Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. 14.1 InterWorld warrants that, for a period of one (1) year after receipt by Licensee's end user customer of the initial delivery of the InterWorld Products (the "Warranty Period"), the media on which the InterWorld Products is delivered will be free of defects in material and workmanship under normal use and the unmodified InterWorld Products, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (b) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder does not apply to any nonconformance caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, parts or supplies not supplied by InterWorld; or (C) improper site preparation or equipment. 14.2 InterWorld hereby warrants that the functions, calculations and other computing processes of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the Software. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS WARRANTY SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, OR ANY OTHER CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15. INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALS.

Warranty and Limitation of Liability. 14.1 InterWorld National Auto Care warrants thatto You, as the original purchaser, that the Device will be free from defects in workmanship, excluding installations performed by non-National Auto Care approved third-parties, and materials under normal use (“Defects”) for a period of one (1) year after receipt from the date the service is activated by Licensee's end user customer of the initial delivery of selling party. During the InterWorld Products (limited warranty period the "Warranty Period"), the media on which the InterWorld Products is delivered Device will be free of repaired or replaced at National Auto Care’s sole discretion, at its expense. This limited warranty ONLY COVERS failures due to defects in material materials or workmanship for the Device as delivered, and workmanship under DOES NOT COVER : (i) normal use wear and the unmodified InterWorld Productstear or cosmetic damage, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (bii) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder does not apply to any nonconformance failures which are caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, parts or supplies products not supplied by InterWorld; National Auto Care, (iii) failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, opening or attempting to open the Device, faulty installation, setup adjustments, improper maintenance, if the Device has been used or combined with accessories or device not approved by National Auto Care, power surge, connection to an improper voltage supply, lightning damage, modification, introduction of sand, humidity or liquids, proximity or exposure to heat or chemicals, industrial use of the Device, or reception problems caused by signal conditions or cable or antenna systems outside the Device, reception problems caused by an inadequate signal level in the operating area, unauthorized use, (iv) service by anyone other than a factory service center or other authorized servicer, or (Cv) improper site preparation or equipment. 14.2 InterWorld hereby warrants damage that the functions, calculations and other computing processes is attributable to acts of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the SoftwareGod. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS EXCEPT AS LISTED UNDER THIS “LIMITED WARRANTY SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES POLICY” THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST PURPOSE OR WARRANTIES OF NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTYACCURACY, OR ANY OTHER CLAIMS WARRANTIES ARISING BY THIRD PARTIES STATUTE OR OTHERWISEOTHERWISE IN LAW. Further this warranty will be deemed null and void if You did not contact National Auto Care prior to transferring the Device. Claims Process: In order to make a claim under the Limited Warranty, SHALL NOTYou must contact National Auto Care at 1-800-548-1875. during the Limited Warranty Period to explain the Defect. National Auto Care will troubleshoot the matter. In the event National Auto Care is unable to resolve the issue, IN ANY EVENTNational Auto Care shall issue a return authorization number. Upon receipt of the return authorization number, EXCEED You shall arrange to have the defective Device returned to National Auto Care (Note: You are responsible for shipping charges to the returns center). National Auto Care shall be responsible for replacement of the replacement Device and shipping costs to Your dealer for installation. Miscellaneous: If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LICENSE FEES PAID BY END USER FOR LIMITED WARRANTY. SOFTWARE LOADED ON THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING DEVICE AND SERVICES ARE PROVIDED "AS DESCRIBED IN SECTION 15IS" WITHOUT WARRANTY. INTERWORLD AND ITS SUPPLIERS NATIONAL AUTO CARE SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITSANY DIRECT, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES (FOR BREACH OF THE LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATIONAL AUTO CARE EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE COST ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED PROPOSAL, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE POSSIBILITY THEREOFFOREGOING EXPRESS WARRANTY PERIOD. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL EMPLOYEE OR AGENT OF NATIONAL AUTO CARE HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO YOU WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALSORAL.

