Common use of Warranty Limitations Clause in Contracts

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES.

Warranty Limitations. EXCEPT AS PROVIDED THE LIMITED WARRANTIES SET FORTH ABOVE ARE APPLICABLE SOLELY TO THE ZONAR OFFERINGS AND ARE MADE PERSONALLY TO CUSTOMER IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO LIEU OF ALL OTHER WARRANTYWARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO . CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF DATA AND ZONAR EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR SUFFICIENCY OF SUCH DATA. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, ZONAR MAKES NO WARRANTY THAT THE HARDWARE, SOFTWARE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR OTHERWISE MEET CUSTOMER’S EXPECTATIONS. ZONAR ALSO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR ANY A PARTICULAR PURPOSE, AND SELLER ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. INSTALLED HARDWARE REQUIRES CONTINUAL ACCESS TO AN ON-VEHICLE POWER SOURCE, AND MAY REQUIRE CONNECTIVITY TO ONBOARD DIAGNOSTIC PORT(S), VEHICLE BUSES, AND/OR OTHER VEHICLE SENSORS, COMPUTING SYSTEMS, AND ANCILLARY COMPONENTS (COLLECTIVELY “COMPONENTS”) TO PROVIDE THE SERVICES. FAILURE TO PROVIDE EXCLUSIVE ACCESS TO THESE COMPONENTS, USE OF A SPLITTER OR OTHER DEVICE THAT CONNECTS MULTIPLE DEVICES TO A SINGULAR COMPONENT, OR SIMULTANEOUS OPERATION OF THIRD PARTY HARDWARE OR SERVICES, MAY IMPACT PERFORMANCE OF THE HARDWARE, THE ACCURACY AND DELIVERY OF THE SERVICES, AS WELL AS THE PERFORMANCE OF THE VEHICLE AND THIRD PARTY DEVICES. ZONAR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HARDWARE INSTALLED AND/OR USED IN CONTRAVENTION OF THIS PARAGRAPH, AND ZONAR SHALL HAVE NO OTHER WARRANTY LIABILITY WHATSOEVER TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORETHE HARDWARE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIEDSERVICES, VEHICLE, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESTHIRD PARTY DEVICE.

Warranty Limitations. EXCEPT AS PROVIDED THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO LIEU OF AND EXCLUDES ALL OTHER WARRANTY, EXPRESS OR IMPLIEDIMPLIED WARRANTIES INCLUDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTY TO, THE WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF TSEC, AND SELLER UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITES ARE EXPRESSLY AGREED TO IN WRITING BY XXXX.XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSEC SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER WARRANTY LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THE PV MODULE(S) INCLUDING, WITHOUT LIMITATION, ANY DEFECTS AND/OR FAILURES IN THE PV MODULE(S) OR FROM USE OR INSTALLATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL TSEC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TSEC’S AGGREGATE LIABILITY TO BUYEREXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PV MODULE(S) WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED LIMITED WARRANTY GIVE THE CUSTOMER SPECIFIC LEGAL RIGHTS, AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTIES OR SERVICE IRRESPECTIVE EXCLUSIONS OR LIMITATION OF BUYER'S CAUSE OF ACTION DAMAGES, SO THE ABOVE EXCLUSIONS OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL LIMITATIONS MAY NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESAPPLY.

Warranty Limitations. EXCEPT AS PROVIDED THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO LIEU OF AND EXCLUDES ALL OTHER WARRANTY, EXPRESS OR IMPLIEDIMPLIED WARRANTIES INCLUDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTY TO, THE WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF KYOCERA, AND SELLER UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITES ARE EXPRESSLY AGREED TO IN WRITING BY KYOCERA. KYOCERA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER WARRANTY LIABILITY LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO BUYERTHE PV MODULE(S) INCLUDING, WITHOUT LIMITATION, ANY DEFECTS AND/OR FAILURES IN THE PV MODULE(S) OR FROM USE OR INSTALLATION. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER KYOCERA SHALL NOT HAVE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED. IN NO EVENT SHALL KYOCERA’S AGGREGATE LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN EXCEED THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY VALUE OF THE FOLLOWING CAUSESPV MODULE(S) WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR EXCLUSIONS OR LIMITATION OF DAMAGES. ACCORDINGLY, CIRCUMSTANCES THE ABOVE EXCLUSIONS OR FACTORS: FAILURES LIMITATIONS MAY NOT APPLY. THESE WARRANTIES GIVE A CUSTOMER SPECIFIC LEGAL RIGHTS AND A CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESJURISDICTION.

