT THEIR USE OR PERFORMANCE OPERATION WILL BE ERROR OR DEFECT FREE, THAT THE APPLICATION, ANY DATA FEED, OR ANY COMPONENT THEREOF WILL ALWAYS BE ACCESSIBLE OR AVAILABLE, OR THAT ALL APPLICATION DEFECTS WILL BE CORRECTED. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR, AND BABEL STREET SHALL HAVE NO LIABILITY FOR, THE SELECTION, USE AND SUITABILITY OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUAPPLICATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE NO EMPLOYEE OR AGENT OF BABEL STREET OR ANY OF ITS SUBSIDIARIES OR AFFILIATES IS AUTHORIZED TO STATE. GC HEREBY REPRESENTS MAKE ANY STATEMENT THAT ADDS TO OR AMENDS ANY OF THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVER, GC REPRESENTS THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS WARRANTIES OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED LIMITATIONS CONTAINED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREAGREEMENT.

Limited Warranty. GC EXCEPT AS STATED IN THIS SECTION THE REPOSITORY DATA SET(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. Vanderbilt warrants thatthat is has the authority to grant the license contained in this Agreement. These warranties shall remain in effect provided: (i) it Purchasing Institution has not altered or improperly used the full power to enter into this Agreement and grant the license rights set forth hereindata; (ii) it Purchasing Institution has not granted and will not grant any rights in the SOFTWARE to any third party which grant is inconsistent complied with the rights granted to You in this Agreementall configuration requirements; and (iii) the SOFTWARE does Purchasing Institution is not and will not infringe in breach of any trade secret, copyright, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyprovision of this Agreement. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND Disclaimer. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GC THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS. VANDERBILT DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY FOR ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, DOCUMENTATION REPOSITORY DATA SET(S) AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDSUPPORT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER VANDERBILT KNEW OR HAD REASON TO KNOW OF PURCHASING INSTITUTION’S PARTICULAR NEEDS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF VANDERBILT IS AUTHORIZED TO MODIFY THE ENTIRE RISK ARISING OUT LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF USE OR PERFORMANCE OF IMPLIED WARRANTIES, SO THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOUABOVE EXCLUSION MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU PURCHASING INSTITUTION SPECIFIC LEGAL RIGHTS. YOU , AND PURCHASING INSTITUTION MAY ALSO HAVE OTHERS OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. GC HEREBY REPRESENTS THAT Limitation of Liability. Vanderbilt’s entire liability and Purchasing Institution’s exclusive remedy for a breach of this Agreement, except for a breach of the Limited Warranty set forth above, shall be termination of this Agreement. Vanderbilt shall have no liability for consequential, exemplary, indirect, special or incidental damages whether based on contract, tort or any other legal theory, arising out of or related to this Agreement or the inability to use the REPOSITORY DATA SET(S) or Limited Support, nor shall Vanderbilt be liable for any loss of data or lost profits of Purchasing Institution, even if Vanderbilt is apprised of the likelihood of such damages occurring. Vanderbilt’s total liability under this Agreement for any reason shall not exceed the amount of the purchasing payment made under this Agreement. Purchasing Institution acknowledges and agrees that licensing the REPOSITORY DATA SET(S) for the Fees under this Agreement reflects the allocation of risks expressed by (but not limited to) the above limitations of liability. Modification of such allocation would affect the Fees charged by Vanderbilt, and in consideration of Vanderbilt charging the Fees, the Purchasing Institution agrees to such allocation of risks. SOME COUNTRIES OR STATES DO NOT ALLOW THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND OPERATE IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERLIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GC REPRESENTS THAT SO THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE ABOVE LIMITATION MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY NOT APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLYAssignment. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENTPurchasing Institution shall not assign or transfer this Agreement or any of its rights or obligations hereunder, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWAREwhether by operation of law or otherwise, without the prior written consent of Vanderbilt. Vanderbilt may assign its rights or obligations hereunder without the consent of or notice to Purchasing Institution. This Agreement shall inure to the benefit of and bind successors and permitted assigns of Vanderbilt and Purchasing Institution.

Limited Warranty. GC warrants that: NICE WARRANTS FOR A MAXIMUM PERIOD OF SIX (i6) it has the full power to enter into this Agreement and grant the license rights set forth herein; (ii) it has not granted and will not grant any rights in the MONTHS, AFTER DELIVERY, THAT THE SOFTWARE to any third party which grant is inconsistent with the rights granted to You in this Agreement; and (iii) the WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE does not and will not infringe any trade secretNOT SO PERFORM, copyrightYOUR EXCLUSIVE REMEDY, trademark or other proprietary right held by any third party and does not infringe any patent held by any third partyAND NICE’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE CORRECTION OF THE DEFECT ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS VOID IF NONPERFORMANCE OF THE SOFTWARE IS DUE TO ABUSE OR MISAPPLICATION. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY NICE REGARDING THE SOFTWARE. YOU AGREE THAT THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY OF BREACH BY NICE OR ANY WARRANTIES MADE UNDER THIS AGREEMENT. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED “AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GC EXPRESSLY NICE DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY GC HEREBY AND GC PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE. NICE DOES NOT WARRANT THAT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF FUNCTIONS CONTAINED IN THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. GC HEREBY REPRESENTS HAVE, OR THAT THE SOFTWARE LICENSED HEREWITH IS ONLY INTENDED TO RUN AND WILL OPERATE ERROR FREE, OR IN ACCORDANCE WITH ITS DOCUMENTATION. MOREOVERAN UNINTERRUPTED FASHION, GC REPRESENTS OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE VISUAL BASIC SOFTWARE COMPONENTS ARE INTENDED IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. NICE IS NOT OBLIGATED TO RUN AND OPERATE IN THE MICROSOFT VISUAL STUDIO DEVELOPMENT ENVIRONMENT, WHICH IS THE DEVELOPMENT ENVIRONMENT FOR WHICH GC PROVIDES TECHNICAL SUPPORT. NOTWITHSTANDING THE FOREGOING, WHILE THE SOFTWARE MAY RUN AND OPERATE CONSISTENTLY WITH ITS DOCUMENTATION IN OTHER CONTAINERS OR DEVELOPMENT ENVIRONMENTS, WHETHER AS A STAND-ALONE SOFTWARE LIBRARY OR AS A NESTED CONSTITUENT OF A CONTROL OR APPLICATION, GC EXPRESSLY MAKES NO SUCH REPRESENTATION. DEVELOPMENT ENVIRONMENTS, APPLICATIONS AND/OR CONTAINERS OTHER THAN MICROSOFT VISUAL STUDIO ARE DEEMED PROVIDE ANY UPDATES TO BE NON-STANDARD CONTAINERS FOR WHICH DIFFERENT LICENSING TERMS MAY APPLY. SUCH LICENSING TERMS ARE NOT INCLUDED IN THIS XXXX AND MAY BE OBTAINED BY CONTACTING GC DIRECTLY. THIS LIMITED WARRANTY SHALL BE VOID AND NULL IF FAILURE OF THE SOFTWARE TO PERFORM SUBSTANTIALLY AS DESCRIBED IN ITS DOCUMENTATION HAS RESULTED FROM AN ACCIDENT, OR THE ABUSE OR MISAPPLCATION OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES.