Common use of Warranties Clause in Contracts

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the other Party that it has PROGRAM shall substantially conform to SIMBA provided written specifications. In the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights event of any third partyalleged breach of the above express warranties, including Intellectual Property Rights you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and other rights substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to privacy. In addition, PickNik warrants to Company that promptly repair or replace the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code PROGRAM or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive portion thereof necessary to remedy for any the breach of this warranty, re-perform the Services which gave rise or to the breach, or, at PickNik’s option, refund the fees paid actually received by Company SIMBA for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailthis license. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENTABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND SERVICES ARE PROVIDED ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “AS-WHERE IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYACCURACY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OR CONDITION ARISING FROM COURSE OF TITLEPERFORMANCE, AND PICKNIK MAKES NO REPRESENTATIONS COURSE OF DEALING OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEUSAGE OF TRADE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND XXXXX DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREFUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THAT THE SAME OPERATION OF THE PROGRAM WILL BE ERROR FREE FROM SECURITY VULNERABILITIES OR MALWARE UNINTERRUPTED, OR THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR THE USE OF THE SOFTWAREPROGRAM IN TERMS OF ITS CORRECTNESS, BACKGROUND TECHNOLOGYACCURACY, OPEN SOURCE SOFTWARERELIABILITY, OR SERVICES OTHERWISE. NO ORAL OR ANY TECHNOLOGIES RESULTING FROM THE SAME WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT WAY INCREASE THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESSCOPE OF THIS WARRANTY.

Warranties. Each Party represents NetAlly warrants, for End-User’s benefit alone, (i) that the Hardware will be free from material defects for a period of twelve (12) months from the proof of purchase date for such Hardware ("Hardware Warranty Period"); and warrants (ii) the Software, will conform materially and substantially to the other Party that it has Documentation for a period of ninety (90) calendar days following the full rightdate when first made available to Company for download (“Software Warranty Period”). The warranties set forth herein do not apply to any failure of the Software or Hardware caused by (a) Company’s failure to follow NetAlly's installation, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesoperation, or otherwise violates maintenance instructions, procedures, or Documentation; (b) Company’s mishandling, misuse, negligence, or improper installation, de-installation, storage, servicing, or operation of the rights Product; (c) modifications or repairs not authorized by NetAlly; (d) use of any the Products in combination with equipment or software not supplied by NetAlly or authorized in the Documentation; and/or (e) power failures or surges, fire, flood, accident, actions of third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horseparties, or other such malicious code events outside NetAlly's reasonable control. NetAlly cannot and does not warrant the performance or any open source licensed under any “copy-left” type provisions without results that may be obtained by using the Products, nor does NetAlly warrant that the Products are appropriate for Company’s approvalpurposes or error-free. PickNik shallIf during the Software Warranty Period or Hardware Warranty Period, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warrantya nonconformity is reported to NetAlly, re-perform the Services which gave rise to the breach, orNetAlly, at PickNik’s its option, refund will use commercially reasonable efforts to repair or replace the fees paid by Company for the portion of the Services that did not fulfill such warrantynon-conforming Software or Hardware. THIS REMEDY IS COMPANY’S SOLE AND EXCLUSIVE REMEDY, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailAND NETALLY’S SOLE LIABILITY FOR A BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH STATED IN THIS SECTION 9, “WARRANTIES” NETALLY DISCLAIMS ALL WARRANTIES ON MERCHANDISE SUPPLIED UNDER THIS AGREEMENT, THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, SOFTWARE OR SERVICES OR ANY TECHNOLOGIES AND PRODUCTS RESULTING FROM THE SAME SERVICES WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME SOFTWARE IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalstandards. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, SOFTWARE OR SERVICES OR ANY TECHNOLOGIES AND PRODUCTS RESULTING FROM THE SAME SERVICES WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESKIND.

Warranties. Each Party represents and Uptime warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed provided in a professional manner consistent manner, and in conformity with generally accepted industry standards and will applicable to such Services. Client must report any deficiencies in the Services to Uptime in writing, to xxxxxxx@xxxxxxxxxxx.xxx within 30 days of when deficiencies in the Services occurred in order to receive warranty remedies. If deficiencies are not purposefully include reported in writing within 30 days of when the deficiencies in the Services occurred, Client waives its right to any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Companyremedy for those deficiencies. Client’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warrantywarranty with respect to the Services, and Uptime’s entire liability for such breach, will be re-performance of the Services. Client agrees that it will timely cooperate with Uptime to enable Uptime to re-perform the Services. If Client terminates Services or prevents or otherwise inhibits Uptime’s ability to re-perform the Services, then Client waives its right to its exclusive remedy of re-performance of the Services. If the deficiencies in Services are such that Uptime is unable to re-perform the Services which gave rise as warranted, Client will be entitled to the breach, or, at PickNik’s option, refund the recover fees paid by Company to Uptime for the portion of deficient Services in an amount not to exceed the total amount actually paid by Client to Uptime for the month in which the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailwere deficient. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY UPTIME EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OTHER WARRANTIES, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THIS AGREEMENTWARRANTIES OF TITLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYACCURACY, WARRANTY OF AND NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW. UPTIME MAKES NO REPRESENTATIONS OR WARRANTIES THAT WARRANTY THAT: (A) THE SOFTWARE SERVICES WILL MEET CLIENT’S REQUIREMENTS; (B) CLIENT’S USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE. ; OR (C) ANY DEFECTS OR ERRORS IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCORRECTED.

Warranties. Each For the avoidance of doubt the Third Party represents Products and warrants to Serviced are provided by or through NMS and not Bank; accordingly, Merchant acknowledges and agrees that Bank will have absolutely no liability for the other performance or operation (or lack thereof) of any Third Party Products or Services. Additionally, Merchant acknowledges and agrees that it has the full rightISO is only a reseller of, poweror referral source, for Third Party Products and Services, and authority as such, ISO shall not in any way be liable for the performance or operation (or lack thereof) of Third Party Products and Services and neither ISO nor Bank makes any warranties, representations or covenants with respect thereto. Any and all warranties, representations or covenants regarding Third Party Products and Services, if any, are and will be governed by the terms and conditions pursuant to enter into this Agreement, which the Third Party Provider makes the applicable Third Party Products and Services available to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacyMerchant. In additionthe event that ISO resells any Third Party Products and Services to Merchant, PickNik warrants it will pass through any warranties made available to Company ISO by the applicable Third Party Provider that the Services will such Third Party Provider permits to be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any viruspassed through to Merchant. NEITHER ISO NOR BANK MAKES ANY WARRANTY, time-bombEXPRESS, trojan horseIMPLIED OR STATUTORY, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalWITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE THIRD PARTY PRODUCTS AND SERVICES ARE BEING PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED BY OR THROUGH ISO (TO THE SERVICES EXTENT EVEN BEING PROVIDED THEREBY), AND NEITHER ISO NOR BANK WARRANTS THAT THEY WILL MEET MERCHANT’S REQUIREMENTS OR SOFTWAREBE UNINTERRUPTED, WHETHER EXPRESSTIMELY, IMPLIEDAVAILABLE, STATUTORYSECURE OR ERROR FREE, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING THAT ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE ERRORS WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCORRECTED.

Warranties. Each Party represents You expressly acknowledge and warrants to agree that use of the other Party that it has Font Software is at Your sole risk. Except as may be otherwise provided for herein, the full right, power, Font Software and authority to enter into this Agreement, to grant the rights related documentation is provided “AS IS” and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights without warranty of any third partykind and LETTERMIN MAKES NO WARRANTIES, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYAS TO MERCHANTABILITY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEOTHERWISE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND LETTERMIN DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREOPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR SERVICES THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LETTERMIN WILL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY TECHNOLOGIES RESULTING OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE LOSS OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF ROBOT OPERATING SYSTEM SOFTWARE OR USE DATA, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE SOFTWAREUSE OR INABILITY TO USE THE PRODUCT, BACKGROUND TECHNOLOGYEVEN IF LETTERMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under no circumstances will Lettermin’s liability exceed the cost of substitution or the replacement of the Font Software, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESthe choice between which is at the sole discretion of Lettermin.

Warranties. Each Party represents and warrants If the HURME software product is found to be defective within 90 days of the date of delivery to the Licensee, HURME will provide suitable replacements at no charge to the Licensee, provided the Licensee can provide proof of purchase. HURME does not warrant that this product will operate with all other Party software products, or that it has will satisfy your requirements. HURME’s entire liability to the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company Licensee will not provide any Company Data extend beyond replacement of defective media or refund of the purchase price. You expressly acknowledge and agree that infringesuse of the Font Software is at your sole risk. The Font Software and related documentation are provided “AS IS” and, misappropriatesexcept as noted herein, or otherwise violates the rights is without warranty of any third partykind and HURME and its affiliated companies (together, including Intellectual Property Rights and other rights to privacy. In addition“HURME”) hereby EXPRESSLY DISCLAIM ALL WARRANTIES, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virusEXPRESS AND IMPLIED, time-bombINCLUDING, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTBUT NOT LIMITED TO, THE SOFTWARE IMPLIED WARRANTIES OF MERCHANTABILITY AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND HURME DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREOPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR SERVICES THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL HURME BE LIABLE TO YOU OR ANY TECHNOLOGIES RESULTING FROM OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREFONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. HURME’s sole liability to you shall in no event exceed the refunding of the cost of the font software or replacement of the Font Software, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESeither at HURME’s sole discretion.

Warranties. Each Party represents and The limited warranties for Contractor-branded hardware shall be as stated in the documentation provided with the hardware. If there is no such documentation, then the warranties shall be as stated at xxxx.xxx/xxxxxxxxxxxxx. Contractor warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Hardware Services will shall be performed in a professional manner consistent with industry standards good and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Companyworkmanlike manner. OETC’s approval. PickNik shall, as its exclusive remedy and Contractor’s sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, any Hardware Services warranty shall be for Contractor to re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective non-conforming Hardware Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS EXPRESSLY STATED BY CONTRACTOR IN THIS AGREEMENT, ANY APPLICABLE SOW, AMENDMENT OR EXHIBIT HERETO, ANY DELL WEBSITE OR DELIVERED WITH ANY PRODUCT, AND TO THE SOFTWARE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR (INCLUDING CONTRACTOR AFFILIATES, CONTRACTORS, AND SERVICES ARE PROVIDED “AS-IS” AGENTS, AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IMPLIED WARRANTY WITH RESPECT TO THIS AGREEMENTANY OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (a) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYPERFORMANCE, WARRANTY OF SUITABILITY, OR NON-INFRINGEMENT, WARRANTY ; (b) FOR ANY THIRD-PARTY PRODUCTS OR SERVICES; (c) FOR THE PERFORMANCE OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES RESULTS TO BE OBTAINED FROM ANY PRODUCTS OR SERVICES; OR (d) THAT THE SOFTWARE PRODUCTS OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION OR ERROR. PRODUCTS AND SERVICES ARE NOT FAULT-FREE. TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ADDITIONHAZARDOUS ENVIRONMENTS, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS ANY APPLICATION IN WHICH THE FAILURE OF THE PRODUCTS OR FINAL PRODUCTSERVICES COULD LEAD DIRECTLY TO DEATH, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREPERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH-RISK ACTIVITIES”). WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICES NOT PERFORMED OR ANY TECHNOLOGIES RESULTING FROM AUTHORIZED BY CONTRACTOR (INCLUDING INSTALLATION OR DE- INSTALLATION), USAGE NOT IN ACCORDANCE WITH THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND DOCUMENTATION, NORMAL WEAR AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE SOFTWAREPRODUCTS OR HARDWARE SERVICES. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREPROVIDER, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1ORIGINAL MANUFACTURER. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ALL THIRD-PARTY PRODUCTS ARE PROVIDED SOLELY BY CONTRACTOR “AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESIS.”

Warranties. Each Party represents and Seller warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services all Goods provided will be performed in a professional manner consistent with industry standards new and will not purposefully include any code be used or refurbished. Seller warrants that contains any virusall Goods delivered shall be free from defects in materials, time-bombdesign and workmanship and shall conform to all applicable specifications for a period of fifteen (15) months from the date of delivery to Cricut or for the period provided in Seller’s standard warranty covering the Goods, trojan horsewhichever is longer. Furthermore, the Products will be free from defects and materials which could create a hazard to life or other property; the Products will conform in all respects with all applicable international, federal, state, agency, and local laws, orders, and regulations, including, without limitation, those regarding: (a) safety, (b) content, (c) flammability, (d) weights, measures, and sizes, (e) processing, manufacturing, labeling, advertising, selling, shipping, and invoicing, (f) registration and declaration of responsibility, (h) occupational safety and health, and (g) noise, radio and electromagnetic emissions. If requested by Cricut in the Purchase Order, Seller hereby agrees that it will make spare parts available to Cricut for a period of five (5) years from the date of shipment at Sellers then current price. Additionally, Goods purchased shall be subject to all written express warranties made by Seller’s agents. All warranties shall be construed as conditions as well as warranties and shall not be exclusive. Seller shall furnish to Cricut Seller’s standard warranty and service guaranty applicable to the Goods. All warranties and Service guaranties shall run both to Cricut and to its customers. If Cricut identifies a warranty problem with the Goods during the warranty period, Cricut will promptly notify Seller of such malicious code or any open source licensed under any “copy-left” type provisions without Companyproblems and will return the Goods to Seller, at Seller’s approvalexpense. PickNik Within five (5) business days of receipt of the returned Goods, Seller shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNikCricut’s option, refund the fees paid by Company either repair or replace such Goods, or credit Cricut’s account for the portion same. Replacement and repaired Goods shall be warranted for the remainder of the Services that did not fulfill such warrantywarranty period or six (6) months, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESwhichever is longer.