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS Xxxxxx Biomet will have no liability for defects or non- conformances resulting from (a) and unauthorized, improper or inadequate modification, maintenance or calibration by Customer or any third party; (b) ABOVESoftware, SELLER Services, and content provided by Third Party Contributors and any other software, hardware, interfacing, or supplies not supplied by Xxxxxx Biomet; (c) Customer’s failure to comply with applicable specifications provided to Customer; (d) improper preparation or maintenance by Customer or a third party; or (e) any Customer Data. TO THE FULLEST EXTENT PERMITTED BY LAW, XXXXXX BIOMET AND THIRD PARTY CONTRIBUTORS DO NOT WARRANT THAT THE PLATFORM WILL MEET THE REQUIREMENTS OF CUSTOMER OR ANY USERS OR THAT THE OPERATION OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. WHILE XXXXXX BIOMET SHALL USE ITS REASONABLE EFFORTS TO MEET DEADLINES FOR PERFORMANCE OF ITS SERVICE OBLIGATIONS UNDER ANY SLA, TIME FOR SUCH PERFORMANCE SHALL NOT BE OF THE ESSENCE OF THE SLA AND XXXXXX BIOMET SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN PERFORMANCE UNDER THE SLA. EXCEPT FOR THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS AMENDED, XXXXXX BIOMET MAKES NO OTHER WARRANTYREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THAT THE PLATFORM MEETS ANY TECHNOLOGY, SECURITY, INFRASTRUCTURE OR PRIVACY SPECIFICATIONS AS MAY BE REQUIRED BY ANY STATE, FEDERAL OR INTERNATIONAL PRIVACY LAWS GOVERNING THE USE OF AUDIO OR VIDEO COMMUNICATION TECHNOLOGY FOR HEALTH CARE SERVICES. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, AND INTERNATIONAL LAWS AND ANY APPLICABLE THIRD-PARTY PAYOR REIMBURSEMENT REQUIREMENTS WITH REGARD TO ANY WARRANTY SERVICE PROVIDED UNDER A SLA OR CUSTOMER’S USE OF MERCHANTABILITY THE PLATFORM. IN NO EVENT SHALL XXXXXX BIOMET OR FITNESS ANY THIRD PARTY CONTRIBUTOR BE LIABLE FOR CUSTOMER’S NON- COMPLIANCE WITH ANY PARTICULAR PURPOSELAW, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO RULE OR REGULATION OR ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE THIRD PARTY PAYOR REIMBURSEMENT REQUIREMENT RESULTING FROM CUSTOMER’S USE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORETHE PLATFORM, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS INCLUDING, WITHOUT LIMITATION: (A) OR MEDICAL DOCUMENTATION REQUIREMENTS; (B) ABOVE REQUIREMENTS RELATED TO THE USE OF AUDIO OR VIDEO COMMUNICATION TECHNOLOGY FOR DEFECTS IN GOODS SUPPLIEDHEALTH CARE SERVICES; (C) ORIGINATING AND DISTANT SITE REQUIREMENTS; OR (D) STATE OR NATIONAL LAW LICENSURE OR LOCATION REQUIREMENTS. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD XXXXXX BIOMET AND THIRD PARTY CONTRIBUTORS HARMLESS FROM AND AGAINST ANY LOSS, CLAIM, DAMAGE, COST, EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) OR IN THE SUBJECTS LIABILITY ARISING OUT OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE OR RELATING TO OR CONSTITUTE ANY CUSTOMER’S USE OF THE FOLLOWING CAUSESPLATFORM. Patient Base Stations Xxxxxx Biomet disclaims all representations and warranties with regards to Patient Base Stations, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESbut will pass through to Customer all manufacturer warranties.

