Common use of Warranty Disclaimer of Warranties Clause in Contracts

Warranty Disclaimer of Warranties. 5.1 Limited Warranty for the SPOT Product. THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPOT PRODUCT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY, SPOT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR YOUR SPOT PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCT, OR ANY WARRANTIES YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR SPOT PRODUCT MAY BE UPDATED BY SPOT AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY, THEN THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOT, THE SERVICE PROVIDERS, OR ANY OTHER THIRD PARTY SOFTWARE PROVIDERS) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED OR EMBEDDED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY SPOT AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SPOT AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED OR EMBEDDED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR HELP TRANSMISSIONS FOR SERVICE PROVIDER ASSISTANCE. SPOT AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer of Warranties. 5.1 Limited Warranty for You represent and warrant that You will comply with all applicable laws, statutes, ordinances and regulations relating to Your use of the SPOT ProductSoftware. THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPOT PRODUCT SOFTWARE IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTYUNLESS OTHERWISE EXPLICITLY STATED. EXCEPT THE SOFTWARE IS PROVIDED ON AN "AS SPECIFIED IN THE LIMITED WARRANTY, SPOT IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SYSTEMEXE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES FOR YOUR SPOT PRODUCTOF ANY KIND, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES REGARDING THE CONDITIONWARRANTY OR CONDITION OF MERCHANTABILITY, DESIGNSATISFACTORY QUALITY, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCTPURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIESIMPLIED OBLIGATION TO INDEMNIFY FOR INFRINGEMENT. SYSTEMEXE MAKES NO REPRESENTATIONS. WARRANTIES, OR THAT YOUR SPOT PRODUCT IS GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SOFTWARE. SYSTEMEXE MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE FROM INFRINGEMENT OR FREE OF ANY PATENTVIRUSES, TRADEMARK, COPYRIGHT TROJAN HORSES OR PROPRIETARY RIGHT WORMS; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY THIRD PARTY. NO ADVICE OR PRODUCTS, INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS MATERIAL PURCHASED OR OMISSIONS OBTAINED IN THIS DOCUMENTATION. THE APPLICABILITY CONNECTION WITH YOUR USE OF THE ABOVE LIMITATIONS SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. SYSTEMEXE MAY MAKE CHANGES TO THE SOFTWARE AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSTECHNICAL SPECIFICATIONS, AND YOU MAY ALSO HAVE ANY OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION INFORMATION AND MATERIALS AVAILABLE IN CONNECTION WITH YOUR USE OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR SPOT PRODUCT MAY BE UPDATED BY SPOT SOFTWARE AT ANY TIME AND WITHOUT NOTICE. IF THERE IS OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL SYSTEMEXE BE LIABLE FOR ANY CONFLICT BETWEEN LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE TERMS CONTAINED SOFTWARE OR INFORMATION OBTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY, THEN THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CONNECTION WITH YOUR USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOTSOFTWARE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, THE SERVICE PROVIDERSCOMPLETENESS, OR USEFULNESS OF ANY OTHER THIRD PARTY SOFTWARE PROVIDERS) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWOPINION, THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED OR EMBEDDED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY SPOT AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SPOT AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED OR EMBEDDED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR HELP TRANSMISSIONS FOR SERVICE PROVIDER ASSISTANCE. SPOT AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMBADVICE, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CONTENT AVAILABLE IN CONNECTION WITH YOUR PRODUCT OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICESOFTWARE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIESWhere SystemEXE designates the operating environment of the Software, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGESystemEXE does not guarantee the operation of the Software in any operating environment other than the designated operating environment. SystemEXE reserves the right to make changes to the operating environment of the Software at any time and without notice.