Warranty and Limitation of Liability. 14.1 InterWorld ElasticM2M warrants thatto You, as the original purchaser, that the Device will be free from defects in workmanship, excluding installations performed by non ElasticM2M approved third-parties, and materials under normal use (“Defects”) for a period of one (1) year after receipt from the date the service is activated by Licensee's end user customer of the initial delivery of selling party. During the InterWorld Products (limited warranty period the "Warranty Period"), the media on which the InterWorld Products is delivered Device will be free of repaired or replaced at ElasticM2M’s sole discretion, at its expense. This limited warranty ONLY COVERS failures due to defects in material materials or workmanship for the Device as delivered, and workmanship under DOES NOT COVER : (i) normal use wear and the unmodified InterWorld Productstear or cosmetic damage, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (bii) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder does not apply to any nonconformance failures which are caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, parts or supplies products not supplied by InterWorld; ElasticM2M, (iii) failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, opening or attempting to open the device, faulty installation, setup adjustments, improper maintenance, if the Device has been used or combined with accessories or device not approved by ElasticM2M, power surge, connection to an improper voltage supply, lightning damage, modification, introduction of sand, humidity or liquids, proximity or exposure to heat or chemicals, industrial use of the product, or reception problems caused by signal conditions or cable or antenna systems outside the Device, reception problems caused by an inadequate signal level in the operating area, unauthorized use, (iv) service by anyone other than a Factory Service Center or other Authorized Servicer, or (Cv) improper site preparation or equipment. 14.2 InterWorld hereby warrants damage that the functions, calculations and other computing processes is attributable to acts of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the SoftwareGod. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS EXCEPT AS LISTED UNDER THIS “LIMITED WARRANTY SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES POLICY” THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST PURPOSE OR WARRANTIES OF NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTYACCURACY, OR ANY OTHER CLAIMS WARRANTIES ARISING BY THIRD PARTIES STATUTE OR OTHERWISEOTHERWISE IN LAW. Further this warranty will be deemed null and void if You did not contact ElasticM2M prior to transferring Device to different vehicle. Claims Process: In order to make a claim under the Limited Warranty, SHALL NOTyou must contact ElasticM2M at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ during the Limited Warranty Period to explain the Defect. ElasticM2M will troubleshoot the matter. In the event ElasticM2M is unable to resolve the issue, IN ANY EVENTElasticM2M shall issue a return authorization number. Upon receipt of the return authorization number, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15You shall arrange to have the Defective Device returned to ElasticM2M (Note: You are responsible for shipping charges to the returns center). INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ElasticM2M shall be responsible for replacement of the replacement Device and shipping costs to Your Dealer for installation. Within thirty (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT30) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALSdays of ElasticM2M’s issuance of an return authorization number.

Warranty and Limitation of Liability. 14.1 InterWorld a) Subject to these Terms, Topcon warrants thatthat for three (3) years (except on Products CV‐5000S, for a period of KR‐1 and CL‐300 which have five (5) years, CA‐800 and Aladdin which have two (2) years, and all Pascal lasers and components (LIO, EPM, PSLT) which have one (1) year after receipt by Licensee's end user customer of the initial year) from delivery of the InterWorld Products (the "Warranty Period")to Customer, the media on which the InterWorld Products is delivered will be free of from material defects or workmanship and shall perform in material and workmanship accordance with published specifications under normal use and application. If this warranty is breached, Topcon, at its option, will either repair or replace the unmodified InterWorld defective Products, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (b) in the event (a) is if not possible, return refund the purchase price. Topcon hereby assigns to Customer any license manufacturer warranties Topcon received for items which are incorporated into the Products and maintenance royalties paidon third party‐products sold by Topcon with no modification. Without limitation of any term or condition contained Topcon shall have no warranty obligations for such third party products. No warranties are given in this Agreement, InterWorld's obligation hereunder connection with services. The warranty does not apply to a Product which has been tampered with or altered in any nonconformance way or which has the serial number removed or altered. The warranty does not cover damage due to shipping or external causes, including and without limitation, accidents, acts of God, natural disasters, acts of war or terrorism, abuse, misuse, user negligence, relocation of the Products from the location of initial installation (unless performed by Topcon personnel), problems with electrical power, servicing not authorized or not performed by Topcon, usage not in accordance with instructions, failure to perform required maintenance, and/or problems caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, use of parts or supplies and components not supplied by InterWorld; Topcon. Consumables which are bound to be replaced or (C) improper site preparation require replacement in a normal use or equipmentmaintenance process are not covered by this warranty. 