Warranty Limitations. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 10, THE SOFTWARE AND ANY DOCUMENTATION DELIVERED THEREWITH AND THEIR RESPECTIVE COMPONENTS ARE PROVIDED TO YOU "AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVEIS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SELLER MAKES NO OTHER WARRANTYAUTERION, EXPRESS OR ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, DISTRIBUTORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION AND COMPONENTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF BUYER'S CAUSE COURSE OF ACTION OR THEORY DEALING, COURSE OF RECOVERY. FURTHERMOREPERFORMANCE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIEDUSAGE, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY TRADE PRACTICE. WITHOUT LIMITATION OF THE FOLLOWING CAUSESFOREGOING, CIRCUMSTANCES AUTERION PROVIDES NO WARRANTY OR FACTORS: FAILURES TO USEUNDERTAKING, STOREAND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, MAINTAINACHIEVE ANY INTENDED RESULTS, REPAIRBE COMPATIBLE, CLEANOR WORK WITH ANY OTHER SOFTWARE, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTSSYSTEMS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IF THE SOFTWARE IS MADE AVAILABLE TO YOU UNDER AN EVALUATION LICENSE OR A DEVELOPMENT LICENSE THEY ARE PROVIDED “AS IS” AND AUTERION MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE.

Warranty Limitations. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 11, THE SOFTWARE, THE HOSTED SERVICES AND ANY DOCUMENTATION DELIVERED THEREWITH AND THEIR RESPECTIVE COMPONENTS ARE PROVIDED TO YOUR "AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVEIS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SELLER MAKES NO OTHER WARRANTYAUTERION, EXPRESS OR ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, DISTRIBUTORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, THE HOSTED SERVICES, THE DOCUMENTATION AND COMPONENTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF BUYER'S CAUSE COURSE OF ACTION OR THEORY DEALING, COURSE OF RECOVERY. FURTHERMOREPERFORMANCE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIEDUSAGE, OR IN TRADE PRACTICE. WITHOUT LIMITATION TO THE SUBJECTS FOREGOING, AUTERION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE AND THE HOSTED SERVICES PERFORMEDWILL MEET THE LICENSEE'S REQUIREMENTS, WHICH RESULT FROMACHIEVE ANY INTENDED RESULTS, ARE ATTRIBUTABLE TO BE COMPATIBLE, OR CONSTITUTE WORK WITH ANY OF THE FOLLOWING CAUSESOTHER SOFTWARE, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTSSYSTEMS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IF THE SOFTWARE OR THE HOSTED SERVICES ARE MADE AVAILABLE TO YOU UNDER AN EVALUATION LICENSE OR A DEVELOPMENT LICENSE THEY ARE PROVIDED “AS IS” AND AUTERION MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE OR THE HOSTED SERVICES.

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS Xxxxxx Biomet will have no liability for defects or non- conformances resulting from (a) and unauthorized, improper or inadequate modification, maintenance or calibration by Customer or any third party; (b) ABOVESoftware, SELLER Services, and content provided by Third Party Contributors and any other software, hardware, interfacing, or supplies not supplied by Xxxxxx Biomet; (c) Customer’s failure to comply with applicable specifications provided to Customer; (d) improper preparation or maintenance by Customer or a third party; or (e) any Customer Data. TO THE FULLEST EXTENT PERMITTED BY LAW, XXXXXX BIOMET AND THIRD PARTY CONTRIBUTORS DO NOT WARRANT THAT THE PLATFORM WILL MEET THE REQUIREMENTS OF CUSTOMER OR ANY USERS OR THAT THE OPERATION OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. WHILE XXXXXX BIOMET SHALL USE ITS REASONABLE EFFORTS TO MEET DEADLINES FOR PERFORMANCE OF ITS SERVICE OBLIGATIONS UNDER ANY SLA, TIME FOR SUCH PERFORMANCE SHALL NOT BE OF THE ESSENCE OF THE SLA AND XXXXXX BIOMET SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN PERFORMANCE UNDER THE SLA. EXCEPT FOR THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS AMENDED, XXXXXX BIOMET MAKES NO OTHER WARRANTYREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THAT THE PLATFORM MEETS ANY TECHNOLOGY, SECURITY, INFRASTRUCTURE OR PRIVACY SPECIFICATIONS AS MAY BE REQUIRED BY ANY STATE, FEDERAL OR INTERNATIONAL PRIVACY LAWS GOVERNING THE USE OF AUDIO OR VIDEO COMMUNICATION TECHNOLOGY FOR HEALTH CARE SERVICES. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, AND INTERNATIONAL LAWS AND ANY APPLICABLE THIRD-PARTY PAYOR REIMBURSEMENT REQUIREMENTS WITH REGARD TO ANY WARRANTY SERVICE PROVIDED UNDER A SLA OR CUSTOMER’S USE OF MERCHANTABILITY THE PLATFORM. IN NO EVENT SHALL XXXXXX BIOMET OR FITNESS ANY THIRD PARTY CONTRIBUTOR BE LIABLE FOR CUSTOMER’S NON- COMPLIANCE WITH ANY PARTICULAR PURPOSELAW, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO RULE OR REGULATION OR ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE THIRD PARTY PAYOR REIMBURSEMENT REQUIREMENT RESULTING FROM CUSTOMER’S USE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORETHE PLATFORM, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS INCLUDING, WITHOUT LIMITATION: (A) OR MEDICAL DOCUMENTATION REQUIREMENTS; (B) ABOVE REQUIREMENTS RELATED TO THE USE OF AUDIO OR VIDEO COMMUNICATION TECHNOLOGY FOR DEFECTS IN GOODS SUPPLIEDHEALTH CARE SERVICES; (C) ORIGINATING AND DISTANT SITE REQUIREMENTS; OR (D) STATE OR NATIONAL LAW LICENSURE OR LOCATION REQUIREMENTS. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD XXXXXX BIOMET AND THIRD PARTY CONTRIBUTORS HARMLESS FROM AND AGAINST ANY LOSS, CLAIM, DAMAGE, COST, EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) OR IN THE SUBJECTS LIABILITY ARISING OUT OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE OR RELATING TO OR CONSTITUTE ANY CUSTOMER’S USE OF THE FOLLOWING CAUSESPLATFORM. OR & Patient Base Stations Xxxxxx Biomet disclaims all representations and warranties with regards to Patient Base Stations and OR Base Stations, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESbut will pass through to Customer all manufacturer warranties.