Warranties. Each Party represents and NGAS warrants that all services shall be free from defects in workmanship for a period of thirty (30) days after delivery of items identified on the face hereof to the other Party that it has the full rightBuyer. If within 30 days of delivery NGAS receives notice from Buyer of defective workmanship with respect to a service, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without CompanyNGAS’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, shall be either to re-perform the Services which gave rise service or to the breach, or, at PickNik’s option, refund the fees amount paid by Company Buyer. NGAS shall have no other obligation or liability whatsoever with respect to any defective material(s) or service. Materials to be replaced or Items for which services are to be re-performed shall be shipped by Buyer to NGAS’s plant in Redondo Beach, California or to such location as NGAS may designate. Buyer will prepay freight and insurance of such shipment. Buyer shall provide returned items to NGAS in such a state that NGAS may inspect the item, immediately upon NGAS’s receipt thereof. NGAS will prepay all freight and insurance costs of the return shipment of the replaced or re-serviced items, as the case may be. Any item(s) re-serviced shall be warranted only for the portion remaining period of the Services that did not fulfill such warrantyoriginal warranty THIS AGREEMENT DOES NOT GRANT ANY OTHER WARRANTY OR GUARANTEE OR MAKE ANY REPRESENTATIONS, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EITHER EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A ANY PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, CONDUCT OR USAGE OF TRADE. THE RIGHTS AND REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS OR REMEDIES. THIS WARRANTY SHALL NOT BE VALID IF THE ITEMS THAT ARE THE SUBJECT MATTER OF MERCHANTABILITYTHIS AGREEMENT HAVE BEEN SUBJECTED TO ABUSE, WARRANTY OF NON-INFRINGEMENTMISUSE, WARRANTY OF TITLEACCIDENT, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITIONALTERATION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTNEGLECT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREUNAUTHORIZED REPAIR, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM EXPOSURE TO CONDITIONS BEYOND THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESAPPLICABLE ENVIRONMENT.

Warranties. Each Party represents Contractor expressly warrants that all Goods and warrants Services furnished pursuant to the this Order shall be (i) provided in strict accordance with all specifications, drawings, designs or other Party that it has the full rightrequirements approved or adopted by Xxxxxxx, power(ii) free from defects in design, materials and workmanship, and authority to enter into (iii) fit for the uses and purposes specified in this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunderOrder by Xxxxxxx. Further, Company represents and Contractor further warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the all Services will be performed in a an orderly and professional manner consistent and in accordance with industry established professional business standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation ethics applicable to the Services and Company’s sole in conformity with each and exclusive remedy for any breach every term of this warranty, re-perform Order. The foregoing warranties shall apply for a period of 12 months from the Services which gave rise date of Contractor’s delivery of all Goods to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion Delivery Point or performance of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing (the “Warranty Period”). If any of the breach Goods and/or Services are found to be defective or otherwise not in conformity with the warranties in this Section 9 during the Warranty Period, then Xxxxxxx, at its options and sole discretion and at Contractor’s expense, may (a) require that Contractor repair or replace/re-preform any nonconforming Goods and/or Services within 30 days following performance a reasonable time; (b) take such actions as may be required to cure all defects and/or bring the Goods and/or Services into conformity with all requirements of this Order, in which case all related costs and expenses shall be for Contractor’s account and Xxxxxxx may set-off such costs against any payment obligations it has to Contractor; and/or (c) reject and return all or any portion of such Goods and/or Services. Contractor shall promptly reimburse Xxxxxxx for any and all damages and repair costs resulting from, or due to, any deficiencies in the Goods and/or Services supplied by Contractor. Any repaired Goods or re-performed Services shall carry warranties of the defective Servicessame terms as set forth above, specifying with the breach in reasonable detailwarranty period being the remainder of the original unexpired warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTReplaced Goods shall carry warranties of the same terms as set forth above, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESwith the warranty period being 12 months after such replacement.

Warranties. Each Party represents and SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the other Party that it has PROGRAM shall substantially conform to SIMBA provided written specifications. In the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights event of any third partyalleged breach of the above express warranties, including Intellectual Property Rights you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and other rights substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to privacy. In addition, PickNik warrants to Company that promptly repair or replace the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code PROGRAM or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive portion thereof necessary to remedy for any the breach of this warranty, re-perform the Services which gave rise or to the breach, or, at PickNik’s option, refund the fees paid actually received by Company SIMBA for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailthis license. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENTABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND SERVICES ARE PROVIDED ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “AS-WHERE IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYACCURACY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OR CONDITION ARISING FROM COURSE OF TITLEPERFORMANCE, AND PICKNIK MAKES NO REPRESENTATIONS COURSE OF DEALING OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEUSAGE OF TRADE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND XXXXX DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREFUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THAT THE SAME OPERATION OF THE PROGRAM WILL BE ERROR FREE FROM SECURITY VULNERABILITIES OR MALWARE UNINTERRUPTED, OR THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR THE USE OF THE SOFTWAREPROGRAM IN TERMS OF ITS CORRECTNESS, BACKGROUND TECHNOLOGYACCURACY, OPEN SOURCE SOFTWARERELIABILITY, OR SERVICES OTHERWISE. NO ORAL OR ANY TECHNOLOGIES RESULTING FROM THE SAME WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT WAY INCREASE THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESSCOPE OF THIS WARRANTY.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.111.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and warrants to the other Party that it has the full right, powerBest Buy's sole obligation, and authority Client's exclusive remedy, for any defect or nonconformity in the Products shall be for Best Buy to enter into this Agreementcooperate with Client to provide it with the benefit, if any, of the warranty and support commitment of the third-party manufacturers and suppliers of the Product. Client expressly waives any claim against Best Buy for any failure of the Product. Client may independently seek to grant obtain directly from the rights manufacturers of the Product maintenance or repair of the Product under any warranty or guarantee provided by such manufacturer. Client acknowledges, unless Client obtains separate service agreements with such manufacturers and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, suppliers or other such malicious code third party covering maintenance or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion repair of the Services Product at the Client's Location, that did such manufacturers and suppliers may require Client to deliver defective Product to their authorized service centers for maintenance or repair. Best Buy does not fulfill such warranty, warrant the merchandise in any way and the only warranties on the merchandise are those provided that Company shall notify PickNik in writing bythe manufacturer. Best Buy warrants its labor for thirty (30) days following completion of the breach within 30 days following performance Services. Disclaimers and Limitations of the defective Services, specifying the breach in reasonable detailLiability ANY WARRANTY ON ANY PRODUCT SOLD BY BEST BUY HEREUNDER IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. EXCEPT FOR THE AS EXPRESSLY STATED HEREIN BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTOR IMPLIED, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISEFULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THIS AGREEMENTRESPECTTOTHE PRODUCTS ANDSERVICES WHICH ARE THESUBJECTOFTHESE TERMS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF PURPOSE AND NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES . CLIENT EXPRESSLY AGREES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARESERVICES IS ATCLIENT'S SOLE RISK. THESERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEST BUYMAKES NO WARRANTY THATTHE SERVICE WILLMEETCUENT'S REQUIREMENTS, OR SERVICES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BEST BUY MAKE ANY WARRANTY ASTOTHE RESULTS THATMAY BE OBTAINED FROM THE USE OF THESERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OFTHE SERVICE IS DONE ATCLIENT'S OWN DISCRETION AND RISK AND THATCLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TOCLIENT'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BYCLIENT FROM BEST BUY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFCERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. CLIENT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO CLIENT'S USE OF THE BEST BUY FOR BUSINESS WEBSITE OR ANY TECHNOLOGIES RESULTING FROM PRODUCT OR SERVICE PURCHASED HEREUNDER. BEST BUY PROVIDES THE SAME IN ANY APPLICATIONSBEST BUY FOR BUSINESS WEBSITE AND ALL INFORMATION, EXCEPT CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE BEST BUY FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1BUSINESS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY HEREBY ACKNOWLEDGES WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICESBEST BUY FOR BUSINESS WEBSITE WILL MEET YOUR REQUIREMENTS, SOFTWAREOR THAT ITWILL BE UNINTERRUPTED, BACKGROUND TECHNOLOGYSECURE, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESOR ERROR FREE. It is Client's responsibility to back up the software and data that is stored on Client's computers hard disk drive(s) and/or on any other storage devices Client may have and Best Buy shall not be responsible at any time for any loss, alteration or corruption of any software, data or files. Best Buy shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Client by Best Buy. Best Buy's maximum liability to Client arising from or related to the Products and/or Services shall be limited to the sums paid by Client to Best Buy for such Products and/or Services. No suit or action shall be brought against Best Buy more than one (1) year after the accrual of such cause of action. Best Buy will notbe responsible for delays in delivery of Product or delay or failure to perform Services due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, Product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only. Best Buy will notbe responsible for delays in delivery of Product or delay or failure to perform Services due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, Product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.

Warranties. Each Party represents and Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller's catalog, analytical data or other Party literature. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that it Buyer has misused the full rightproducts in any manner, power, and authority has failed to enter into this Agreement, to grant use the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed products in a professional manner consistent accordance with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horsepractices, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shallhas failed to use the products in accordance with instructions, as its sole obligation and Company’s if any, furnished by Seller.Seller's sole and exclusive liability and Buyer's exclusive remedy for any breach with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, such products without charge or refund the fees paid by Company for the portion of the Services that did not fulfill purchase price, in Seller's sole discretion, upon the return of such warrantyproducts in accordance with Seller's instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES CONSEQUENTIAL OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE SPECIAL DAMAGES OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE RESULTING FROM ANY USE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE FAILURE OF THE SOFTWAREPRODUCTS, BACKGROUND TECHNOLOGYEVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, OPEN SOURCE SOFTWAREWITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR SERVICES FOR ANY LABOR OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSOTHER EXPENSE, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEGLIGENCE. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESAll claims must be brought within one (1) year of shipment, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESregardless of their nature.

Warranties. Each Party represents Stefan Willerstorfer warrants the Font Software to be free from defects in materials and warrants to workmanship under normal use for a period of twenty one (21) days from the other Party that it has the full right, power, date of delivery as shown on your invoice. Stefan Willerstorfer’s entire liability and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and your exclusive remedy for any breach of this warranty, re-perform the Services which gave rise as to the breach, ora defective Font Software shall be, at PickNikStefan Willerstorfer’s option, either the refunding of the pur- chase price or the replacement of any such Font Software that is returned to Stefan Willerstorfer with a copy of the invoice. Ste- fan Willerstorfer shall have no responsibility to replace the Font Software or refund the fees paid by Company purchase price if failure results from ac- cident, abuse or misapplication, or if any product is lost or dam- aged due to theft, fire, or negligence. Any replacement Font Software will be warranted for twenty one (21) days. This war- ranty gives you specific legal rights. You may have other rights, which vary from state to state and jurisdiction to jurisdiction. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE FONT SOFT- XXXX, IS PROVIDED »AS IS«. STEFAN WILLERSTORFER DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR- TICULAR PURPOSE. The entire risk as to the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following quality and performance of the defective ServicesFont Software rests upon you. Stefan Willerstorfer does not warrant that the functions contained in the Font Software will meet your requirements or that the operation of the Font Software will be uninterrupted or error free. STEFAN WILLERSTORFER SHALL NOT BE LIABLE FOR ANY DIRECT, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTINDIRECT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYCONSEQUENTIAL, OR OTHERWISEINCIDENTAL DAMAG- ES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, WITH RESPECT TO THIS AGREEMENTBUSINESS INTERRUPTION, INCLUDING ANY WARRANTY LOSS OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLEBUSINESS INFORMATION, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT LIKE) ARISING OUT OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM OR INABILITY TO USE THE FONT SOFTWARE OR USE EVEN IF STEFAN WILLERSTORFER HAS BEEN ADVISED OF THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESthe above limitation may not apply to you.