14.2 InterWorld hereby warrants that the functions, calculations and other computing processes of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the Software. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS WARRANTY b) EXCEPT AS SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD 8(a) ABOVE, TOPCON MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSE. TOPCON WILL NOT BE OBLIGATED TO HONOR ANY WARRANTY UNLESS IT HAS BEEN PAID IN FULL FOR THE PRODUCTS. TOPCON DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, AND ALL INCLUDING ANY LIABILITY AGAINST INFRINGEMENTFOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR ARISING FROM COURSE FOR PROVIDING SERVICES AND SUPPORT. TOPCON WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF PERFORMANCEBUSINESS, COURSE LOSS OF DEALINGDATA, OR USAGE OF TRADE. INTERWORLD DOES DAMAGES THAT ARE NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTYREASONABLY FORESEEABLE, OR ANY OTHER CLAIMS BY THIRD PARTIES OR OTHERWISECONSEQUENTIAL, SHALL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15. INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTALINDIRECT OR PUNITIVE DAMAGES, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING PATIENTS). IN NO EVENT SHALL INTERWORLD BE THIS LIMITATION OF LIABILITY APPLIES TO ANY PRODUCTS, SERVICES AND/OR SUPPORT THAT CUSTOMER PURCHASES FROM TOPCON. CUSTOMER AGREES THAT FOR ANY LIABILITY WHATSOEVER, TOPCON IS NOT LIABLE OR RESPONSIBLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE ANY AMOUNT ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS CUSTOMER TO TOPCON FOR THE INTERWORLD PURCHASE OF PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALS.

Warranty and Limitation of Liability. 14.1 InterWorld warrants that, for a period of one (1) year after receipt by Licensee's end user customer If Partner notifies SpinGo that the SpinGo Platform or any feature of the initial delivery of SpinGo Platform is not functioning properly, SpinGo may undertake such efforts as, in SpinGo’s sole discretion, are calculated to correct the InterWorld Products problem. In no event shall SpinGo be responsible for any issues or problems arising from any website operated by Partner (each a “Partner Website”) whether or not caused by the "Warranty Period"), the media on which the InterWorld Products is delivered will be free of defects in material and workmanship under normal use and the unmodified InterWorld Products, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to LicenseeSpinGo Platform. . Licensee's Partner’s sole remedy in the event of non-conformity the SpinGo Platform interferes with a Partner Website or that the SpinGo Platform or any feature of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (b) in the event (a) SpinGo Platform is not possible, return any license and maintenance royalties paidfunctioning properly is to terminate this Agreement by giving written notice to SpinGo. Without limitation of any term or condition contained THE LICENSE Set forth in this Agreement, InterWorld's obligation hereunder does not apply to any nonconformance caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, parts or supplies not supplied by InterWorld; or (C) improper site preparation or equipment. 14.2 InterWorld hereby warrants that the functions, calculations and other computing processes of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the Software. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS section 1 above is PROVIDED "AS IS" WITHOUT WARRANTY SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE. Partner BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SpinGo platform or any portion thereof. WITHOUT LIMITING THE FOREGOING, AND ALL LIABILITY AGAINST INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD SpinGo DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE INTERWORLD PRODUCTS ARE SpinGo Platform SHALL BE UNINTERRUPTED OR ERROR-FREE. In no event will SpinGo, THAT THEY its employees or agents be liable for any lost profits, indirect, incidental, special, punitive or consequential damages, including damages due to loss of data or goodwill, arising out of this Agreement or the use of or reliance upon the SpinGo Platform, even if SpinGo has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCE WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE SpinGo’S TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ANY KIND ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, OR ANY OTHER CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT, IN ANY EVENT, RELATED TO THIS AGREEMENT EXCEED THE LICENSE FEES TOTAL AMOUNT PAID BY END USER FOR Partner TO SpinGo DURING THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15. INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALSIMMEDIATELY PRECEDING TWELVE MONTH PERIOD.