Warranty Limitations. EXCEPT OTHER THAN AS PROVIDED EXPRESSLY SET FORTH IN SUBSECTIONS (a) and (b) SECTION 10.1, ABOVE, SELLER MAKES NO OTHER WARRANTYNEITHER CLOUDTHEAPP NOR ITS LICENSORS, EMPLOYEES, AGENTS, DISTRIBUTORS, MARKETING PARTNERS, RESELLERS, PARENT, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO YOU, ANY OF YOUR AFFILIATES, OR TO ANY OTHER PARTY WITH RESPECT TO THE APPLICATION, THE DOCUMENTATION, SERVICES, OR TECHNICAL SUPPORT OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. CLOUDTHEAPP DOES NOT WARRANT THAT THE PLATFORM, SOLUTIONS, OR APPLICATIONS (SOFTWARE), SUPPORT, PROFESSIONAL SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY EXCLUDED AND DISCLAIMED. CLOUDTHEAPP DOES NOT WARRANT THAT THE PLATFORM, SOLUTIONS, AND APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE PALTFORM, SOLUTIONS, AND APPLICATIONS ARE WITHOUT DEFECT OR ERROR OR THAT THE PLATFORM, SOLUTIONS, AND APPLICATIONS WILL OPERATE WITH ANY HARDWARE OR APPLICATION NOT SPECIFIED IN THE DOCUMENTATION. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, CONFIDENTIAL INFORMATION AND/OR CONTENT. CLOUDTHEAPP PROVIDES THE SOFTWARE, SUPPORT, SERVICES, AND DELIVERABLES “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY TO, EXPRESS OR IMPLIED OR STATUTORY OR OTHER WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY A PARTICULAR PURPOSE, AND SELLER THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CUSTOMER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND OWNERSHIP OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR ALL CUSTOMER CONTENT AND APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES.

Warranty Limitations. EXCEPT AS PROVIDED THE EXPRESS WARRANTIES SET FORTH IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO THIS SECTION 7 ARE IN LIEU OF ALL OTHER WARRANTYWARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED BY MAS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SOLE AND EXCLUSIVE REMEDIES OF MDSS OR ITS CUSTOMERS FOR BREACH OF PRODUCT WARRANTY SHALL BE LIMITED TO THE REMEDIES PROVIDED IN THIS AGREEMENT. MAS’S LIABILITY FOR PRODUCT WARRANTY SHALL NOT INCLUDE ANY PARTICULAR PURPOSESPECIAL, AND SELLER INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF MAS SHALL HAVE NO BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. ANY OTHER PRODUCT REPRESENTATIONS OR WARRANTY LIABILITY TO BUYER. THIS CLAUSE MADE BY ANY OTHER PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES/SUB-MDSSS OF MDSS THAT ARE INCONSISTENT HEREWITH, SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER DISREGARDED AND SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS BE BINDING UPON MAS UNLESS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE AN EXPRESS WRITING SIGNED BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESITS CHIEF EXECUTIVE OFFICER.

