Common use of Open Source Software Clause in Contracts

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Server Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Server Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Server Software) are provided in the Server Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The To the extent the Monkey Software includes third party and Support and Maintenance Services provided under this XXXX contain software that is subject to open source code software licensing terms (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to , Customer agrees that all such Open Source Software license shall be and shall remain subject to the terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software conditions under which it is provided to You as part of and that all such Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already is provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “"AS IS” BASIS," WITHOUT ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND AND, AND PERVASIVE TO THE EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), MONKEY FURTHER DISCLAIMS ALL WARRANTIES OTHER REPRESENTATIONS, WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD RESPECT TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS NEITHER MONKEY NOR THE LICENSORS BE LIABLE OF OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVESPECIAL, EXEMPLARY EXEMPLARY, OR SPECIAL CONSEQUENTIAL DAMAGES OR (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY OTHER DAMAGES WHATSOEVERTHEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCESTRICT LIABILITY, OR OTHER TORTIOUS ACTION, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE DISTRIBUTION OF THE OPEN SOURCE SOFTWARE SOFTWARE, EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLEDAMAGES. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONCopyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. To the extent that Monkey Software incorporates any Open Source Software, Monkey represents and warrants that it has all of the necessary rights and licenses in order to allow Customer to use Monkey Software as contemplated in this XXXX.

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file “about box” or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS AS-IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVEXXXXXXXXX’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file “about box” or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVEXXXXXXXXX’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party contains certain open source code software which may be subject to the GNU General Public License (“GPL”), GNU Library/ Lesser General Public License (“LGPL”) and/or other copyright licenses, disclaimers and notices (“Open Source SoftwareLicense Terms”). Any The applicable Open Source License Terms for the corresponding Open Source Software provided hereunder is provided pursuant are reproduced and available at xxxx://xxx.xxxxxxxxxx.xxx/licenses. Please refer to the Open Source License Terms regarding your rights under such licenses to the Open Source Software. To the extent any such agreement requires that Kyocera provide you the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to you in this Agreement, then such rights in the applicable Open Source License shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software license terms Software. Disclaimer of Warranty and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE Liability: THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE WITHOUT WARRANTY OF ANY KIND. KYOCERA FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWAREWARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ALL LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION AND SATISFACTORY QUALITY. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECTTO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, THE ENTIRE RISK ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL KYOCERA, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, LICENSORS, SUPPLIERS, CARRIER OR DISTRIBUTOR CUSTOMERS OR AFFILIATES BE HELD 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, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF PERVASIVE OR ITS LICENSORS HAVE KYOCERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLEEVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. THIS LIMITATION WILL NOT APPLY TO KYOCERA’S TOTAL LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO ANY DAMAGES UNDER THIS AGREEMENT SHALL NEVER EXCEED THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONPURCHASE PRICE YOU PAID FOR THE KYOCERA DEVICE. No software is fault free. The Software is designed for use in systems that do not require fail-safe performance. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of loss, injury or death to any person. This includes operation of nuclear or infrastructure facilities, medical equipment, aircraft navigation or communication systems or use in risky or dangerous situations or environments.