Warranties. Each Party represents and KRT warrants that at the time of the final inspection by the Customer, the Work will conform to the other Party that it has specifications set forth on the full rightWIS. Any warranty given by KRT excludes any acts, poweromissions, conditions or events affecting or relating to the Grass or the Work not caused by KRT, including but not limited to, improper maintenance, excess or insufficient watering, unsuitable soil conditions, the presence of toxic elements in the soil or water (including salt), the existence or use of pre-emergents or herbicides, abnormal weather conditions, and authority to enter into the acts or omissions of others. KRT shall have no liability for any deterioration in quantity or quality of the Grass after the Customer approves the Work in accordance with Section 11 of this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services It will be performed the Customer’s responsibility to provide soil, water, and/or tissue analysis from any lab approved by KRT in a professional manner consistent with industry standards and will not purposefully include its reasonable discretion, should any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any alleged breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailKRT occur. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIC WARRANTY SET FORTH IN THIS AGREEMENTSECTION, KRT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, AND THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL CUSTOMER EXPRESSLY WAIVES, ANY OTHER WARRANTIES RELATED OF ANY KIND, RELATING TO THE SERVICES WORK OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, THE GRASS INCLUDING WARRANTIES OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OR WARRANTIES CONCERNING THE QUALITY, COMPOSITION, OR CHARACTERISTICS OF MERCHANTABILITYTHE WORK OR THE GRASS, WARRANTY REGARDLESS OF NON-INFRINGEMENTWHETHER ORAL OR WRITTEN, WARRANTY EXPRESS OR IMPLIED, OR ALLEGEDLY ARISING FROM ANY USAGE OF TITLE, AND PICKNIK MAKES NO TRADE OR FROM ANY COURSE OF DEALING. THE CUSTOMER AGREES THAT IT IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY KRT OTHER THAN AS EXRESSLY SET FORTH IN THIS AGREEMENT AND THAT NO OTHER REPRESENTATIONS AND WARRANTIES HAVE BEEN MADE BY KRT. THE PROVISIONS OF THIS SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES12 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Warranties. Each Party represents COMPANY warrants that the Products sold to DISTRIBUTOR shall be (1) free from any defects in material, design, workmanship, manufacture, treatment, packing, instruction manuals, labeling, warning or otherwise until the use before date (“UBD”) for sterile Products, (2) substantially in conformance with the written specifications maintained by COMPANY at the date of delivery of such Products, and warrants (3) in compliance at all times with the requirements of and regulations adopted pursuant to the other Party U.S. Federal Food, Drug and Cosmetic Act and applicable Japanese law. COMPANY further warrants that it has will convey good title to all Products delivered to DISTRIBUTOR free from any security interest, liens or other encumbrance. COMPANY will provide, when requested by DISTRIBUTOR, certification that, to the full rightbest of its knowledge, powerit is in compliance with U.S. and applicable Japanese laws, statutes, rules, and authority regulations and relevant orders relating to enter into this Agreementthe manufacture, use, distribution and sale of the Products. COMPANY’S SOLE OBLIGATION UNDER THE FOREGOING WARRANTY SHALL BE, AT COMPANY’S SOLE ELECTION, TO EITHER REPLACE THE RELEVANT PRODUCT OR REFUND DISTRIBUTOR’S FULLY-LANDED PURCHASE PRICE FOR SUCH PRODUCT. Such obligation shall be subject to grant COMPANY being granted the rights and licenses granted hereunderreasonable opportunity to inspect, and at COMPANY’s expense, the defective Product at the location of its use or storage and, upon request in accordance with COMPANY’s instruction, return of the Product to perform its obligations hereunderCOMPANY at COMPANY’s cost. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights Any such replacement of Products may be made by substitution of any third partysimilar Product meeting substantially identical quality specifications and payment by the COMPANY of all freight, including Intellectual Property Rights handling and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, duty charges or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise taxes incident to the breachdelivery of such replacement Products. Upon request by COMPANY, orin accordance with COMPANY’S instruction, DISTRIBUTOR shall return the Product to COMPANY at PickNikCOMPANY’s optioncost; provided, refund the fees paid by Company for the portion of the Services however, that did not fulfill such warrantyIN THE EVENT THAT THE RETURN OF A PRODUCT POSES A HEALTH RISK, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED DUE TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, POSSIBILITY THAT SUCH PRODUCT HAS BEEN EXPOSED TO AN INFECTIOUS DISEASE OR OTHERWISE, COMPANY, DISTRIBUTOR AND THE END-USER SHALL DETERMINE A MUTUALLY SATISFACTORY METHOD FOR COMPANY TO INSPECT OR OTHERWISE OBTAIN ADDITIONAL INFORMATION ABOUT THE PRODUCT IN ORDER FOR COMPANY TO DETERMINE ITS OBLIGATION UNDER THE FOREGOING WARRANTY. NOTWITHSTANDING THE FOREGOING, COMPANY MAKES NO WARRANTY, NOR SHALL IT HAVE ANY OTHER OBLIGATION TO DISTRIBUTOR WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER, TO THE EXTENT THAT, PRIOR TO USE, SUCH PRODUCT HAS EXCEEDED ITS UBD ACCORDING TO THE PRODUCT’S LABEL OR HAS NOT BEEN USED, HANDLED OR STORED IN ACCORDANCE WITH COMPANY GUIDELINES AS COMMUNICATED BY COMPANY TO DISTRIBUTOR. Without limiting the generality of the foregoing, and except as provided in Section 12.1, DISTRIBUTOR shall not purport to give, or assume on behalf of COMPANY, any other or different guarantee, warranty, obligation or liability whatsoever, including without limitation liability for loss or damage to person or property resulting from default or defect in design, workmanship or material or goods of any kind, other than stipulated in such warranties as COMPANY may specify from time to time. Furthermore, DISTRIBUTOR shall only give such warranties as specified in this Section 10.1 or as specified by COMPANY from time to time on [*] = CERTAIN INFORMATION IN THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, EXHIBIT HAS BEEN OMITTED AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT FILED SEPARATELY WITH THE SOFTWARE WILL BE ERROR-FREECOMMISSION. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESOMITTED PORTIONS.

Warranties. Each Party represents HURME DESIGN will, at its sole discretion, either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. To submit a claim, you must return the Font Software to HURME DESIGN or place of purchase together with a copy of your Order Receipt and warrants to certify that no copies remain in your possession or control. You expressly acknowledge and agree that use of the other Party that it has the full rightFont Software is at your sole risk. The Font Software and related documentation are provided “AS IS” and, powerexcept as noted herein, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights is without warranty of any third partykind and HRUME DESIGN hereby EXPRESSLY DISCLAIM ALL WARRANTIES, including Intellectual Property Rights and other rights to privacy. In additionEXPRESS AND IMPLIED, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virusINCLUDING, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTBUT NOT LIMITED TO, THE SOFTWARE IMPLIED WARRANTIES OF MERCHANTABILITY AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND HURME DESIGN DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREOPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR SERVICES THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL- SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL HURME DESIGN BE LIABLE TO YOU OR ANY TECHNOLOGIES RESULTING FROM OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREFONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. HURME DESIGN’s liability to you shall in no event exceed the refunding of the cost of the Licensing fee or replacement of the Font Software, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESeither at HURME DESIGN’s sole discretion.

Warranties. Each Party represents WE ARE NOT A SELLER, SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED IN THE UCC), OR DEALER, NOR A SELLER’S OR DEALER’S AGENT. THE EQUIPMENT IS LEASED HEREUNDER “AS IS”, AND WE HAVE NOT MADE, AND HEREBY DISCLAIM LIABILITY FOR, AND YOU HEREBY WAIVE ALL RIGHTS AGAINST US RELATING TO, ANY AND ALL WARRANTIES, REPRESENTATIONS OR OTHER OBLIGATIONS OF ANY KIND WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING (i) MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE, (ii) COURSE OF DEALING OR USAGE OR TRADE OR (iii) COMPLIANCE WITH APPLICABLE LAW, TITLE OR FREEDOM FROM LIENS (OTHER THAN LIENS CREATED BY US), TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT, AND LATENT DEFECTS (WHETHER OR NOT DISCOVERABLE); it being agreed that all such risks, are to be borne by You; and warrants to the other Party that it has the full right, power, and authority Our agreement to enter into this AgreementAgreement is in reliance upon the freedom from and complete negation of liability or responsibility for the matters waived and disclaimed herein. You hereby waive any claim against Us for any indirect, incidental or consequential damages to grant the rights or losses resulting from any matter whatsoever. So long as no Event of Default has occurred and licenses granted hereunderis continuing, We will not disturb Your quiet and peaceful possession, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates use of the rights of any third party, including Intellectual Property Rights and other rights to privacyEquipment. In addition, PickNik warrants so long as no Event of Default has occurred and is continuing, We hereby transfer to Company that You any warranties made to Us by the Services will be performed in a professional manner consistent manufacturer, vendor or supplier, with industry standards respect to the Equipment, during the term of Your Summary Schedule and will We shall take all actions and execute all documents reasonably requested by You to effect such transfer and to confer upon You all benefits of such warranties. We are not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy responsible for any breach liability, claim, loss, damage or expense of this warrantyany kind (including strict liability in tort) caused by the Equipment except for any loss or damage caused by Our willful misconduct or grossly negligent acts. In no event are We responsible for special, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESincidental or consequential damages.

Warranties. Each Party 5.1 Ortho warrants that any Products to be supplied to WFH hereunder will, upon shipment, comply in all respects with the Specifications and the specifications referred to in the Federal Food Drug and Cosmetic Act, and regulations issued pursuant to that Act, including but not limited to, regulations concerning current good manufacturing practices and the Quality System Regulations (as defined by the FDA)(the "QSR's"). The foregoing warranty shall not apply to any Products that after delivery to WFH (i) has been tampered with or otherwise altered; (ii) has been subjected to misuse, negligence or accident; or (iii) has been stored, handled or used in a manner contrary to FDA or other governmental requirements or Ortho's written instructions or applicable industry practices or standards. Subject to the first sentence of this Section 5.1 and except as otherwise expressly provided herein, ORTHO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCT WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER MATERIAL. Ortho agrees to bear the direct, incremental out-of-pocket costs reasonably incurred by WFH due to the recall of any Product or seizure of any Product by appropriate governmental authorities as a result of a wrongful act or omission by Ortho, including without limitation negligence in manufacture or failure to comply with applicable regulations concerning good manufacturing practices and the QSR's. Ortho further represents and warrants that to the best of its knowledge, (x) the Trademark and the Product do not infringe any patent, trademark, service mark, xxade name, copyright, trade secret or other Party that it has proprietary rights (collectively, Intellectual Property") of third parties in the full right, powerTerritory, and authority to enter into this Agreement, to grant (y) it is the rights and licenses granted hereunder, and holder of all Intellectual Property necessary to perform its obligations hereunder. Further, Company represents Ortho further agrees to notify WFH within twenty-four hours of receipt of notice from any source of any and warrants all adverse reactions reported to PickNik that Company will not provide Ortho and which were alleged to have been caused by any Company Data that infringes, misappropriatesProduct or similar products, or otherwise violates any other issues related to the rights of any third partydesign, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horsematerials, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion workmanship of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESProduct or similar products reported to Ortho.

Warranties. Each Party represents (a) Lessee acknowledges that Lessor is not the manufacturer of the Property nor the manufacturer’s agent nor a dealer therein. The Property is of a size, design, capacity, description and warrants to manufacture selected by the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunderLessee. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company Lessee is satisfied that the Services will be performed in a professional manner consistent with industry standards Property is suitable and will not purposefully include any code that contains any virusfit for its purposes. LESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, time-bombEXPRESS OR IMPLIED, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED AS TO THE SERVICES OR SOFTWAREPROPERTY, WHETHER EXPRESSINCLUDING, IMPLIEDWITHOUT LIMITATION, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OR REPRESENTATION AS TO: (i) THE DESCRIPTION, CONDITION, DESIGN, QUALITY OR PERFORMANCE OF THE PROPERTY OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE PROPERTY; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, WARRANTY PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iii) DELIVERY OF MERCHANTABILITY, WARRANTY THE PROPERTY FREE OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE RIGHTFUL CLAIM OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE PERSON BY WAY OF INFRINGEMENT OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARELIKE. LESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Software is not properly installed, BACKGROUND TECHNOLOGYdoes not function as represented or warranted by original licensor, OPEN SOURCE SOFTWAREor is unsatisfactory for any reason, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSLessee shall make any claim on account thereof solely against original licensor and shall nevertheless pay all sums payable under the Lease, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1Lessee hereby waiving the right to make any such claims, against Lessor. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESLessor shall not be liable to Lessee for any loss, SOFTWAREdamage or expense of any kind or nature caused, BACKGROUND TECHNOLOGYdirectly or indirectly, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESby the Property or the use, possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of service or loss of use thereof (including without limitation, Lessee’s use of or right to use any Software) or for any loss of business howsoever caused.