Warranty and Limitation of Liability. 14.1 InterWorld 4.1. Midmark RTLS warrants that, for a period that it has the right to license use of one (1) year after receipt by Licensee's end user customer of the initial delivery of the InterWorld Products (the "Warranty Period"), the media on which the InterWorld Products is delivered will be free of defects in material and workmanship under normal use and the unmodified InterWorld Products, when properly installed and used, will conform in all material respects this Software to the InterWorld documentation provided to Licensee. . Licensee's remedy Midmark RTLS further warrants that the computer programs licensed under this Agreement in the event of non-conformity of the InterWorld Products will be (a)no way infringe upon or conflict with any patent, replacement of the defective InterWorld Products to end user's satisfaction trademark, or (b) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation copyright of any term third party. Midmark RTLS agrees to indemnify and hold the Licensee harmless from and against any claim of patent, trademark, or condition contained in this Agreementcopyright infringement, InterWorld's obligation hereunder provided that the Licensee must promptly notify Midmark RTLS of such claims and must give Midmark RTLS the full right, at Midmark RTLS’s expense and at Midmark RTLS’s sole discretion, to defend and settle any such claims. This warranty does not apply to any nonconformance caused by problems resulting from: (Aa) improper installation of the Software by Licensee or inadequate maintenance installation by Licensee of the Software on improper hardware; (b) modification of the Software not undertaken or calibrationperformed by Midmark RTLS; (c) malfunctions in any computer hardware or software or systems files not provided by Midmark RTLS; (d) accident of Licensee; (e) neglect of Licensee; (f) misuse of the Software by Licensee; (g) use of the Software with data of any entity other than Licensee; or (Bh) software, interfacing equipment, parts power surge or supplies failure at the Designated Location. Midmark RTLS does not supplied by InterWorld; or warrant: (Ca) improper site preparation or equipment. 14.2 InterWorld hereby warrants that the functions, calculations and other computing processes operation of the Software will perform be uninterrupted; (b) that the Software is error free; (c) that all defects in a consistent manner regardless the Software will be corrected; or (d) any change or modification of the date Software made by Licensee; provided, however, any change or modification properly made by Licensee in time on which accordance with instructions contained in the processes are actually performed and regardless of Documentation for the date input to Software shall not void the Softwarewarranty provided by Midmark RTLS herein. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS WARRANTY EXCEPT SUCH REMEDIES AS SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF LIMITED WARRANTY, MIDMARK RTLS AND ITS LICENSORS SHALL NOT BE LIABLE FOR AND HEREBY DISCLAIM ANY KINDAND ALL DIRECT, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSESPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, AND ALL LIABILITY AGAINST INFRINGEMENT, CONSEQUENTIAL DAMAGES OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEEDELAY, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, OR ANY OTHER CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15. INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITSPROFITS OR INCOME, LOSS OR INACCURACY OF DATA OR ANY INDIRECTDATA, SPECIALLOSS OF USE, INCIDENTALDOWN TIME, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOFCOVER, AND EMPLOYEE AND INDEPENDENT CONTRACTOR WAGES, PAYMENTS, AND BENEFITS. IN NO EVENT SHALL INTERWORLD BE LIABLE THE TOTAL LIABILITY OF MIDMARK RTLS AND ITS LICENSORS TO USER FOR ORAL ALL DAMAGES ARISING OUT OF OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR RELATING TO THE INTERWORLD PRODUCTSSOFTWARE EXCEED THE PURCHASE PRICE OF THE SOFTWARE. THESE RESTRICTIONS ON THE LIABILITY OF MIDMARK RTLS AND ITS LICENSORS, (b) ADVERTISINGAND THE REMEDIES AVAILABLE TO USER, OR (c) MARKETING MATERIALS.SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF THE SOFTWARE

Warranty and Limitation of Liability. 14.1 InterWorld To the extent any limitation of liability contained herein is construed by a court of competent jurisdiction to be a limitation of liablllty In violation of Oklahoma Jaw, such limitation of liability shall be void. L7.1 PBGFS AND THE BANK MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE .. L7.2 PSI provides you with the warranty as provided in the Master Agreement and as follows: (a) PSI warrants that, that the Equipment will be free from defects in material and workmanship and will perfonn according to the equipment user guide for a period of one year (1360) year after receipt by Licensee's end user customer days from the date of the initial delivery of the InterWorld Products acceptance (the "Warranty LWarranty Period"), . (b) PSI warrants that the media on which the InterWorld Products is delivered Maintenance Service provided will be free of defects perfonned in material a professional and workmanship under normal use and the unmodified InterWorld Products, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's workmanlike manner. (c) Your remedy in the event of non-conformity of any warranty claim is as provided within the InterWorld Products will be Master Agreement. (a), replacement of the defective InterWorld Products to end user's satisfaction or (bd) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder A "defecr does not apply