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVETO THE EXTENT PERMITTED BY LAW, SELLER MAKES NO OTHER WARRANTYTHIS LIMITED WARRANTY CONSTITUTES TRANSTAR’S SOLE AND EXCLUSIVE OBLIGATION, EXPRESS OR IMPLIEDAND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, INCLUDING BUT NOT FOR BREACH OF ANY LIMITED TO ANY WARRANTY SET FORTH HEREIN. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR ANY A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL TRANSTAR BE LIABLE (1) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE A/C PRODUCT; OR (2) FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS, OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE A/C PRODUCT. SOME STATES AND SELLER SHALL HAVE NO OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO LASTS OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESYOU.

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES THE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE, THERE ARE NO OTHER WARRANTIES PROVIDED UNDER THE TERRA ENERGY SERVICES DOCUMENTATION THAT APPLY TO THE STATION, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO OR ANY WARRANTY OF MERCHANTABILITY DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF TERRA ENERGY SERVICES HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT. Some states or jurisdictions do not allow the exclusion of express or implied warranties so this exclusion may not apply to You. IF ANY PARTICULAR PURPOSEIMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, AND SELLER SHALL HAVE NO OTHER THEN SUCH IMPLIED WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED LIMITED IN DURATION TO APPLY THE LIMITED WARRANTY PERIOD DESCRIBED ABOVE. Some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. NO AGENT OF TERRA ENERGY SERVICES IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF TERRA ENERGY SERVICES. TERRA ENERGY SERVICES SPECIFICALLY DOES NOT WARRANT THAT ANY CLAIM RELATED TO A DEFECTIVE GOOD SOFTWARE OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION SERVICES WILL BE ERROR FREE OR THEORY OF RECOVERYWILL OPERATE WITHOUT INTERRUPTION. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS THE REMEDIES IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, THIS LIMITED PRODUCT WARRANTY ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR YOUR SOLE AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESEXCLUSIVE REMEDIES.

Warranty Limitations. Jostens shall not be liable for delays or losses caused by strikes, accidents, government restrictions, acts of God or other causes beyond its reasonable control, and such delays shall not constitute a breach of contract. Jostens will perform the work in a good and workmanlike manner. EXCEPT AS EXPRESSLY PROVIDED IN SUBSECTIONS (a) and (b) ABOVEHEREIN, SELLER JOSTENS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIEDIMPLIED WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOFTWARE, INCLUDING BUT APPS AND SYSTEMS ARE INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS, YOU ARE ADVISED TO VERIFY YOUR WORK. IN NO EVENT WILL JOSTENS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION, HOWEVER FORESEEABLE, ARISING OUT OF THIS AGREEMENT, THE WORK PERFORMED HEREUNDER, THE SERVICES PROVIDED OR THE PRODUCTS PRODUCED HEREUNDER. THE LIABILITY OF JOSTENS, IF ANY, FOR CLAIMS RELATING TO ANY DEFICIENT OR DEFECTIVE SERVICE OR PRODUCT PRODUCED HEREUNDER SHALL BE LIMITED TO ANY WARRANTY OF MERCHANTABILITY THE ACTUAL FEE PAYABLE TO JOSTENS FOR THE DEFICIENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYERDEFECTIVE SERVICE OR PRODUCT HEREUNDER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER JOSTENS SHALL NOT HAVE ANY LIABILITY BE LIABLE FOR TYPOGRAPHICAL ERRORS, MISSPELLINGS OR OBLIGATION UNDER SUBSECTIONS (A) OTHER DEVIATIONS OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESERRORS.