Warranties. Each Party represents and University warrants that to the other Party that best of its actual knowledge as of the date of execution of this Agreement it has the full right, power, and authority to enter into this Agreement, right to grant the licenses to the Licensed Intellectual Property contained in this Agreement. Disclaimer of all Other Warranties UNIVERSITY GRANTS THE RIGHTS IN THIS AGREEMENT AS IS AND WITH ALL FAULTS. UNIVERSITY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED CONCERNING THE LICENSED INTELLECTUAL PROPERTY RIGHTS OR THE LICENSED SOFTWARE. UNIVERSITY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF PURPOSE AND NON-INFRINGEMENT CONCERNING THE LICENSED INTELLECTUAL PROPERTY RIGHTS OR THE LICENSED SOFTWARE . UNIVERSITY FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES CONCERNING AND MAKES NO REPRESENTATIONS: that a Licensed Patent Application will be allowed or granted or that a patent will issue from a Licensed Patent Application; that a Licensed Copyright will be registered; concerning the validity, enforceability, interpretation of claims or scope of a Licensed Intellectual Property Right; that the exercise of the rights and or licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company Licensee or a Sublicensee under this Agreement do or will not provide any Company Data that infringes, misappropriates, infringe or otherwise violates the rights of any violate a third party, including ’s intellectual property rights; or that the exploitation of Licensed Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalsuccessful. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ALL LICENSED INTELLECTUAL PROPERTY RIGHTS ARE PROVIDED “AS-"AS IS” " AND EACH PARTY UNIVERSITY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORYSTATUTORY OR OTHER, OR OTHERWISEAND UNIVERSITY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, UNIVERSITY MAKES NO WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES ANY KIND THAT THE SOFTWARE LICENSED INTELLECTUAL PROPERTY RIGHTS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. IN ADDITIONLIMITATION ON TYPE AND AMOUNT DAMAGES Limitation on Type of Damages University is not liable for any special, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTreliance, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWAREexpectancy, BACKGROUND TECHNOLOGYconsequential, OPEN SOURCE SOFTWARElost profits, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREloss of business opportunity, BACKGROUND TECHNOLOGYexpectation, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1punitive or other indirect damages in connection with any claim arising out of or related to this Agreement. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.Limitation on Amount of Damages. In no event shall University’s liability to Licensee exceed the payments made to University by Licensee during the 6 months prior to the event that gave rise to the claim. MISCELLANEOUS Choice of Law and Jurisdiction

Warranties. Each Party represents and SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is delivered to you that the other Party that it has PROGRAM shall substantially conform to SIMBA provided written specifications. In the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights event of any third partyalleged breach of the above express warranties, including Intellectual Property Rights you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and other rights substantiated by SIMBA, your exclusive remedies shall be, at SIMBA’s sole option, for SIMBA to privacy. In addition, PickNik warrants to Company that promptly repair or replace the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code PROGRAM or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive portion thereof necessary to remedy for any the breach of this warranty, re-perform the Services which gave rise or to the breach, or, at PickNik’s option, refund the fees paid actually received by Company SIMBA for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailthis license. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENTABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND SERVICES ARE PROVIDED ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", “AS-WHERE IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYACCURACY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OR CONDITION ARISING FROM COURSE OF TITLEPERFORMANCE, AND PICKNIK MAKES NO REPRESENTATIONS COURSE OF DEALING OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEUSAGE OF TRADE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND SIMBA DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREFUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THAT THE SAME OPERATION OF THE PROGRAM WILL BE ERROR FREE FROM SECURITY VULNERABILITIES OR MALWARE UNINTERRUPTED, OR THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR THE USE OF THE SOFTWAREPROGRAM IN TERMS OF ITS CORRECTNESS, BACKGROUND TECHNOLOGYACCURACY, OPEN SOURCE SOFTWARERELIABILITY, OR SERVICES OTHERWISE. NO ORAL OR ANY TECHNOLOGIES RESULTING FROM THE SAME WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT WAY INCREASE THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESSCOPE OF THIS WARRANTY.

Warranties. Each Party represents and Pluralsight warrants that the On-Premise Flow Software will substantially conform to the other Party that it applicable Documentation for the term of the applicable Sales Order. This warranty does not apply if the On-Premise Flow Software: (i) has the full rightbeen altered, powerexcept by Pluralsight or its authorized representative, and authority to enter into this Agreement(ii) has not been installed, to grant the rights and licenses granted hereunderoperated, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesrepaired, or otherwise violates maintained in accordance with instructions supplied by Pluralsight, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which Pluralsight does not receive a payment of a purchase price or license fee. Pluralsight will use commercially reasonable efforts to deliver to Customer On-Premise Flow Software free from any viruses, programs, or programming devices designed to modify, delete, damage, or disable the rights software in violation of any third party, including Intellectual Property Rights and other rights to privacythe Documentation provided. In addition, PickNik warrants to Company Pluralsight does not warrant that the Services software or any equipment, system or network on which the software is used will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, free of vulnerability to intrusion or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalattack. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND PLURALSIGHT DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OPERATION OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR OTHER USE OF THE SOFTWAREON-PREMISE FLOW SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO CUSTOMER’S DATA, BACKGROUND TECHNOLOGYCOMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, OPEN SOURCE SOFTWAREPLURALSIGHT WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF CUSTOMER HAD IMPLEMENTED A REASONABLE SECURITY SOLUTION, DEVICE(S), OR SERVICES FEATURES, INCLUDING BUT NOT LIMITED TO “PATCHES,” FIXES AND UPDATES FOR THE ON-PREMISE FLOW SOFTWARE PROVIDED OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY MADE AVAILABLE BY PLURALSIGHT TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCUSTOMER.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, Web Matters makes no warranties or otherwise violates the rights representations of any third partykind, including Intellectual Property Rights and other rights to privacywhether expressed or implied for the service it is providing. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards Web Matters also disclaims any warranty of merchantability or fitness for any particular purpose and will not purposefully include be responsible for any code damages that contains may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any viruscause or errors or omissions of Client. Use of any information obtained by way of Web Matters is at Client's own risk, timeand Web Matters specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-bomb, trojan horse, to-end connection. Web Matters does not represent guarantees of speed or availability of end-to-end connections. Web Matters expressly limits its damages to Client for any non-accessibility time or other such malicious code or down time to the pro-rata monthly charge during the system unavailability. Web Matters specifically denies any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy responsibilities for any breach damages arising as a consequence of this warrantysuch unavailability. LIMITATION OF LIABILITY IN NO EVENT WILL WEB MATTERS ITS DIRECTORS, re-perform the Services which gave rise to the breachEMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, orCONSEQUENTIAL, at PickNik’s optionEXEMPLARY, refund the fees paid by Company for the portion of the Services that did not fulfill such warrantyINCIDENTAL, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES SPECIAL OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTPUNITIVE DAMAGES, INCLUDING FOR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS LOST PROFITS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING LOST DATA ARISING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR YOUR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARESERVICES, OR SERVICES ANY USER CONTENT, USER WEBSITES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, SOFTWAREEVEN IF WEB MATTERS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BACKGROUND TECHNOLOGYWEB MATTERS'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO ROBOTIC THEORIES AND NOT THE AMOUNT PAID, IF ANY, BY YOU TO WEB MATTERS FOR ANY SPECIFIC END USER PURPOSESTHE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY.

Warranties. Each Noble warrants that, for thirty (30) days following Client acceptance of the Licensed Software furnished under this Agreement or the deliverables provided pursuant to a Work Order hereunder (the "Warranty Period"), the Licensed Software, exclusive of Third Party represents and warrants Materials, will substantially conform to the accepted level of performance as set forth in Section 5.2(a) ("Warranty"). To the extent that Client notifies Noble in writing during the applicable Warranty Period of any material non‐conformity of the Licensed Software or deliverables with such acceptance level, and provides Noble with (a) Client's estimation of the severity of such non‐ conformity and (b) such printouts, typescripts, documentation and other details of such non‐conformity as Noble shall request, Xxxxx'x sole obligations to use reasonable commercial measures to remedy or provide a work‐around for such defect. In determining the timing of its response, Noble shall be entitled to take into account the severity of the defect. In the event that Noble determines that the Licensed Software is not defective in such respect, Client shall reimburse Noble for its services at Noble's then current consulting rate for such services. To the extent its agreement with a supplier of Third Party Materials permits, Noble shall pass through to Client any performance warranty relative to such Third Party Materials; provided, however, that Noble makes no additional or supplemental warranty with respect thereto. Noble warrants that it has has, and on the date of acceptance of the Licensed Software will have, the full right, power, right and authority to enter grant this license and that neither this license nor performance under this Agreement does or shall conflict with any other agreement or obligation to which Noble is a party or by which it is bound. Noble warrants that its technical and consulting services will be of a professional quality conforming to generally accepted industry standards and practices. During the thirty (30) day period following completion of any such services, Noble shall, upon receipt of written notice from Client describing a breach of the foregoing Warranty in such reasonable detail as is requested by Xxxxx, perform the services described in such written notice so as to conform to generally‐accepted industry standards and practices. These warranties do not cover defects or nonperformance due to causes and products external to the Licensed Software, and are not valid with respect to such defects or nonperformance. If the Licensed Software is not in substantial compliance with the warranties contained in this Agreement at the end of the Warranty Period, Noble shall extend the Warranty Period until the Licensed Software is brought into such compliance. If any modification is made to the Licensed Software by Client without Noble's approval, this Warranty shall immediately be terminated with respect to such modified software. Correction for difficulties or defects traceable to Client's unauthorized modifications or unauthorized systems changes shall be billed to Client at Noble's standard time and material charges. Xxxxx makes no warranties with regard to Third Party Materials. Along with the transfer of title, Xxxxx agrees to transfer and assign to Client all of Noble's rights and interests in and with respect to all purchase agreements for Third Party Materials being supplied under this Agreement between Noble and other manufacturers and distributors, subject to any limitations set forth in such agreements relating to such transfers. Upon request by Client, all purchase agreements will be submitted to Client for prior approval. Xxxxx will execute any documents or instruments reasonably necessary to effect the transfer and assignment of Xxxxx'x rights and interests thereunder. Noble makes no representation as to the effectiveness, adequacy or enforceability of such transferred rights. Except as otherwise specifically provided by this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its Xxxxx'x sole obligation and Company’s sole and exclusive remedy liability for any breach of this warranty, re-perform the Services which gave rise damages relating to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following (a) performance of the defective ServicesLicensed Software and sufficiency of the services hereunder or (b) matters covered by this Warranty, specifying shall be limited to the breach in reasonable detailprovisions of this Section 9 regardless of whether any liability is based on contract or other theory. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 9 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY NOBLE. XXXXX MAKES AND CLIENT RECEIVES NO ADDITIONAL WARRANTY, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, WARRANTY CONTRACTOR OR EMPLOYEE OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSNOBLE, EXCEPT FOR LIABILITIES EXPLICITLY XXXXX'X DULY AUTHORIZED REPRESENTATIVE, IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF NOBLE AS SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESHEREIN.