include the failure of rates within a rate update to any nonconformance caused confonn to published rates. (e) There is no warranty for Equipment requiring repair or replacement because of your negligence, usage which exceeds PS!'s recommendations, damage in transit, virus contamination or toss of data, misuse, external forces, toss or fluctuation of power, fire, flood, or other natural causes, or service by anyone other than PSI. There is no warranty for Equipment arising from the use of third party supplies (A) improper or inadequate maintenance or calibrationsuch as ink} that results in: (i} damage to PSI Equipment; (Bii) softwarepoor indicia, interfacing equipmenttext, parts or supplies not supplied by InterWorldimage print quality; (iii) indicia readability failures; or (Civ) improper site preparation a failure to print indicia, text, or equipmentimages. 14.2 InterWorld hereby warrants that (f) The print engine(s), print engine components, structural components and printed circuit board assemblies supplied with the functionsPSI Equipment may be reclaimed, calculations and other computing processes of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input reconditioned or remanufactured. Any such item is warranted to perfonn according to the Software. Date input, whether before, on or after January 1, 2000 and whether or not same standards as the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate mannerequivalent new item. 14.3 (g) The warranty does not cover Consumable Supplies. L7.3 PBGFS AND THE EXPRESS WARRANTY BANK ARE NOT LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES), OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT, AND PB! WILL HAVE ONLY SUCH LIABILITY AS SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, OR ANY OTHER CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15. INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALS.MASTER AGREEMENT..

Warranty and Limitation of Liability. 14.1 InterWorld FlexProtect warrants thatto You, as the original purchaser, that the Device will be free from defects in workmanship, excluding installations performed by non FlexProtect approved third-parties, and materials under normal use (“Defects”) for a period of one (1) year after receipt from the date the service is activated by Licensee's end user customer of the initial delivery of selling party. During the InterWorld Products (limited warranty period the "Warranty Period"), the media on which the InterWorld Products is delivered Device will be free of repaired or replaced at FlexProtect’s sole discretion, at its expense. This limited warranty ONLY COVERS failures due to defects in material materials or workmanship for the Device as delivered, and workmanship under DOES NOT COVER : (i) normal use wear and the unmodified InterWorld Productstear or cosmetic damage, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (bii) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder does not apply to any nonconformance failures which are caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, parts or supplies products not supplied by InterWorld; FlexProtect, (iii) failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, opening or attempting to open the device, faulty installation, setup adjustments, improper maintenance, if the Device has been used or combined with accessories or device not approved by FlexProtect, power surge, connection to an improper voltage supply, lightning damage, modification, introduction of sand, humidity or liquids, proximity or exposure to heat or chemicals, industrial use of the product, or reception problems caused by signal conditions or cable or antenna systems outside the Device, reception problems caused by an inadequate signal level in the operating area, unauthorized use, (iv) service by anyone other than a Factory Service Center or other Authorized Servicer, or (Cv) improper site preparation or equipment. 14.2 InterWorld hereby warrants damage that the functions, calculations and other computing processes is attributable to acts of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the SoftwareGod. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS EXCEPT AS LISTED UNDER THIS “LIMITED WARRANTY SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES POLICY” THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST PURPOSE OR WARRANTIES OF NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTYACCURACY, OR ANY OTHER CLAIMS WARRANTIES ARISING BY THIRD PARTIES STATUTE OR OTHERWISEOTHERWISE IN LAW. Further this warranty will be deemed null and void if You did not contact FlexProtect prior to transferring Device to different vehicle. Claims Process: In order to make a claim under the Limited Warranty, SHALL NOTyou must contact FlexProtect at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ during the Limited Warranty Period to explain the Defect. FlexProtect will troubleshoot the matter. In the event FlexProtect is unable to resolve the issue, IN ANY EVENTFlexProtect shall issue a return authorization number. Upon receipt of the return authorization number, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15You shall arrange to have the Defective Device returned to FlexProtect (Note: You are responsible for shipping charges to the returns center). INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FlexProtect shall be responsible for replacement of the replacement Device and shipping costs to Your Dealer for installation. Within thirty (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT30) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALSdays of FlexProtect’s issuance of an return authorization number.