Warranty Limitations. EXCEPT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) ARE PROVIDED ON AN ‘AS PROVIDED IN SUBSECTIONS IS’ BASIS, AND YOUR USE OF THE SERVICES (aINCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) and IS AT YOUR OWN RISK. THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AND MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICES. HOWEVER, THE COMPANY PROVIDES NO WARRANTIES WHATSOEVER AND THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES (b) ABOVEINCLUDING, SELLER MAKES NO OTHER WARRANTYWITHOUT LIMITATION, EXPRESS OR IMPLIEDANY THIRD PARTY SOFTWARE), INCLUDING INCLUDING, BUT NOT LIMITED TO ANY WARRANTY TO, WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SELLER SHALL HAVE NO OTHER ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY LIABILITY REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) IN TERMS OF ACCURACY, RELIABILITY, SATISFACTION OR OTHERWISE, AND THE COMPANY DOES NOT GUARANTEE RESOLUTION OF ANY PROBLEM. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE) TO BUYERACHIEVE YOUR INTENDED RESULTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE LINE RATE, ACCESS OR AVAILABILITY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY SOFTWARE). WITHOUT IN ANY WAY LIMITING SECTION 14 OF THIS CLAUSE SHALL AGREEMENT, YOU SPECIFICALLY AGREE THAT THE COMPANY, ITS AFFILIATES, DIRECTORS, STOCKHOLDERS, OFFICERS, AGENTS AND EMPLOYEES, AND THE COMPANY’S SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES, WILL NOT BE LIBERALLY CONSTRUED LIABLE TO APPLY TO YOU FOR ANY CLAIM RELATED TO A DEFECTIVE GOOD INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SERVICE IRRESPECTIVE EXEMPLARY DAMAGES OF BUYER'S CAUSE ANY KIND AND/OR ARISING UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF ACTION PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIEDSERVICES, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT FOREGOING PARTIES HAVE BEEN ADVISED OF THE GOODS POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR SERVICESINABILITY TO USE THE COMPANY’S PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE) OR IN ANY WAY RELATING TO THE COMPANY’S PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE).

Warranty Limitations. EXCEPT AS The warranties in Section 12.d above do not apply to any non- conformance resulting from: (i) your use of the Bots or Portal in a manner inconsistent with this Agreement or the Documentation, (ii) the operation of or access to your or a third party’s system or network, or (iii) any Third-Party Materials. Additionally, if we breach the warranty in Section 12.d(i) above, we will, within a commercially reasonable period of time, at our sole option, and at our sole cost and expense, either (x) modify, fix or correct the Bots or the Portal to remedy such non-conformity, or (y) replace the non- conforming portion of the Bots or the Portal, in each case without causing a material loss of features or functionality of the Bots or the Portal. If we do not cure the breach as provided in the preceding sentence within a commercially reasonable period of time after our receipt of written notice from you regarding the breach (which in all cases will be a period of no less than 30 days following our receipt of such notice), then you may, effective upon your written notice, terminate this Agreement and we will promptly refund to you, on a pro rata basis, the share of any Service Order Fees prepaid by you for the future portion of the Term that would have remained but for such termination. THE REMEDIES DESCRIBED IN THIS SECTION 12.e ARE YOUR SOLE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY BREACH OF THE WARRANTY PROVIDED IN SUBSECTIONS (a) and (b) ABOVESECTION 12.d(i). f. Disclaimer of Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION 12, SELLER MAKES NO ALL SERVICES AND ALL IVY IP ARE PROVIDED “AS IS” AND WE HEREBY DISCLAIM ALL OTHER WARRANTYWARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, TITLE AND SELLER SHALL HAVE NO OTHER NON-INFRINGEMENT. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO OF OR CONCERNING ANY CLAIM RELATED TO A DEFECTIVE GOOD THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY DISTRIBUTOR OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESTHIRD-PARTY MATERIALS.

Warranty Limitations. EXCEPT AS PROVIDED THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO LIEU OF AND EXCLUDES ALL OTHER WARRANTY, EXPRESS OR IMPLIEDIMPLIED WARRANTIES INCLUDING, INCLUDING BUT NOT LIMITED TO ANY WARRANTY TO, THE WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR ANY A PARTICULAR PURPOSEPURPOSE AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF KYOCERA, AND SELLER UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITES ARE EXPRESSLY AGREED TO IN WRITING BY KYOCERA. KYOCERA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER WARRANTY LIABILITY LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO BUYERTHE PV MODULE(S) INCLUDING, WITHOUT LIMITATION, ANY DEFECTS AND/OR FAILURES IN THE PV MODULE(S) OR FROM USE OR INSTALLATION. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER KYOCERA SHALL NOT HAVE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED. IN NO EVENT SHALL KYOCERA’S AGGREGATE LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN EXCEED THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY VALUE OF THE FOLLOWING CAUSESPV MODULE(S) WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR EXCLUSIONS OR LIMITATION OF DAMAGES. ACCORDINGLY, CIRCUMSTANCES THE ABOVE EXCLUSIONS OR FACTORS: FAILURES LIMITATIONS MAY NOT APPLY. THESE WARRANTIES GIVE A CUSTOMER SPECIFIC LEGAL RIGHTS, AND A CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESJURISDICTION.