Warranty Disclaimer of Warranties. 5.1 Limited Warranty for the SPOT ProductRYCO LANDSCAPE SUPPLY, INC. WARRANTS THAT THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE ONLY WARRANTY PROVIDED SERVICES WILL BE PERFORMED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE A GOOD AND AGREE THAT USE OF THE SPOT PRODUCT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTYWORKMANLIKE MANNER. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTYEXPRESSLY SET FORTH HEREIN, SPOT DISCLAIMS ALL RYCO LANDSCAPE SUPPLY, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES FOR YOUR SPOT PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING AS TO THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, INCLUDING THE PERFORMANCE OF YOUR SPOT PRODUCTANY FILTRATION EQUIPMENT TO MEET ANY APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR ANY WARRANTIES YOUR SPOT PRODUCT THAT IT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTYCONTAMINANTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE LIMITED WARRANTYAGREEMENT, RYCO LANDSCAPE SUPPLY, INC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION. IN THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY EVENT OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY A BREACH OF THE ABOVE LIMITATIONS EQUIPMENT WARRANTY, RYCO LANDSCAPE SUPPLY, INC. SHALL, AT ITS SOLE COST AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/EXPENSE, REPAIR OR FROM COUNTRY TO COUNTRY, SO REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR SPOT PRODUCT MAY BE UPDATED BY SPOT AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/SERVICE WARRANTY, THEN THE TERMS CONTAINED RYCO LANDSCAPE SUPPLY, INC. SHALL, AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY SHALL SUPERSEDE ITS SOLE COST AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOTEXPENSE, THE SERVICE PROVIDERS, OR ANY OTHER THIRD PARTY SOFTWARE PROVIDERS) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED OR EMBEDDED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERRORRE-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY SPOT AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SPOT AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED OR EMBEDDED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR HELP TRANSMISSIONS FOR SERVICE PROVIDER ASSISTANCE. SPOT AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF PERFORM THE SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Warranty Disclaimer of Warranties. 5.1 Limited Warranty for AchieveIt warrants that the SPOT ProductServices will perform substantially in accordance with their sales and marketing materials and existing user guides and documents with a minimum of 98% uptime availability. EXCEPT FOR THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS FOREGOING WARRANTY, ACHIEVEIT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE RELIABILITY, INTERNET AVAILABILITY, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ACHIEVEIT OR ANY CONTENT; ACHIEVEIT AND AGREE ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SPOT PRODUCT SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLIENT THROUGH ACHIEVEIT WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS, OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE SERVICE AND ALL CONTENT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT PROVIDED TO CLIENT STRICTLY ON AN “AS SPECIFIED IN THE LIMITED WARRANTYIS” BASIS; AND (IV) ALL CONDITIONS, SPOT DISCLAIMS ALL EXPRESS REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIED WARRANTIES FOR YOUR SPOT PRODUCTOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITIONWARRANTY OF MERCHANTABILITY, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCTPURPOSE, OR ANY WARRANTIES YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT NON‐INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL PARTY RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR SPOT PRODUCT MAY BE UPDATED BY SPOT AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY, THEN THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOT, THE SERVICE PROVIDERS, OR ANY OTHER THIRD PARTY SOFTWARE PROVIDERS) IS AT YOUR SOLE RISK. ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BY ACHIEVEIT AND ITS LICENSORS. The Services may be subject to limitations, THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIESdelays, REPRESENTATIONSand other problems inherent in the use of the Internet and electronic communications. AchieveIt is not resposible for and delays, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDINGdelivery failures, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED OR EMBEDDED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY SPOT AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SPOT AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED OR EMBEDDED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR HELP TRANSMISSIONS FOR SERVICE PROVIDER ASSISTANCE. SPOT AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEor other damage resulting from such problems.

Warranty Disclaimer of Warranties. 5.1 Limited Warranty AchieveIt warrants that the Services will perform substantially in accordance with its existing user guides with a minimum of 98% uptime availability (except for regularly scheduled and emergency maintenance). Customer’s sole remedy and AchieveIt’s sole liability for any failure of the SPOT ProductServices to conform with the foregoing warranty is to use commercially reasonable efforts to cure such failure. EXCEPT FOR THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS FOREGOING WARRANTY, ACHIEVEIT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT. YOU EXPRESSLY ACKNOWLEDGE RELIABILITY, INTERNET AVAILABILITY, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT; ACHIEVEIT AND AGREE ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SPOT PRODUCT IS AT YOUR SOLE RISK SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER THAN SUCH LIMITED WARRANTY. HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES OR CONTENT OR ANY INFORMATION PROVIDED BY ACHIEVEIT WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS, OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.CUSTOMER UNDERSTANDS THAT, EXCEPT AS SPECIFIED OTHERWISE EXPRESSLY SET FORTH IN THIS PARARAPH, THE LIMITED WARRANTYSERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS; AND ALL CONDITIONS, SPOT DISCLAIMS ALL EXPRESS REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IMPLIED WARRANTIES FOR YOUR SPOT PRODUCTOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITIONWARRANTY OF MERCHANTABILITY, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCTPURPOSE, OR ANY WARRANTIES YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT NON‐INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE SPOT WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY SPOT OR ITS AFFILIATES. SPOT ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL PARTY RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT. THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR SPOT PRODUCT MAY BE UPDATED BY SPOT AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY, THEN THE TERMS CONTAINED AT XXXX://XXX.XXXXXXXXXX.XXX/WARRANTY SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE (PROVIDED BY SPOT, THE SERVICE PROVIDERS, OR ANY OTHER THIRD PARTY SOFTWARE PROVIDERS) IS AT YOUR SOLE RISK. ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BY ACHIEVEIT AND ITS LICENSORS. The Services may be subject to limitations, THE SERVICES AND ANY ASSOCIATED OR EMBEDDED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIESdelays, REPRESENTATIONSand other problems inherent in the use of the Internet and electronic communications. AchieveIt is not responsible for and delays, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDINGdelivery failures, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED OR EMBEDDED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY SPOT AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SPOT AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED OR EMBEDDED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR HELP TRANSMISSIONS FOR SERVICE PROVIDER ASSISTANCE. SPOT AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGEor other damage resulting from such problems.