Open Source Software. The Software includes third party contains certain open source code software which may be subject to the GNU General Public License (“"GPL"), GNU Library/Lesser General Public License ("LGPL") and/or other copyright licenses, disclaimers and notices (Open Source License Terms"). The applicable Open Source License Terms for the corresponding Open Source Software are reproduced and available at xxxx://xxx.xxxxxxxxxx.xxx/licenses. Please refer to the Open Source License Terms regarding your rights under such licenses to the Open Source Software”). Any To the extent any such agreement requires that Kyocera provide you the rights to copy, modify, distribute or otherwise use any Open Source Software provided hereunder is provided pursuant that are inconsistent with the limited rights granted to you in this Agreement, then such rights in the applicable Open Source License shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software license terms Software. Disclaimer of Warranty and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE Liability: THE SOFTWARE IS PROVIDED ON AN “"AS IS” BASIS, AND PERVASIVE " WITHOUT WARRANTY OF ANY KIND. KYOCERA FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWAREWARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ALL LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION AND SATISFACTORY QUALITY. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECTTO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, THE ENTIRE RISK ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL KYOCERA, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, LICENSORS, SUPPLIERS, CARRIER OR DISTRIBUTOR CUSTOMERS OR AFFILIATES BE HELD 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, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF PERVASIVE OR ITS LICENSORS HAVE KYOCERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLEEVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. THIS LIMITATION WILL NOT APPLY TO KYOCERA'S TOTAL LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO ANY DAMAGES UNDER THIS AGREEMENT SHALL NEVER EXCEED THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONPURCHASE PRICE YOU PAID FOR THE KYOCERA DEVICE. No software is fault free. The Software is designed for use in systems that do not require fail-safe performance. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of loss, injury or death to any person. This includes operation of nuclear or infrastructure facilities, medical equipment, aircraft navigation or communication systems or use in risky or dangerous situations or environments.

Open Source Software. The Software includes third party open source code software (“Licensed Product contains Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the You may receive a non-exclusive right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of use the Open Source Software included from the respective rights holders under the conditions provided for in the Software and available applicable Open Source licenses. This agreement only applies to You from Pervasive, the components that are not licensed as Open Source Software. Please find the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided licenses in the Software notice.txt file or similar file, and/or accompanying documentationAnnex to this agreement. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE WARRANTY DISCLAIMER THE LICENSED PRODUCT IS PROVIDED ON AN “LICENSED TO YOU "AS IS” BASIS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KDAB ON BEHALF OF ITSELF AND PERVASIVE ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWAREAND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT. THIS WARRANTY DISCLAIMER NOTWITHSTANDING, YOU MAY HAVE SPECIFIC LEGAL RIGHTS WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. KDAB warrants that the licensed product is free of third party rights, does not contain any code that does telemetry, or accesses the internet, and does not contain malware. LIMITATION OF LIABILITY IF, KDAB'S WARRANTY DISCLAIMER NOTWITHSTANDING, KDAB IS HELD LIABLE TO YOU, WHETHER IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECTCONTRACT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES TORT OR ANY OTHER DAMAGES WHATSOEVERLEGAL THEORY, WHETHER IN AN ACTION OF CONTRACTBASED ON THE LICENSED PRODUCT, NEGLIGENCEKDAB'S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY SHALL BE, OR OTHER TORTIOUS ACTIONAT KDAB'S OPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE EITHER (A) RETURN OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF PRICE YOU PAID FOR THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.LICENSED PRODUCT, OR