Warranty Limitations. EXCEPT AS AssetWorks’ warranties as set forth herein ("Warranty") are contingent on proper use of the FuelFocus hardware and software ("Products") and do not apply if the Products have been modified without AssetWorks' written approval, or if the Products' serial number label is removed, or if the Product has been damaged. The terms of the Warranty are limited to the remedies as set forth in this Warranty. THIS WARRANTY IS PROVIDED IN SUBSECTIONS (a) and (b) ABOVELIEU OF ALL OTHER RIGHTS, SELLER CONDITIONS AND WARRANTIES. ASSETWORKS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIEDIMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE, HARDWARE, PRODUCTS, DOCUMENTATION OR ASSETWORKS SUPPORT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASSETWORKS DOES NOT WARRANT THAT ANY PRODUCTS WILL BE ERROR-FREE, OR THAT ANY DEFECTS THAT MAY EXIST IN ITS PRODUCTS CAN BE CORRECTED. IN NO EVENT SHALL ASSETWORKS BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY LOST DATA), HOWEVER CAUSED WHETHER OR FITNESS FOR ANY PARTICULAR PURPOSE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY ASSETWORKS HAS BEEN ADVISED OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE POSSIBILITY OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESSUCH DAMAGES.

Warranty Limitations. EXCEPT AS PROVIDED THE TEMA PRODUCTS SOLD TO CUSTOMER ARE INTENDED TO BE USED ONLY IN SUBSECTIONS THE APPLICATION SPECIFIED BY CUSTOMER TO TEMA ANY OTHER USE RENDERS THE LIMITED WARRANTY EXPRESSED HEREIN AND ALL IMPLIED WARRANTIES NULL AND VOID AND SAME ARE HEREBY EXCLUDED. UNDER NO CIRCUMSTANCES SHALL TEMA BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR OTHER DAMAGES TEMA SHALL ALSO NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE INSTALLATION, USE OR REPAIR OF THIS EQUIPMENT, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE. BUYER'S SOLE REMEDY SHALL BE THE REPAIR, REPLACEMENT, OR REFUND OF PURCHASE PRICE, AND THE CHOICE OF THE APPLICABLE REMEDY SHALL BE AT THE SOLE DISCRETION OF TEMA. WHETHER IN AN ACTION BASED ON CONTRACT, TORT (aINCLUDING NEGLIGENCE) and (b) ABOVEOR ANY OTHER LEGAL THEORY, SELLER MAKES NO OTHER WARRANTY, EXPRESS ARISING OUT OF OR IMPLIEDRELATED TO THE PRODUCTS SOLD TO CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY LOST PROFITS OR LOSS OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSEBUSINESS, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY EVEN IF TEMA IS APPRISED OF THE FOLLOWING CAUSESLIKELIHOOD OF SUCH DAMAGES OCCURRING. This limited warranty may not be changed, CIRCUMSTANCES OR FACTORS: FAILURES TO USEmodified, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES.limited or extended in scope except by a written agreement signed by

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVE, SELLER i2 MAKES NO OTHER WARRANTYWARRANTIES, EXPRESS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY TO, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR ANY A PARTICULAR PURPOSE, AND SELLER SHALL HAVE NO . i2 DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET CUSTOMER'S EXPECTATIONS OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THAN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF EXPECTATION THAT THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM SOFTWARE SUBSTANTIALLY FUNCTIONS IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS ORTHE DOCUMENTATION . UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, I2 DOES NOT WARRANT THAT THE LICENSED SOFTWARE OPERATES IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 11. LIMITATION ON LIABILITY. THE PARTIES HAVE NEGOTIATED THIS AGREEMENT WITH DUE REGARD FOR CUSTOMER'S BUSINESS RISK ASSOCIATED WITH ITS USE OF LICENSED SOFTWARE. THEREFORE, IN ABSENCE ANY EVENT i2'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE LICENSE FEE PAID BY CUSTOMER FOR THE SYSTEM. IN NO EVENT SHALL i2 OR THE LICENSOR OF SAMEANY THIRD PARTY SOFTWARE EMBEDDED IN THE SYSTEM BE LIABLE FOR LOST PROFITS OR OTHER INCIDENTAL, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL SPECIAL, EXEMPLARY OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT CONSEQUENTIAL DAMAGES EVEN IF i2 HAS BEEN ADVISED OF THE GOODS POSSIBILITY OF SUCH DAMAGES.WITH THE SAME UNDERSTANDING, i2 SHALL NOT BE LIABLE FOR DAMAGES OCCURRING DUE TO OMISSION OR SERVICESFAILURE OF CUSTOMER TO PERFORM ITS OBLIGATIONS TO ANY THIRD PARTY.