Warranties. Each Party party represents and warrants to the other Party that it party that, to the best of its knowledge: (a) the signatory signing this Agreement on its behalf has the full right, power, and authority right to enter into sign this Agreement, ; (b) this Agreement does not and shall not conflict with any other agreement entered into by it; and (c) it owns (or has been duly licensed to use) all rights in its Brands required in order to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailherein. EXCEPT FOR THE FOREGOING WARRANTIES, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOTH PARTIES (AND ECHEZ ON BEHALF OF ITS THIRD PARTY SUPPLIERS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, CONCERNING OR RELATED TO THIS AGREEMENT, AND ALL ORDER FORMS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECHEZ DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE RESULTS OF THE USE OR THE BENEFITS OF THE SERVICES, OR ANY INFORMATION CONTAINED THEREIN OR OTHERWISE PROVIDED PURSUANT TO THIS AGREEMENT. NO ECHEZ PERSONNEL IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION OR ADDITION TO THIS LIMITATION OR THE EXCLUSION OF WARRANTIES IN THIS AGREEMENT. In the event of any breach of the warranties contained in this Agreement, the sole and exclusive liability of the breaching party shall be to use commercially reasonable e"orts to promptly correct such breach. REGARDING THE ANALYTICS SERVICES, THE LEADS, MARKETING SERVICES ARE PROVIDED “AS IS”, “WHERE IS”. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTSECTION, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH NEITHER PARTY HEREBY DISCLAIMS ALL MAKES ANY WARRANTIES RELATED TO THE SERVICES OR SOFTWAREOTHER, WHETHER EXPRESS, AND ALL IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT OTHER WARRANTIES ARE DISCLAIMED TO THIS AGREEMENTTHE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYCOMPLIANCE WITH THE LAWS, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES BASED ON COURSE OF DEALING OR USAGE OF TRADE. ECHEZ DOES NOT GUARANTEE THAT THE SOFTWARE WILL INFORMATION PROVIDED BY THE CONSUMER IS ACCURATE OR COMPLETE, OR THE RESULTS TO BE ACHIEVED FROM THE LEADS, INCLUDING ANY SPECIFIC CUSTOMER CONVERSION RATES. COMPANY UNDERSTANDS AND ACCEPTS THAT LEADS AND CONTACT INFORMATION COLLECTED HAVE NOT BEEN SCREENED OR VALIDATED BY ECHEZ AND ARE NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents Seller shall have no warranty obligation whatsoever and warrants to the other Party that it has the full right, powermay deny any warranty claim unless Buyer complies with, and authority causes its customer to enter into comply with, all procedures in this AgreementWarranties section. During the period specified in this section Seller warrants that the Goods shall be: (1) furnished in accordance with the terms of the Purchase Contract, to grant (2) new and unrepaired (unless used Goods are specified in the rights and licenses granted hereunderPurchase Contract), and to perform its obligations hereunder(3) free from defects in materials and workmanship. FurtherSeller, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as at its sole obligation and Company’s sole and exclusive remedy for expense, shall promptly repair, replace or correct any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, warranty violations or refund the fees paid by Company for the an equitable portion of the Services that did not fulfill such warrantyPurchase Price during the 12 month period after delivery to the final destination point or within the 12 month period after first commercial use at the final destination point, provided that Company whichever is later, but in no event beyond 18 months from the date of delivery to Buyer. This warranty shall notify PickNik in writing apply to repaired or replaced work for 12 months from the date of repair or replacement or until expiration of the breach within 30 days following performance original warranty period, whichever is later. All goods used by Seller in the course of fabricating and/or supplying the defective ServicesGoods to Buyer only carry such warranty as is given by the manufacturer thereof. Such warranties, specifying if any, are hereby assigned by Seller to Buyer. Seller shall furnish these third party warranties to Buyer on request. Buyer shall have the breach right to assign these warranties to Buyer’s customers. No warranty claim shall enable dual recovery by Buyer or its customer. If a third party component supplier provides less of a warranty than Seller’s hereunder, Seller shall and hereby does assign the supplier’s warranty in reasonable detaillieu of Seller’s as to such component. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY SELLER HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTOTHER WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller’s sole obligation under this warranty is limited to and shall be fully discharged by Seller, WARRANTY OF MERCHANTABILITYat its expense and option, WARRANTY OF NON-INFRINGEMENTby repairing defective goods or supplying similar goods without charge. Notwithstanding anything to the contrary in the Purchase Contract, WARRANTY OF TITLEthis Warranties section is the exclusive remedy available to Buyer or its customer for a warranty claim. Under no circumstances, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEin contract, tort or otherwise, shall Seller’s total liability in connection with any Purchase Contract exceed the amount received by Seller pursuant to the purchase order(s) applicable to the claim(s). IN ADDITIONSeller shall not be liable for any breach of warranty arising from: (a) failure to follow Seller’s oral or written instructions as to storage, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTinstallation, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWAREuse or maintenance of Goods, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.or (if no instructions apply) Good Industry Practices;

Warranties. Each Party represents Buyer understands that Seller is not the manufacturer of the Products purchased by Buyer hereunder and warrants the only warranties offered are those of the Manufacturer, not Seller (except with respect to Seller’s Services discussed below). In purchasing the Products, Buyer is relying on the Manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other Party illustrations representing the Products that may be provided by Seller. SELLER HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER’S WARRANTY. Buyer expressly waives any claim that it has the full rightmay have against Seller based on any product liability or infringement or alleged infringement of any patent, powercopyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and authority also waives any right to enter into indemnification from Seller against any such Claim made against Buyer by a third party. Buyer acknowledges that no employee of Seller is authorized to make any representation or warranty on behalf of Seller that is not in this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and Seller warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards good and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalworkmanlike manner. PickNik shall, as its sole obligation and CompanyBuyer’s sole and exclusive remedy and Seller’s entire liability with respect to this warranty for any breach of this warranty, re-perform the Services which gave rise to the breach, orwill be, at PickNik’s option, the sole option of Seller to either (a) use its reasonable commercial efforts to reperform or cause to be performed any Services not in substantial compliance with this warranty or (b) refund the fees amounts paid by Company for Buyer related to the portion of the Services that did not fulfill such warrantyin substantial compliance; provided, provided that Company shall notify PickNik in each case, Buyer notifies Seller in writing of the breach within 30 five (5) business days following after performance of the defective applicable Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH HEREIN OR IN THIS AGREEMENTANY STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER’S WARRANTY, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” SUBJECT TO APPLICABLE LAW, SELLER MAKES NO OTHER, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE SERVICES PERFORMANCE OR SOFTWARENON- PERFORMANCE OF THE SERVICES, WHETHER EXPRESSINCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. BUYER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER’S WARRANTY. THE WARRANTY CONTAINED IN THIS SECTION 10 IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Any description of the Products, WARRANTY OF MERCHANTABILITYwhether in writing or made orally by Seller or Seller’s agents, WARRANTY OF NON-INFRINGEMENTspecifications, WARRANTY OF TITLEsamples, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEmodels, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the Products and shall not be construed as an express warranty. IN ADDITIONAny suggestions by Seller or Seller’s agents regarding use, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESapplication or suitability of the Products shall not be construed as an express warranty unless confirmed to be such in writing by Seller.

Warranties. Each Party represents and ProSeeder warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed provided in a professional manner consistent with (i) that meets or exceeds prevailing industry standards and will (ii) is reasonably designed for the secure maintenance and distribution of End User Files. ProSeeder warrants, to the best of its knowledge after implementing reasonable measures, that the Services do not purposefully include contain any third party computer code that contains any virusintentionally designed to disrupt, time-bomb, trojan horsedisable, or other such malicious code or harm in any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform manner the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion operation of the Services (e.g., "viruses" or "worms"). ProSeeder further warrants, to the best of its knowledge, that did the Services do not fulfill such warrantyinfringe any third party trade secret, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Servicescopyright, specifying the breach in reasonable detailU.S.- or U.K.- issued patent or trademark. OTHER THAN THE FOREGOING, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. PROSEEDER MAKES NO WARRANTY THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR DOES PROSEEDER WARRANT THE COMPATIBILITY OR OPERATION OF THE SERVICES WITH ALL HARDWARE AND SOFTWARE CONFIGURATIONS. WITHOUT LIMITING THE FOREGOING, CLIENT ACKNOWLEDGES THAT FEATURES OF THE PROSEEDER SERVICE DESIGNED TO RESTRICT ACCESS TO OR USE OF END USER FILES CANNOT PREVENT MANUAL COPYING OF DISPLAYED INFORMATION AND MAY NOT PREVENT ELECTRONIC OR DIGITAL CAPTURE OF DOCUMENT CONTENTS BY END USERS USING THIRD PARTY SOFTWARE DESIGNED TO CIRCUMVENT SUCH SYSTEM FEATURES. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENTSECTION 8, THE SOFTWARE PROSEEDER MAKES AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED CLIENT RECEIVES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING OR RELATING TO THE SERVICES OR SOFTWARESUBJECT MATTER HEREOF. PROSEEDER DISCLAIMS, WHETHER EXPRESSTO THE FULLEST EXTENT PERMITTED BY LAW, IMPLIEDALL IMPLIED WARRANTIES OF MERCHANTABILITY, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, PURPOSE AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE WILL BE ERROR-FREESUBJECT MATTER HEREOF. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY CLIENT HEREBY ACKNOWLEDGES THAT THE SERVICESIT HAS NOT RELIED ON ANY WARRANTY, SOFTWARECONDITION, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESGUARANTY OR REPRESENTATION BY PROSEEDER OTHER THAN THOSE CONTAINED IN THIS AGREEMENT.

Warranties. Each Party represents and warrants STAYmyway or Reseller shall use commercially reasonable efforts consistent with prevailing industry standards to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that maintain the Services will be performed in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional manner consistent with industry standards and will not purposefully include any code workmanlike manner. Subscriber understands and agrees that contains any virusServices may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, timeeither by STAYmyway or by third-bomb, trojan horseparty providers, or because of other such malicious code causes beyond STAYmyway’s reasonable control, but STAYmyway shall use reasonable efforts to provide advance notice in writing or by e-mail of any open source licensed under any “copy-left” type provisions without Companyscheduled service disruption. STAYmyway’s approval. PickNik shallservice term commitments shall be set forth in the Support Policy with the understanding that STAYmyway shall be in no manner liable or responsible, as its sole obligation and Company’s sole and exclusive remedy whatsoever, for any breach failed commitments that are not solely the fault of this warrantySTAYmyway or that arise as a result of a Force Majeure event. . NOTWITHSTANDING THE FOREGOING, re-perform the Services which gave rise to the breachSTAYMYWAY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, orBE FREE OF ANY VIRUSES OR HARMFUL COMPONENTS, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailBE ERROR FREE OR ACHIEVE ANY RESULTS EXPECTED BY SUBSCRIBER; NOR DOES STAYMYWAY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR EXPECTED FROM USE OF THE SERVICES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-AS IS” AND EACH PARTY HEREBY STAYmyway DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES WARRANTIES, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYINCLUDING, OR OTHERWISEBUT NOT LIMITED TO, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.Xxxx will insert service level……

Warranties. Each Party represents and Exaget warrants that the SDK materially conforms to the other Party specifications and descriptions of the SDK as included on the Exaget web site (Xxxxxx.xxx) at the time of signature of this Agreement or the delivery of the SDK, whichever is earlier (“Specification”). The period for this warranty is ninety (90) days from the date of delivery or installation, whichever is earlier. Should the SDK not materially conform with the Specification and provided that Developer notifies Exaget thereof during the warranty period, Exaget will render the SDK so that it has conforms with the Specification or revoke this license and give Developer full right, power, and authority to enter into this Agreement, to grant refund of the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the license fees paid by Company Developer for the portion use of the Services that did SDK. Exaget is not fulfill such warrantyresponsible for the operation of an external telecommunications operator or the operation or malfunctions of telecommunication links, public data network or public communications provided that Company shall notify PickNik in writing by the telecommunications operator. Notwithstanding the warranty provisions of the breach within 30 days following performance of above paragraph, Exaget shall have no warranty obligations if (i) Developer has used or is using the defective ServicesSDK in a manner or in such environment that does not conform to Exaget's written instructions or the provisions in the SDK documentation, specifying (ii) Developer or any third party has modified, or attempted to modify the breach in reasonable detailSDK, (iii) errors are caused by Developer’s software or hardware malfunctions or failures, or (iv) Developer has refused to implement any changes recommended by Exaget. EXCEPT EXAGET MAKES NO OTHER WARRANTIES. EXAGET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SDK WILL MEET THE DEVELOPER’S REQUIREMENTS OR THAT THE SDK WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR IN ALL COMBINATIONS SELECTED FOR THE USE. ESPECIALLY THERE ARE NO EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO IMPLIED NON-INFRINGEMENT WARRANTY AND ANY WARRANTY IS STRICTLY LIMITED TO WHAT IS EXPRESSLY AGREED. CERTAIN ELEMENTS OF THE SDK ARE LICENSED FROM THIRD PARTIES FREE OF CHARGE OR COMMERCIALLY. THERE IS NO WARRANTY FOR THOSE ELEMENTS OF THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, EXAGET, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THOSE ELEMENTS OF THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each For the avoidance of doubt the Third Party represents Products and warrants to Serviced are provided by or through NMS and not Bank; accordingly, Merchant acknowledges and agrees that Bank will have absolutely no liability for the other performance or operation (or lack thereof) of any Third Party Products or Services. Additionally, Merchant acknowledges and agrees that it has the full rightNMS is only a reseller of, poweror referral source, for Third Party Products and Services, and authority as such, NMS shall not in any way be liable for the performance or operation (or lack thereof) of Third Party Products and Services and neither NMS nor Bank makes any warranties, representations or covenants with respect thereto. Any and all warranties, representations or covenants regarding Third Party Products and Services, if any, are and will be governed by the terms and conditions pursuant to enter into this Agreement, which the Third Party Provider makes the applicable Third Party Products and Services available to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacyMerchant. In additionthe event that NMS resells any Third Party Products and Services to Merchant, PickNik warrants it will pass through any warranties made available to Company NMS by the applicable Third Party Provider that the Services will such Third Party Provider permits to be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any viruspassed through to Merchant. NEITHER NMS NOR BANK MAKES ANY WARRANTY, time-bombEXPRESS, trojan horseIMPLIED OR STATUTORY, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalWITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE THIRD PARTY PRODUCTS AND SERVICES ARE BEING PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED BY OR THROUGH NMS (TO THE SERVICES EXTENT EVEN BEING PROVIDED THEREBY), AND NEITHER NMS NOR BANK WARRANTS THAT THEY WILL MEET MERCHANT’S REQUIREMENTS OR SOFTWAREBE UNINTERRUPTED, WHETHER EXPRESSTIMELY, IMPLIEDAVAILABLE, STATUTORYSECURE OR ERROR FREE, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING THAT ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE ERRORS WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCORRECTED.