Open Source Software. The SC Software includes third party open source code software (certain “Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from PervasiveSC Software, the applicable license terms, and how to obtain the Open Source Software (if not already will be provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentationCustomer upon written request. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive SparkCognition alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE SPARKCOGNITION DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE SPARKCOGNITION OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE SPARKCOGNITION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVESPARKCOGNITION’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party Portions of the software may be open source code software and may be governed by and distributed under open source licenses, including the terms of the GNU General Public License (“Open Source Software”GPL), and terms of the Lesser General Public License (LGPL), which terms are located at: xxxxx://xxx.xxxxxxxxxx.xxx/services-support/open-source. WARRANTIES & DISCLAIMERS. AUDIOCODES WARRANTS THAT THE MANAGED SERVICES AND SOFTWARE WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH AUDIOCODES’ PUBLISHED SPECIFICATIONS (AS UPDATED FROM TIME TO TIME). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditionsAUDIOCODES DOES NOT GUARANTEE THAT THE MANAGED SERVICES AND SOFTWARE WILL ALWAYS BE AVAILABLE OR BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT AUDIOCODES WILL CORRECT ALL MANAGED SERVICES OR SOFTWARE ERRORS. Upon reasonable notice to YouCUSTOMER ACKNOWLEDGES THAT AUDIOCODES DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionalityINCLUDING THE INTERNET, AND THAT THE MANAGED SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE EXCEPT FOR THE ABOVE WARRANTY THE MANAGED SERVICES AND SOFTWARE IS ARE PROVIDED TO THE CUSTOMER AND ACCEPTED BY CUSTOMER ON AN “"AS IS” BASIS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO TITLE, THE DESCRIPTION, QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, COMPLETENESS, THE CONDITION OR CAPABILITY IN WHOLE OR IN PART, OF THE SERVICES’ FITNESS FOR A PARTICULAR PURPOSE, THE DELIVERY, USE OR PERFORMANCE IN WHOE OR PART OF THE MANGED SERVICES AND SOFTWARE, ALL SUCH WARRANTIES BEING EXPRESSLY EXCLUDED AND DISCLAIMED. THIS WARRANTY DOES NOT COVER, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD AUDIOCODES AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY FAILURE OR DEFECT AND THE RESULTING DAMAGE CAUSED BY THE USE OF THE MANAGED SERVICES. AUDIOCODES SPECIFICALLY DOES NOT WARRANT THAT THE MANAGED SERVICE OR SOFTWARE CONFORMS TO OPEN SOURCE ANY RELATED STATUTE OR REGULATION AND INDICATES THAT NOTHING STATED OR IMPLIED BY AUDIOCODES, ITS AFFILIATES AND ITS REPRESENTATIVES IS TO BE CONSIDERED LEGAL COUNSEL. FURTHER, AUDIOCODES ITS AFFILIATES AND ITS REPRESENTATIVES BEAR NO RESPONSIBILITY TO NOTIFY THE CUSTOMER OF ANY REGULATORY CHANGES WHICH MAY LIMIT USE OF THE MANAGED SERVICE OR SOFTWARE. NO WARRANTY SHALL APPLY TO DEFECTS, FAILURES, DAMAGE, OR LOSS RESULTING FROM CORRECTIONS, REPAIRS OR SERVICE NECESSITATED BY: (i) CUSTOMER’S, ITS END-CUSTOMERS OR OTHER USER’S SYSTEM, OTHER EQUIPMENT OR ITS USE; (ii) ANY ACT OR OMISSION BY ANYONE OTHER THAN AUDIOCODES; (iii) INTERNET OR POWER SHORTAGES, IRREGULARITIES, OR FAILURES; (iv) MODIFICATION OF THE MANAGED SERVICES OR SOFTWARE BY ANYONE OTHER THAN AUDIOCODES; (v) OR ANY OTHER CAUSE BEYOND AUDIUCODES CONTROL. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL AUDIOCODES OR ITS SUPPLIERS BE LIABLE TO THE CUSTOMER OR ITS END CUSTOMERS UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE THE USE OF OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES INABILITY TO USE THE MANAGED SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY (I) INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVERWHATSOEVER (INCLUDING, WHETHER IN AN ACTION WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRACTPROFITS OR REVENUE, NEGLIGENCEBUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER TORTIOUS ACTIONPUNITIVE LOSS), ARISING OUT (II) MATTER BEYOND ITS REASONABLE CONTROL, (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR IN CONNECTION WITH RIGHTS OR (IV) DIRECT DAMAGES EXCEEDING ONE (1) YEAR'S SUBSCRIPTION FEES PAYABLE UNDER THE USE OR PERFORMANCE OF SEPCIFIC SOW AT ISSUE. THE OPEN SOURCE SOFTWARE FOREGOING LIMITATIONS SHALL APPLY EVEN IF PERVASIVE OR ITS LICENSORS CUSTOMER SHALL HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. FOR AVOIDANCE OF ANY DOUBT, AUDIOCODES SHALL BE LIABLE ONLY TO CUSTOMER AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY SHALL BEAR NO LIABLITY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO ANY OF THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONEND CUSTOMERS.