Warranty Limitations. EXCEPT AS PROVIDED EXPRESSLY SET FORTH IN SUBSECTIONS (a) and (b) ABOVETHIS SCHEDULE C, SELLER ASCENT MAKES NO OTHER WARRANTYREPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE Ascent Solar Technologies, Inc. PROPRIETARY AND CONFIDENTIAL CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. “***” ASTERISKS DENOTE SUCH OMISSIONS. FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ASCENT BE LIABLE FOR ANY PARTICULAR PURPOSESPECIAL, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF REVENUES ARISING DIRECTLY OR INDIRECTLY FROM THE SALE OR USE OF ANY PRODUCTS (INCLUDING PV MODULES), WHETHER SUCH CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMOREIS BASED ON WARRANTY, SELLER SHALL NOT HAVE ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OBLIGATION OTHERWISE. UNDER SUBSECTIONS (A) OR (B) ABOVE NO CIRCUMSTANCES SHALL THE LIABILITY OF ASCENT FOR DEFECTS NONCONFORMING PRODUCTS EXCEED THE PURCHASE PRICE PAID TO ASCENT FOR THE PARTICULAR PV PRODUCT INVOLVED. THE RIGHTS AND LIMITATIONS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD THIS DOCUMENT MAY NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESAFFECT LEGAL RIGHTS EXISTING UNDER MANDATORY APPLICABLE LAWS.

Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES THE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE, THERE ARE NO OTHER WARRANTIES PROVIDED UNDER THE SEMACONNECT DOCUMENTATION THAT APPLY TO THE STATION, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO OR ANY WARRANTY OF MERCHANTABILITY DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SEMACONNECT HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT. Some states or jurisdictions do not allow the exclusion of express or implied warranties so this exclusion may not apply to You. IF ANY PARTICULAR PURPOSEIMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, AND SELLER SHALL HAVE NO OTHER THEN SUCH IMPLIED WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED LIMITED IN DURATION TO APPLY THE LIMITED WARRANTY PERIOD DESCRIBED ABOVE. Some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. NO AGENT OF SEMACONNECT IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF SEMACONNECT. SEMACONNECT SPECIFICALLY DOES NOT WARRANT THAT ANY CLAIM RELATED TO A DEFECTIVE GOOD SOFTWARE OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION SERVICES WILL BE ERROR FREE OR THEORY OF RECOVERYWILL OPERATE WITHOUT INTERRUPTION. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS THE REMEDIES IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, THIS LIMITED PRODUCT WARRANTY ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR YOUR SOLE AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICESEXCLUSIVE REMEDIES.

Warranty Limitations. EXCEPT AS PROVIDED HELIOSOL DOES NOT GUARANTEE THAT THE SAAS SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT HELIOSOL WILL CORRECT ALL SAAS SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT HELIOSOL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SAAS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN SUBSECTIONS THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION 9 SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY HELIOSOL (a) and (b) ABOVE, SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS SAAS AGREEMENT. NEITHER HELIOSOL NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, INCLUDING BUT NOT LIMITED TO VIRUS-FREE OR ERROR-FREE, NOR SHALL HELIOSOL OR ANY WARRANTY OF MERCHANTABILITY ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR ANY USER’S DATA, FILES, OR PROGRAMS. HELIOSOL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONNINFRINGEMENT. HELIOSOL IS NOT OBLIGATED TO PROVIDE ANY PARTICULAR PURPOSE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY UPDATES TO BUYERTHE SOFTWARE. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO HELIOSOL DOES NOT WARRANT THAT THE SOFTWARE OR ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLERPART THEREOF WILL MEET CUSTOMER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES.REQUIREMENTS