Warranty and Limitation of Liability. 14.1 InterWorld GlobalBAT GPS warrants thatto You, as the original purchaser, that the Device will be free from defects in workmanship, excluding installations performed by non GlobalBAT GPS approved third-parties, and materials under normal use (“Defects”) for a period of one three (13) year after receipt years from the date the service is activated by Licensee's end user customer of the initial delivery of selling party. During the InterWorld Products (limited warranty period the "Warranty Period"), the media on which the InterWorld Products is delivered Device will be free of repaired or replaced at GlobalBAT GPS’s sole discretion, at its expense. This limited warranty ONLY COVERS failures due to defects in material materials or workmanship for the Device as delivered, and workmanship under DOES NOT COVER : (i) normal use wear and the unmodified InterWorld Productstear or cosmetic damage, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or (bii) in the event (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder does not apply to any nonconformance failures which are caused by (A) improper or inadequate maintenance or calibration; (B) software, interfacing equipment, parts or supplies products not supplied by InterWorld; GlobalBAT GPS, (iii) failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, opening or attempting to open the device, faulty installation, setup adjustments, improper maintenance, if the Device has been used or combined with accessories or device not approved by GlobalBAT GPS, power surge, connection to an improper voltage supply, lightning damage, modification, introduction of sand, humidity or liquids, proximity or exposure to heat or chemicals, industrial use of the product, or reception problems caused by signal conditions or cable or antenna systems outside the Device, reception problems caused by an inadequate signal level in the operating area, unauthorized use, (iv) service by anyone other than a Factory Service Center or other Authorized Servicer, or (Cv) improper site preparation or equipment. 14.2 InterWorld hereby warrants damage that the functions, calculations and other computing processes is attributable to acts of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the SoftwareGod. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS EXCEPT AS LISTED UNDER THIS “LIMITED WARRANTY SET FORTH IN SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES POLICY” THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST PURPOSE OR WARRANTIES OF NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTED. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTYACCURACY, OR ANY OTHER CLAIMS WARRANTIES ARISING BY THIRD PARTIES STATUTE OR OTHERWISEOTHERWISE IN LAW. Further this warranty will be deemed null and void if You did not contact GlobalBAT GPS prior to transferring Device to different vehicle. Claims Process: In order to make a claim under the Limited Warranty, SHALL NOTyou must contact GlobalBAT GPS at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ during the Limited Warranty Period to explain the Defect. GlobalBAT GPS will troubleshoot the matter. In the event GlobalBAT GPS is unable to resolve the issue, IN ANY EVENTGlobalBAT GPS shall issue a return authorization number. Upon receipt of the return authorization number, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15You shall arrange to have the Defective Device returned to GlobalBAT GPS (Note: You are responsible for shipping charges to the returns center). INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES GlobalBAT GPS shall be responsible for replacement of the replacement Device and shipping costs to Your Dealer for installation. Within thirty (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT30) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALSdays of GlobalBAT GPS’s issuance of an return authorization number.