Warranties. Each Party represents and warrants Xxxxxxxx’ warranties, including, without limitation, warranties with respect to the other Party that it has design, materials, workmanship, merchantability, fitness for purpose and performance of its Products, shall be limited exclusively to those specifically expressed in writing from time to time by Xxxxxxxx. Any such warranty shall run directly from Xxxxxxxx to the full rightultimate consumer of the Products and shall not be enlarged, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, diminished or otherwise violates the rights of altered or amended in any third party, including Intellectual Property Rights and other rights to privacymanner by Eternal Image. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this Eternal Image shall make no representation regarding Xxxxxxxx’ warranty, re-perform if any, covering the Services which gave rise Products but shall refer its customers to the breachXxxxxxxx’ printed warranty standard in effect at that time, orif any. AS BETWEEN XXXXXXXX AND ETERNAL IMAGE, at PickNik’s optionEXCEPT AS EXPRESSLY PROVIDED HEREIN, refund the fees paid by Company for the portion of the Services that did not fulfill such warrantyXXXXXXXX DISCLAIMS ALL OTHER WARRANTIES, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective ServicesEXPRESS OR IMPLIED, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN FACT OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS AGREEMENT, ANY OF THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL EXHIBITS ATTACHED HERETO OR IN ANY OTHER MATERIALS, BROCHURES, PRESENTATIONS OR OTHER DOCUMENTS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES RELATED TO THE SERVICES OF MERCHANTABILITY OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Eternal Image represents and warrants to Xxxxxxxx that in addition to having all right title and interest in Eternal Image’s proprietary trademarks and logos, WARRANTY OF MERCHANTABILITYEternal Image is fully vested and authorized, WARRANTY OF NON-INFRINGEMENTpursuant to exclusive licensing agreements, WARRANTY OF TITLEto commercially exploit on funeral products, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEincluding caskets, urns, memorial stones and medals, the trademarks, and logos of The Vatican Observatory and Star Trek Marks subject to this Agreement and any other Marks. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESEternal Image represents and warrants that it shall use its best efforts to maintain said exclusive rights to the Marks during the Term hereof and shall specifically fulfill all of Xxxxxxxx’ contractual obligations set forth in any such licensing agreement regarding the Products.

Warranties. Each Party represents and The limited warranties for Contractor-branded hardware shall be as stated in the documentation provided with the hardware. If there is no such documentation, then the warranties shall be as stated at xxxx.xxx/xxxxxxxxxxxxx. Contractor warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Hardware Services will shall be performed in a professional manner consistent with industry standards good and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalworkmanlike manner. PickNik shall, as its OETC's exclusive remedy and Contractor's sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, any Hardware Services warranty shall be for Contractor to re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective non-conforming Hardware Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS EXPRESSLY STATED BY CONTRACTOR IN THIS AGREEMENT, ANY APPLICABLE SOW, AMENDMENT OR EXHIBIT HERETO, ANY DELL WEBSITE OR DELIVERED WITH ANY PRODUCT, AND TO THE SOFTWARE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR (INCLUDING CONTRACTOR AFFILIATES, CONTRACTORS, AND SERVICES ARE PROVIDED “AS-IS” AGENTS, AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IMPLIED WARRANTY WITH RESPECT TO THIS AGREEMENTANY OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (a) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYPERFORMANCE, WARRANTY OF SUITABILITY, OR NON-INFRINGEMENT, WARRANTY ; (b) FOR ANY THIRD-PARTY PRODUCTS OR SERVICES; (c) FOR THE PERFORMANCE OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES RESULTS TO BE OBTAINED FROM ANY PRODUCTS OR SERVICES; OR (d) THAT THE SOFTWARE PRODUCTS OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION OR ERROR. PRODUCTS AND SERVICES ARE NOT FAULT-FREE. TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ADDITIONHAZARDOUS ENVIRONMENTS, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS ANY APPLICATION IN WHICH THE FAILURE OF THE PRODUCTS OR FINAL PRODUCTSERVICES COULD LEAD DIRECTLY TO DEATH, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREPERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH-RISK ACTIVITIES”). WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICES NOT PERFORMED OR ANY TECHNOLOGIES RESULTING FROM AUTHORIZED BY CONTRACTOR (INCLUDING INSTALLATION OR DE- INSTALLATION), USAGE NOT IN ACCORDANCE WITH THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND DOCUMENTATION, NORMAL WEAR AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE SOFTWAREPRODUCTS OR HARDWARE SERVICES. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREPROVIDER, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1ORIGINAL MANUFACTURER. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ALL THIRD-PARTY PRODUCTS ARE PROVIDED SOLELY BY CONTRACTOR “AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESIS.”

Warranties. Each Party represents and warrants Subject to the other Party remaining provisions of this clause 2, Stone warrants that where it is the manufacturer of any Good and/or Deliverable on delivery, and for a period of 12 months from the date of delivery (warranty period), those Goods and/or Deliverables shall: conform in all material respects with the Goods Specification; and be free from material defects in design, material and workmanship. Where the Stone is not the manufacturer of any Good or Deliverable, Stone shall use reasonable endeavours to transfer to the Customer the benefit of any warranty or guarantee given to Stone in respect of such Good or Deliverable subject to any burdens and/or clauses attached to such warranty or guarantee and to the extent that Stone is permitted to transfer such benefit. Other than its obligations set out in this clause 2.2, Stone gives no warranty or guarantee in respect of Goods or Deliverables for which Stone is not the manufacturer or producer of the Goods or Deliverables. Subject to the following clauses of this clause 2, if: the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods or Deliverables do not comply with the warranty set out in clause 2.1; Stone is given a reasonable opportunity of examining such Goods and/or Deliverables; and the Customer (if asked to do so by Xxxxx) returns such Goods and Deliverables to Xxxxx’x place of business at the Customer’s cost, Stone shall, at its option, repair or replace the defective Goods and/or Deliverables, or refund the price of the defective Goods and/or Deliverables in full. Stone shall be at liberty to repair and/or replace the defective Goods and/or Deliverables with nearly new or refurbished parts and/or Goods and/or Deliverables where necessary, for example in circumstances when new parts and/or Goods and/or Deliverables are not readily available. Stone shall not be liable for the Goods’ and/or Deliverables’ failure to comply with the warranty in clause 2.1 if: the Customer makes any further use of such Goods and/or Deliverables after giving a notice in accordance with the Conditions; the defect arises because the Customer failed to follow Xxxxx’x oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods and/or Deliverables or (if there are none) good trade practice; the defect arises as a result of Stone following any Goods Specification supplied by or request made by the Customer; the Customer alters or repairs such Goods and/or Deliverables without the written consent of Stone; the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or the Goods and/or Deliverables differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. Replacement Goods and/or Deliverables are warrantied as above for the remainder of the original applicable warranty period. Stone will not have any obligation to de-install or re-install replacement Goods and/or Deliverables unless agreed in writing between the parties. In addition to the warranties set out in this clause 2, Xxxxx also gives the warranties set out in any Warranty Package in each case subject to and in accordance with the terms set out therein. The warranty in clause 2.1 does not apply to any Consumable except for batteries. The Goods may consist of rechargeable batteries which by their very nature are a consumable item that may eventually need to be replaced. The Customer acknowledges that battery run-time capacity degrades over time and usage (even if the equipment is permanently connected to the AC mains) and this would not be regarded a defect in the Goods and as such would not cause a warranty claim under this clause 2 to arise. Unless stated in the Goods Specification, all monitors provided by Xxxxx as part of the Goods will conform to ISO 9241-307 Class II pixel defect standard or any successor standard in either case as is in force on the delivery date. Pixel failure tolerance during the life of the monitor is as follows: Type 1 – 2 full bright (“stuck on white”) pixel Type 2 – 2 full dark (“stuck off”) pixel 5 – 10 single or double bright or dark sub-pixels (allowed pixel defects per 1 (one) million pixels in the TFT/LCD matrix) or as otherwise stated in the current ISO 9241-307 Class II pixel defect standard or any successor standard as in force on the delivery date. While the number of failed pixels remains within this tolerance, Stone shall have the right to decline any warranty claim and/or obligation to replace/repair a monitor on the grounds of pixel failure and the Goods will be deemed to be in conformance with the warranty. Any repaired or replacement Good provided which is not covered by the warranty in clause 2.1 will: be charged for based on Stone’s then current charging rates and/or prices (as applicable); and be supplied with the warranty provided at clause 2.1, but subject to a reduced warranty period of 3 months from the date of repair or delivery of the replacement Good. Xxxxx offers the Service of pre-loading the Customer’s units with any standard software build set out in the Order (“Software Build”). The following provisions apply in respect of each Software Build: Stone will also reapply the Software Build if necessary and required following any warranty repair by Stone within the relevant warranty period; Stone may delete the Software Build from Stone’s systems at the end of the warranty period applicable to the relevant Goods; the Customer warrants that it is fully authorised to require and permit Stone to apply and reapply the Software Build; and the Customer shall indemnify and keep indemnified Stone against any and all liability suffered by Xxxxx and arising from or due to any claim by a third party arising out of the application or the re- application by Xxxxx of the Software Build. Where the Goods and/or Deliverables include any software, the Customer acknowledges and agrees that Stone provides no warranty with the software and that the software will be licensed directly to the Customer by the software licensor and subject to any burdens and/or conditions attached to the relevant software licence. Stone does not warrant uninterrupted or error-free operation of the Goods, Deliverables or Services. Xxxxx provides no advice in relation to the environment or environmental controls which may be required at the Customer’s premises to safely and reliably operate and/or utilise the Goods and/or Deliverables and the Customer should obtain its own independent advice in this regard. The Customer shall not remove or obscure any logo or writing on Goods and/or Deliverables that Stone has supplied to the full right, powerCustomer. The Customer shall replace all batteries and other consumable parts of the Goods and/or Deliverables as required with compatible and approved consumables. The Customer shall not, and authority shall ensure that end users do not tamper with or attempt to enter into repair or service the Goods and/or Deliverables or allow any party other than Stone to do so. Any attempt to do this Agreementmay invalidate any applicable warranties. Except where there is a genuine dispute concerning the Charges, no warranty provided by Stone shall apply for as long as the Charges or part of them is overdue for payment and any applicable warranty period shall be reduced by any period during which the Charges or part of them are overdue for payment. Stone shall have no liability for any Goods and/or Deliverables being defective or for defective Services where the defect has been caused by the Customer. Stone shall be entitled to grant rely on any information supplied by the rights Customer in respect of its requirements for software licences and licenses granted hereunderStone shall have no liability to the Customer for any inadequacy in the number of software licences supplied due to any information supplied by the Customer being inaccurate, incomplete, inadequate and/or misleading. Stone shall have no liability to the Customer for any matters which arise due to or in connection with a failure by the Customer to implement an appropriate environment or environmental controls at the Customer’s premises in relation to the operation or utilisation of the Goods and/or Deliverables. Stone shall have no liability to the Customer for any part of any Goods and/or Deliverables which is defective and/or defective Services, unless the event is notified to Stone in accordance with clause 1.13 in respect of any defects apparent on delivery. Stone shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Goods and/or Deliverables after a defect has become apparent or suspected or should reasonably have become apparent to the Customer. Stone shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance and to perform the Customer shall ensure that its obligations hereunder. Further, Company represents insurers waive any and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the all rights of subrogation they may have against Stone. Stone shall have no liability to the Customer for any third partyloss or damage which it may suffer as a result of the loss of any data or applications from any hard drive or other storage medium either during the repair or replacement of any Goods or the provision of any of the Services. The Customer must take responsibility for protecting against any such risks in such manner as it sees fit including making such backups as it may require of the information at such intervals as may be appropriate for its purposes. To enable Stone to assess whether the Goods, including Intellectual Property Rights Deliverables and/or Services do not comply with any warranty given by Stone, the Customer shall (at the request of Stone) either procure Stone’s access to the relevant premises to enable Stone to view the defective Goods, Deliverables and/or Services and/or send in accordance with Stone’s instructions the defective Goods and/or Deliverables to Stone at its own cost for inspection. If the Customer is required to send the defective Goods and/or Deliverables to Stone for inspection and other rights it is subsequently determined by Stone that the defect is within the scope of its warranty, Stone shall refund the costs reasonably incurred by the Customer in delivering the defective Goods and/or Deliverables to privacyStone. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include event of any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed valid claim under any “copy-left” type provisions without Company’s approval. PickNik shallwarranty in these Conditions being made by the Customer, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, Stone shall be entitled to re-perform the Services which gave rise to and/or replace the breach, Goods and/or Deliverables free of charge or, at PickNikStone’s sole discretion, refund to the Customer the Charges for the defective Goods and/or Services (or a proportionate part of the Charges as appropriate) but Stone shall have no further liability to the Customer. SUPPORT PACKAGES Subject to the remaining provisions of this clause 3, if the Customer has selected and Stone has agreed to provide a Support Package Stone shall, if a fault develops in respect of any Good during the Period, at Xxxxx’x option, either: repair the defective Good (or the appropriate component part(s) of that Good); or replace the defective Good (or the appropriate component part(s) of that Good); or refund an amount calculated in accordance with the fees following formula: A = B ÷ C x D Where: A is the amount of the refund; B is the total number of days in the period from the date on which the fault was first reported to Stone pursuant to clause 3.5 and the last day of the Period; C is the total number of days in the Period; and D is an amount equal to the price paid by Company for the portion defective Good. Stone shall have no obligations pursuant to this clause 3 if, in the reasonable opinion of Xxxxx, the fault has arisen as a result of or has been exacerbated by: any accidental or wilful damage to the Good or any part of the Services Good; the Customer’s negligence; the improper or inadequate installation of the Good or any part of the Good (save where that did not fulfill installation was carried out by or on behalf of Stone); any use or storage of the Good or any part of the Good which is in any way contrary to the instructions or advice provided by Stone or (if appropriate) by the manufacturer of the Good; any improper or inadequate handling, maintenance or repair of the Good or any part of the Good (save where the same was carried out by on or behalf of Xxxxx); any alterations made to the Good or any part of the Good (save where such warranty, provided that Company shall notify PickNik alterations are carried out by or on behalf of Stone or have been expressly approved in writing and in advance by Xxxxx); the use of the breach Good or any part of the Good in conjunction with anything (including software) that has not been supplied by Stone (save where the use of that thing was expressly approved or authorised in any instructions or advice provided by Stone or (if appropriate) by the manufacturer of the Good); or a Force Majeure Event. Stone shall have no obligations pursuant to this clause 3 unless, throughout the Period, the Customer: ensures that it only uses the Good(s) in accordance with the instructions and recommendations of the relevant manufacturer(s) of the Good(s); co-operates fully with Stone in the diagnosis and assessment of any fault that develops in respect of any Good including providing Stone with access to any information, documentation, software and personnel that may reasonably be required by Stone in order to comply with its obligations under this clause 3; and complies with its obligations under clause 3.5. Stone shall have no obligations pursuant to this clause 3 if: the fault relates to a Consumable and it has arisen in circumstances where Xxxxx reasonably concludes that the fault has been caused by something other than a Hardware Failure; or the fault relates to a Monitor and notwithstanding the fault the Monitor nevertheless continues to conform to and meet the standards for typical monitor resolutions that are set out in ISO-9241- 307:2008. If a fault develops with a Good: the Customer must notify Stone as soon as reasonably possible after becoming aware of the fault by phoning Xxxxx’x designated help line phone number within 30 days Working Hours; Stone shall, during the course of the call from the Customer referred to in clause 3.5.1, assess whether in the circumstances Stone has or could have any obligations pursuant to this clause 3; if Xxxxx concludes, acting reasonably, that it has no obligations pursuant to this clause 3 it shall not be required to do anything further but if Xxxxx concludes, acting reasonably, that it has obligations pursuant to this clause 3 the Customer shall arrange for the Good(s) to be returned to Stone by such means and in such manner as may be specified by Xxxxx at the time; if the Good is returned to Stone pursuant to clause 3.5, Stone shall, if it chooses to repair or replace that Good arrange for the Good to be returned to the Customer as soon as reasonably possible after the repair or replacement has taken place and by such means as Stone may reasonably select. Stone and the Customer acknowledge and agree that if Xxxxx is required pursuant to the provisions of this clause 3: to repair any defective Good (or a component part of any Good) Stone shall only be required to ensure that following performance such repair the Good provides at least the same level of functionality as was provided by the Good before the fault developed; to replace any defective Good (or a component part of any Good) Stone shall not be required to ensure that the replacement Good or component is new and shall only be required to ensure that the same is free from defects and that following replacement the Good provides at least the same level of functionality as was provided by the Good before the fault developed; and to make a refund in relation to a defective Good Stone shall take reasonable steps to arrange for the refund to be made to the Customer by no later than 15 Business Days after the decision has been taken to make the refund or if later by the date falling three Business Days after the date on which Xxxxx takes possession of the defective Services, specifying Good. Stone and the breach Customer acknowledge and agree that in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.complying with the obligations under this clause 3: Stone shall not be responsible for the loss of any data that belongs to or was being stored by the Customer on the Good(s) or elsewhere; the Customer shall be solely responsible for ensuring that:

Warranties. Each Party represents Landlord shall use commercially reasonable efforts (but without any obligation to commence or pursue any litigation) to cause Contractor to complete with reasonable promptness the Punchlist Items and warrants repair with reasonable promptness all defects in the construction of Landlord’s Construction Work in accordance with the Approved CW Plans as to which Tenant notifies Landlord in writing (which notice Tenant shall give within thirty (30) days following the Phase 1 Commencement Date). Notwithstanding the foregoing, Landlord shall cause all Punchlist Items that reasonably can be completed within thirty (30) days after Substantial Completion of the Landlord’s Construction Work to be completed within thirty (30) days after Substantial Completion of the Landlord’s Construction Work. Except for such Punchlist Items and except for latent defects and non-compliance of Landlord’s Construction Work with Applicable Laws, Tenant shall, subject to the other Party terms hereof, be deemed to have accepted the Expansion Premises in the condition delivered to it “As Is,” provided, however, except as to those items that Landlord is required to correct pursuant to this Section, Landlord shall partially assign to Tenant (but without prejudice to any of Landlord’s rights of enforcement) all warranties that it has received under the full rightconstruction contract, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatessubcontract, or otherwise violates from any material supplier. Notwithstanding the rights foregoing, if Tenant notifies Landlord within the period beginning on Substantial Completion of any third partythe Landlord’s Construction Work and continuing through the date that is twelve (12) months thereafter (the “CW Warranty Period”), including Intellectual Property Rights and other rights to privacy. In additionof (a) latent defects in the construction of the Landlord’s Construction Work; or (b) non-compliance of Landlord’s Construction Work with Applicable Laws, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, then as its sole obligation and CompanyLandlord’s sole and exclusive remedy for any breach of this warrantyobligation with respect thereto, reLandlord shall cause such latent defect or non-perform the Services which gave rise compliance promptly to the breachbe remedied. All warranty claims shall be barred and shall lapse unless such claim is made in writing to Landlord, or, at PickNik’s option, refund the fees paid by Company for the portion with a description of the Services that did not fulfill such warrantyclaim made, provided that Company shall notify PickNik in writing on or before the expiration of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCW Warranty Period.

Warranties. Each Party The <DATA CONTROLLER> represents and warrants that: The <DATA CONTROLLER> has the right to grant the <INTERMEDIARY> the rights to the other Party that it has the full right, power, and authority to enter into Licensed Data granted in this Agreement, to grant and that the rights use and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company public disclosure of the Licensed Data by the <INTERMEDIARY> in accordance with the license will not provide any Company Data that infringes, misappropriates, infringe or otherwise violates violate the rights of any third party. The Licensed Data is not subject to, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and <DATA CONTROLLER> will not purposefully include provide the <INTERMEDIARY>, any code that contains information or data this is subject to, any virus, time-bomb, trojan horse, contractual or other such malicious code restrictions on use or disclosure. The <DATA CONTROLLER> shall not provide the <INTERMEDIARY> any Personal Information. To the extent that a third-party owns rights and/or title to all or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services Licensed Data, the <DATA CONTROLLER> represents and warrants that did it has obtained sufficient rights to grant the license set forth herein. The <DATA CONTROLLER> has not fulfill such warrantygranted and is not obligated to grant any right or license to any third party that conflicts or would conflict with the license grant under this Agreement, provided that Company shall notify PickNik in writing or assigned or exclusively licensed, and is not obligated to assign or exclusively license, use of the breach within 30 days following performance Licensed Data to any third party that would conflict with the license grant under this Agreement. The <DATA CONTROLLER> shall not grant, assign or exclusively license any other party any rights to the Licensed Data that would conflict with this Agreement. Any grant, assign or license of the defective ServicesLicensed Data done by the <DATA CONTROLLER> shall be subject to the <INTERMEDIARY>’s consent which shall not be unreasonably withheld. OTHER THAN EXPLICITLY STATED IN THE FOREGOING PARAGRAPH, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO SEPARATELY AND THE SERVICES PARTIES COLLECTIVELY MAKE NO REPRESENTATION OR SOFTWAREWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTAGREEMENT OR THE LICENSED DATA, AND EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING ANY WARRANTY OF WITH RESPECT TO TITLE, MERCHANTABILITY, VALUE, RELIABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents TAE warrants that all Goods and/or Services ordered pursuant to these Terms and warrants Conditions, will, (i) be of merchantable quality; (ii) be fit and sufficient for the purpose ordered; (iii) be free from defect in material and workmanship; (iv) comply with these Terms and Conditions; and (v) comply with all Commonwealth, State and local laws, regulations and orders applicable to the other Party that it has supply of the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, Goods or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion performance of the Services (Warranties), in each case, for the Warranty Period of 12 calendar months, or such other period specified in the TAE Quotation (“Warranty Period”) from the date on which acceptance occurs in accordance with clause 14 of these Terms and Conditions. Written notice of any claim (a “Warranty Claim”) that did Goods and/or Services ordered pursuant to these Terms and Conditions do not fulfill such warranty, provided that Company shall notify PickNik comply with the Warranties must be given by the Customer promptly (and in writing of the breach any event within 30 days following performance of the defective date the Customer first becomes aware or should have become aware that the Goods and/or Services are properly the subject of a Warranty Claim) in accordance with clause 40. The Warranty Claim must provide sufficient details to enable the Goods and/or Services to be identified and must describe the nature and extent of the alleged non-compliance. TAE will, within 30 days after receipt of a notice issued by the Customer pursuant to this clause, evaluate the Warranty Claim and provide written notice to the Customer of its evaluation. In the event that the Customer disagrees with TAE’s evaluation of the Warranty Claim, the dispute shall be resolved in accordance with clause 32. The Warranties are in lieu of and exclude, to the maximum extent possible by law, all other warranties, express or implied, arising by operation of law or otherwise. The Warranties do not apply to the extent that the non-conformance is due to (i) normal wear and tear; (ii) the Goods and/or Services, specifying having been subject to neglect, accident, contamination, damage, misuse or improper installation, removal, maintenance or application by the breach Customer; or (iii) the Customer having altered, modified, repaired or attempted to correct a defect in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESthe Goods and/or Services.

Warranties. Each Party represents and (A) Seller warrants to Buyer that for a period of 12 months from the other Party date of shipment of the Goods (“Warranty Period”), that it has such Goods will materially conform to Seller’s published specifications in effect as of the full rightdate of manufacture and will be free from material defects in material and workmanship. No warranty is given for products or components that have been (i) subject to misuse, powerimproper installation, and authority to enter into this Agreementimproper storage, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatescorrosion, or otherwise violates the rights of negligence; (ii) disassembled, modified or repaired by unauthorized persons; or (iii) used in any third party, including Intellectual Property Rights and other rights manner contrary to privacySeller’s instructions or recommendations. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY SELLER DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREOTHER WARRANTIES, WHETHER EXPRESSEXPRESS OR IMPLIED BY LAW, IMPLIEDCOURSE OF DEALING, STATUTORYCOURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE PRODUCTS WILL CONFORM TO ANY SAMPLES, ANY WARRANTY THAT THE PRODUCTS WILL NOT DISCOLOR OR THE TEXTURE OR FINISH WILL NOT CORRODE OR DETERIORATE, AND ANY WARRANTY REGARDING ANY ANCILLARY SERVICES RENDERED.(B) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 8(A). For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS AGREEMENTANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, ; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITIONCOURSE OF DEALING, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTCOURSE OF PERFORMANCE, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREUSAGE OF TRADE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESOTHERWISE.

Warranties. Each Party represents and warrants Subject to the other Party conditions and limitations of liability stated herein, TVI Electronics warrants for a period of ninety (90) days from the delivery of the Licensed Product(s) hereunder that it has such Licensed Product(s), as so delivered, will materially conform to the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacythen-current Documentation. In addition, PickNik TVI Electronics warrants to Company that the Services media on which the Licensed Product(s) are contained will be performed in free of defects under normal use for a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach period of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 ninety (90) days following performance of the defective Servicesdelivery thereof. This warranty covers only those problems reported to TVI Electronics during the warranty period. ANY LIABILITY OF TVI ELECTRONICS WITH RESPECT TO THE LICENSED PRODUCT(S) OR THE PERFORMANCE THEREOF OR DEFECTS THEREIN UNDER ANY WARRANTY, specifying the breach in reasonable detailNEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTFOREGOING, THE SOFTWARE AND SERVICES LICENSED PRODUCT(S) ARE PROVIDED “AS-"AS IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING " WITHOUT ANY WARRANTY OF CONDITION, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WARRANTY OF MERCHANTABILITYTVI ELECTRONICS DOES NOT WARRANT, WARRANTY OF NON-INFRINGEMENTGUARANTEE, WARRANTY OF TITLE, AND PICKNIK MAKES NO OR MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME LICENSED PRODUCT(S) WILL BE FREE FROM SECURITY VULNERABILITIES BUGS OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S THAT USE OF ROBOT OPERATING SYSTEM SOFTWARE LICENSED PRODUCT(S) WILL BE UNINTERRUPTED OR USE REGARDING THE USE, OR THE RESULTS OF THE SOFTWAREUSE, BACKGROUND TECHNOLOGYOF THE LICENSED PRODUCT(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, OPEN SOURCE SOFTWAREACCURACY, RELIABILITY OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSOTHERWISE. Licensee further understands that TVI Electronics is not responsible for and will have no liability for hardware, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESsoftware, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESor other items provided by any persons other than TVI Electronics.