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in Revision date: December 6, 2011 this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Server Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Server Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Server Software) are provided in the Server Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file “about box” or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party Licensed Product may be delivered with software that is subject to open source code software licensing terms (“Open Source Software”), which terms are available upon request. Any Certain Open Source Software provided hereunder is provided pursuant licenses require that source code be made available upon request. Licensee may request a copy of such source code by post to such Synopsys at: Synopsys, Inc., Attention: Open Source Software license terms and conditionsRequests, 000 Xxxx Xxxxxxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx 00000, XXX. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Licensee agrees that all Open Source Software with software that has similar functionalityshall be and shall remain subject to the terms and conditions under which it is provided. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already is provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS,” BASISWITHOUT ANY WARRANTY OF ANY KIND, AND PERVASIVE SYNOPSYS FURTHER DISCLAIMS ALL WARRANTIES OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD RESPECT TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITYNONINFRINGEMENT, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS NEITHER SYNOPSYS NOR THE LICENSORS BE LIABLE OF OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVESPECIAL, EXEMPLARY EXEMPLARY, OR SPECIAL CONSEQUENTIAL DAMAGES OR (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY OTHER DAMAGES WHATSOEVERTHEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCESTRICT LIABILITY, OR OTHER TORTIOUS ACTION, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE DISTRIBUTION OF THE OPEN SOURCE SOFTWARE SOFTWARE, EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.SUCH

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVEXXXXXXXXX’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Server Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive Actian has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive Actian provide copyright and license information to You. A list of the Open Source Software included in the Server Software and available to You from PervasiveActian, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Server Software) are provided in the Server Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive Actian alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE ACTIAN DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE ACTIAN OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE ACTIAN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVEACTIAN’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Server Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Server Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Server Software) are provided in the Server Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVEXXXXXXXXX’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in Revision date: December 6, 2011 this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVEXXXXXXXXX’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party open source code software (“Open Source Software”). Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated Revision date: November 10, 2010 with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Open Source Software. The Software includes third party contains certain open source code software which may be subject to the GNU General Public License (“GPL”), GNU Library/ Lesser General Public License (“LGPL”) and/or other copyright licenses, disclaimers and notices (“Open Source SoftwareLicense Terms”). Any The applicable Open Source License Terms for the corresponding Open Source Software provided hereunder is provided pursuant are reproduced and available at xxxx://xxx.xxxxxxxxxx.xxx/licenses. Please refer to the Open Source License Terms regarding your rights under such licenses to the Open Source Software. To the extent any such agreement requires that Kyocera provide you the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to you in this Agreement, then such rights in the applicable Open Source License shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software license terms Software. Disclaimer of Warranty and conditions. Upon reasonable notice to You, Pervasive has the right to replace software provided to You as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that Pervasive provide copyright and license information to You. A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to You as part of the Software) are provided in the Software notice.txt file or similar file, and/or accompanying documentation. Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party. ALL OPEN SOURCE Liability: THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND PERVASIVE WITHOUT WARRANTY OF ANY KIND. KYOCERA FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWAREWARRANTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, ALL LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION AND SATISFACTORY QUALITY. IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECTTO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, THE ENTIRE RISK ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL KYOCERA, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, LICENSORS, SUPPLIERS, CARRIER OR DISTRIBUTOR CUSTOMERS OR AFFILIATES BE HELD 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, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF PERVASIVE OR ITS LICENSORS HAVE KYOCERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLEEVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. THIS LIMITATION WILL NOT APPLY TO KYOCERA’S TOTAL LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVE’S OR ITS LICENSORS’ NEGLIGENCE TO ANY DAMAGES UNDER THIS AGREEMENT SHALL NEVER EXCEED THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONPURCHASE PRICE YOU PAID FOR THE KYOCERA DEVICE. No software is fault free. The Software is designed for use in systems that do not require fail-safe performance. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of loss, injury or death to any person. This includes operation of nuclear or infrastructure facilities, medical equipment, aircraft navigation or communication systems or use in risky or dangerous situations or environments. Consent to Use of Data: You agree that Kyocera, its affiliates and its designated agents may collect and use technical and related information, gathered in any manner, as part of its product support services. Kyocera, its affiliates and designated agents may use this information solely to improve its products or to provide customized services or technologies to you. Kyocera will collect and use this information in accordance with its privacy policy and accordance with applicable data protection laws. Kyocera, its affiliates and designated agents may disclose this information to others, but not in a form that personally identifies you.