Warranty and Limitation of Liability. 14.1 InterWorld 9.1 NCR warrants thatthat it will perform its obligations under this Addendum, in a professional and workmanlike manner. NCR, at its expense, will promptly re-execute any Services that fail to conform to the requirements of this Addendum. If NCR is unable reasonably to do so, the fees you paid for a period of one (1) year after receipt by Licensee's end user customer that portion of the initial delivery Service will be refunded. 9.2 In the event NCR is required to perform maintenance services on an ATM as a result of damage or inoperability caused by your negligence or that of a third party, failure to comply with the terms of this Addendum, or failure to comply with agreed operational procedures, NCR reserves the right to ▇▇▇▇ you for such services at its then-current time and materials rate. 9.3 In the event an employee or agent of NCR is determined, by criminal conviction or clear and convincing evidence, to have taken any Valuables, then NCR will be responsible for the amount of the InterWorld Products Valuables proven to have been taken by such employee, not to exceed the ATM Loss Liability Limit per incident with respect to each ATM that is (the "Warranty Period"), the media on which the InterWorld Products is delivered will be free of defects in material and workmanship under normal use and the unmodified InterWorld Products, when properly installed and used, will conform in all material respects to the InterWorld documentation provided to Licensee. . Licensee's remedy a) involved in the event of non-conformity of the InterWorld Products will be (a), replacement of the defective InterWorld Products to end user's satisfaction or incident and (b) covered by Appendix C, as such appendix is updated from time to time. Upon payment of any loss hereunder, NCR will be subrogated to all of your rights and remedies therefor. * Denotes Confidential Portion Omitted and Filed Separately with the Commission. 9.4 NCR will not be liable for claims, actions, damages, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of or in connection with any ATM Loss, to the event extent such claim is the result of (a) is not possible, return any license and maintenance royalties paid. Without limitation of any term or condition contained in this Agreement, InterWorld's obligation hereunder does not apply Currency dispensed due to any nonconformance caused by (A) improper or inadequate maintenance or calibrationATM malfunction; (Bb) softwareCurrency dispensed due to mistake or fraudulent instruction manually or electronically transmitted to the ATM; (c) ATM equipment hardware malfunction; (d) excess currency (commonly called "side cash") stored at the ATM location; (e) discrepancies between network reports and ATM ▇▇▇▇ counter totals; (f) your mistakes in verification; (g) access by third persons, interfacing equipmentwhether authorized or unauthorized, parts unless such access was made possible by the act or supplies not supplied by InterWorldomission of NCR; or (Ch) improper site preparation or equipmentthe use of magnetic debit and credit cards. OTHER THAN AS SPECIFIED IN SECTIONS 9.3 AND 9.4. IN NO EVENT WILL NCR BE LIABLE FOR ANY LOSS OF VALUABLES FROM BURGLARY, ROBBERY, FIRE, FLOOD, OR OTHER EXTERNAL CAUSE. 14.2 InterWorld hereby warrants that the functions9.5 THE PROVISIONS OF THIS SECTION 9 GOVERN NCR'S LIABILITY FOR ANY CLAIM OF LOST, calculations and other computing processes of the Software will perform in a consistent manner regardless of the date in time on which the processes are actually performed and regardless of the date input to the SoftwareMISSING, OR STOLEN VALUABLES AND, WITH RESPECT TO SUCH LOSSES, SUPERSEDE ANY INCONSISTENT PROVISION IN THE MASTER AGREEMENT. Date input, whether before, on or after January 1, 2000 and whether or not the dates are affected by leap years, will retain its integrity barring other third party product or hardware maladies. The Software accepts, manipulates and returns date inputs and date values accurately and in a consistent manner without consequence to calendar dates. The Software accepts and responds to two-digit, year-date input in a manner that resolves any ambiguities as to the century in a defined, predetermined and appropriate manner. 14.3 THE EXPRESS WARRANTY SET FORTH IN APPENDICES ATTACHED TO THIS ADDENDUM MAY CONTAIN DIFFERENT LIABILITY LIMITATIONS WHICH SUPERSEDE SECTIONS 14.1 & 14.2 CONSTITUTE THE ONLY WARRANTY 9.3 AND 9.4 WITH RESPECT TO THE INTERWORLD PRODUCTS. INTERWORLD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AND ALL LIABILITY AGAINST INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE INTERWORLD PRODUCTS ARE ERROR-FREE, THAT THEY WILL SUIT AN END USER'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY AN END USER, OR THAT THE OPERATION OF THE INTERWORLD PRODUCTS WILL BE SECURE OR UNINTERRUPTEDSERVICES OFFERED UNDER THOSE APPENDICES. 14.4 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS TO THE LICENSEE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, OR ANY OTHER CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES PAID BY END USER FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM EXCEPT FOR LIABILITIES ARISING AS DESCRIBED IN SECTION 15. INTERWORLD AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT) EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INTERWORLD BE LIABLE FOR ORAL OR WRITTEN REPRESENTATIONS MADE BY LICENSEE THAT ARE INCONSISTENT WITH INTERWORLD'S (a) PUBLISHED SPECIFICATIONS FOR THE INTERWORLD PRODUCTS, (b) ADVERTISING, OR (c) MARKETING MATERIALS.