Warranties. Each Party represents (a) Lessee acknowledges that Lessor is not the manufacturer of the Property nor the manufacturer’s agent nor a dealer therein. The Property is of a size, design, capacity, description and warrants to manufacture selected by the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunderLessee. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company Lessee is satisfied that the Services will be performed in a professional manner consistent with industry standards Property is suitable and will not purposefully include any code that contains any virusfit for its purposes. LESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, time-bombEXPRESS OR IMPLIED, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED AS TO THE SERVICES OR SOFTWAREPROPERTY, WHETHER EXPRESSINCLUDING, IMPLIEDWITHOUT LIMITATION, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OR REPRESENTATION AS TO: (i) THE DESCRIPTION, CONDITION, DESIGN, QUALITY OR PERFORMANCE OF THE PROPERTY OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE PROPERTY; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, WARRANTY PURPOSE WHETHER OR NOT DISCLOSED TO LESSOR; AND (iii) DELIVERY OF MERCHANTABILITY, WARRANTY THE PROPERTY FREE OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE RIGHTFUL CLAIM OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE PERSON BY WAY OF INFRINGEMENT OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARELIKE. LESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Property or Software is not properly installed, BACKGROUND TECHNOLOGYdoes not function as represented or warranted by original owner/vendor/licensor, OPEN SOURCE SOFTWAREor is unsatisfactory for any reason, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSLessee shall make any claim on account thereof solely against original owner/vendor/licensor and shall nevertheless pay all sums payable under the Lease, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1Lessee hereby waiving the right to make any such claims against Lessor. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESLessor shall not be liable to Lessee for any loss, SOFTWAREdamage or expense of any kind or nature caused, BACKGROUND TECHNOLOGYdirectly or indirectly, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESby the Property or the use, possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of service or loss of use thereof (including without limitation, Lessee’s use of or right to use any Software) or for any loss of business howsoever caused.

Warranties. Each Party represents and (a) Lessee warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights each item of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services equipment will be performed installed at the location designated in a professional manner consistent with industry standards the Supplement and will not purposefully include any code be kept in good repair, condition and working order and that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed upon satisfactory inspection and certification for maintenance by manufacturer Lessee will fully and finally accept each item of equipment under any “copy-left” type provisions without Company’s approvalthis Lease. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion On occurrence of the Services that did not fulfill such warrantyaforementioned events, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective ServicesLessee will execute concurrently herewith Supplement I-A. LESSEE HAS SELECTED BOTH THE EQUIPMENT AND THE MANUFACTURER OR OTHER SUPPLIER OF THE EQUIPMENT. LESSOR HAS NOT MADE AND MAKES NO WARRANTY, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT AS TO THIS AGREEMENTANY MATTER WHATSOEVER, INCLUDING ANY WARRANTY THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE, WARRANTY AND EXPRESSLY DISCLAIMS THE SAME, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT AS IS. LESSOR SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS OR DAMAGE, WHETHER INCIDENTAL OR CONSEQUENTIAL, CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY OF MERCHANTABILITYTHE EQUIPMENT, WARRANTY OF NON-INFRINGEMENTBY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, WARRANTY OF TITLEBY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH, AND PICKNIK MAKES NO REPRESENTATIONS ARISING IN STRICT LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREOTHER MALFEASANCE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSRELATED TO OR ARISING OUT OF THIS AGREEMENT AND WHETHER INVOLVING PERSONAL INJURY, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1PROPERTY DAMAGE OR OTHERWISE. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESNotwithstanding the foregoing, SOFTWARELessee shall be entitled to the benefit of any applicable manufacturer's warranties, BACKGROUND TECHNOLOGYand, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESto the extent assignable, such warranties are hereby assigned, until termination of said warranty or expiration of this Lease, whichever occurs first, and so long as no default has occurred and is continuing, by Lessor to Lessee for the benefit of Lessee.

Warranties. Each Party represents All conditions, terms, representations and warrants warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Bulk VAT Validator shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer. INDEMNITY The Customer agrees to indemnify and hold Bulk VAT Validator and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Bulk VAT Validator arising out of any breach by the Customer of the terms of this Agreement. Bulk VAT Validator will indemnify and hold the Customer harmless, from and against any claim against the Customer by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). Bulk VAT Validator shall, at its expense, defend such IP Claim and pay damages finally awarded against the Customer in connection therewith, including the reasonable fees and expenses of the attorneys engaged by Bulk VAT Validator for such defence, provided that (a) the Customer promptly notify Bulk VAT Validator of the threat or notice of such IP Claim, (b) Bulk VAT Validator will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such IP Claim; and (c) the Customer fully cooperate with Bulk VAT Validator in connection therewith. If Your use of the Service has become, or in Bulk VAT Validator’s opinion is likely to become, the subject of any such IP Claim, Bulk VAT Validator may at its option and expense (a) procure for the Customer the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by Bulk VAT Validator , terminate Your subscription to the Service and repay the Customer, on a pro-rated basis, any Subscription Charges previously paid to Bulk VAT Validator for the corresponding unused portion of Your Subscription Term. Bulk VAT Validator will have no liability or obligation under this Section with respect to any IP Claim if such claim is caused in whole or in part by (a) compliance with designs, data, instructions or specifications provided by the Customer; (b) modification of the Service by anyone other than Bulk VAT Validator ; or (c) the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing. Licensor shall not settle or compromise any IP Claim that imputes fault or liability upon the Customer without your prior written consent. LIMITATION OF LIABILITY Excluding Bulk VAT Validator's indemnity obligations for third party IP infringement claims, the entire liability of Bulk VAT Validator to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Service under this Agreement in respect of which the breach has arisen. In no event shall Bulk VAT Validator be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Bulk VAT Validator had been made aware of the possibility of the Customer incurring such a loss. TERM AND TERMINATION This Agreement will become effective on the date the Service is ordered. A Customer may terminate their Service immediately at anytime and Bulk VAT Validator may terminate this agreement upon giving the Customer 30 days written notice. In addition either party may terminate this Agreement forthwith by notice in writing to the other Party that it has if:- • the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in party commits a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any material breach of this warrantyAgreement and, re-perform in the Services case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or • the other party commits a material breach of this Agreement which gave rise to cannot be remedied under any circumstances; or - • the breach, or, at PickNik’s option, refund the fees paid by Company other party passes a resolution for winding up (other than for the portion purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or - • the other party ceases to carry on its business or substantially the whole of its business; or - • the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets. • Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the Services that did parties arising in any way out of this Agreement as at the date of termination. • On termination all data held in the customers account will be deleted. If the Customer terminates for Bulk VAT Validator’s material breach then the Customer is entitled to a refund of any pre-paid subscription fee for the remaining term on a pro rata basis. ASSIGNMENT • Bulk VAT Validator may assign or otherwise transfer this Agreement at any time. • The Customer may not fulfill such warrantyassign or otherwise transfer this Agreement or any part of it without Bulk VAT Validator's prior written consent which shall not be unreasonably withheld. • FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, provided that Company including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall notify PickNik in writing be entitled to a reasonable extension of its obligations after notifying the other party of the breach within 30 days following performance nature and extent of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESsuch events.

Warranties. Each Party represents and Ricoh warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed performed: (a) in a professional manner consistent with industry standards good and workmanlike manner; (b) using reasonable care and skill; and (c) according to the description contained in the applicable Order Form. Ricoh will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the any Services which gave rise not in compliance with this warranty and brought to the breach, or, at PickNikRicoh’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik attention in writing of the breach within 30 a reasonable time, but in no event more than thirty (30) days following after such Services are performed. Customer acknowledges that Ricoh’s performance of Services is dependent upon Customer’s timely and effective performance of its responsibilities set forth in the defective Services, specifying the breach in reasonable detailOrder Form. EXCEPT FOR THE EXPRESS WARRANTIES AS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN THIS AGREEMENTAN ORDER FORM, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL RICOH MAKES NO WARRANTIES RELATED TO THE SERVICES OF ANY KIND, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES, EQUIPMENT OR GOODS PROVIDED UNDER THIS AGREEMENT, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING BETWEEN THE PARTIES, WARRANTY COURSE OF MERCHANTABILITYPERFORMANCE, WARRANTY TRADE USAGE OR INDUSTRY CUSTOM. IN NO EVENT SHALL RICOH BE LIABLE TO CUSTOMER OR A THIRD PARTY FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF NONSOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DELAY OF DELIVERY OF SERVICES UNDER THIS AGREEMENT. RICOH ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ANTI-INFRINGEMENT, WARRANTY OF TITLEVIRUS OR SIMILAR SOFTWARE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND SCOPE OF SERVICES CONTEMPLATED HEREBY DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR INCLUDE ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SUCH SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that 1 xxxxx://xxxxxxxxxx.xxx/xxxxxxxx/XXX-0-Xxxxxx Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.111.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES OF THE LESSOR SET FORTH IN THIS AGREEMENTARTICLE 8 ARE ---------- EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS OR WARRANTIES OF THE LESSOR WHETHER STATUTORY, WRITTEN, ORAL OR IMPLIED, AND THE SOFTWARE LESSOR HAS NOT MADE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY DOES NOT HEREBY DISCLAIMS ALL WARRANTIES RELATED MAKE, NOR SHALL IT BE DEEMED BY VIRTUE OF HAVING LEASED THE EQUIPMENT PURSUANT TO THIS AGREEMENT TO HAVE MADE, ANY REPRESENTATION OR WARRANTY AS TO THE SERVICES OR SOFTWAREMERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS DESIGN OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARECONDITION OF, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM AS TO THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE QUALITY OF THE SOFTWAREWORKMANSHIP IN, BACKGROUND TECHNOLOGYTHE EQUIPMENT, OPEN SOURCE SOFTWAREbut the Lessor authorizes the Lessee, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSat the Lessee's expense, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1to assert during the Term, so long as no Default or Event of Default shall have occurred and be continuing, all of the Lessor's rights under any previous manufacturer's, vendor's or dealer's warranty with respect to the Equipment, and the Lessor agrees to cooperate with the Lessee in asserting such rights in order to obtain the benefit thereof; provided, however, that the Lessee shall not attempt to -------- ------- enforce such rights unless (i) the Lessee shall first notify the Lessor of the Lessee's intention to enforce such rights and shall furnish to the Lessor such information with respect thereto as the Lessor may reasonably request and (ii) the enforcement of the rights does not, in the Lessor's reasonable judgment, involve any danger of sale, forfeiture or loss of any Unit or create the danger of the Lessor's incurring criminal liability or other liability for which indemnification by the Lessee, satisfactory to the Lessor, of the Lessor and all other Indemnified Parties is not provided. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESAny amount received by the Lessee as payment under any warranty pursuant to the above authorization shall be applied to restore the Equipment to as good a condition as it was or should have been (but for defects giving rise to such payment under warranty) when delivered by the Lessee to the Lessor hereunder, SOFTWAREordinary wear and tear excepted, BACKGROUND TECHNOLOGYwith the balance of such amount, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESif any, to be paid over to the Lessor unless such balance was paid or awarded to the Lessee as compensation for any interruption in the use of the Equipment or other damage suffered by the Lessee during the Term in which case such balance shall be deposited in the Project Control Account. The provisions of this section have been negotiated and agreed to by the parties hereto and, except to the extent otherwise expressly provided in this section, are intended to be a complete negation and exclusion of any representations or warranties by the Lessor, express or implied, whether arising pursuant to the UCC or any similar law now or hereafter in effect, or otherwise.

Warranties. Each Party Distributor represents and warrants to the other Party that it that: (i) Distributor has the knowledge, experience, expertise, and resources to perform all of its obligations under this Agreement; (ii) Distributor has full right, power, power and authority to enter into execute, deliver and perform this Agreement; it is a corporation duly organized, validly existing and in good standing under the laws governing its incorporation and has full corporate power and authority to grant execute, deliver and perform this Agreement; (iii) the rights execution, delivery and licenses granted performance of this Agreement have been duly authorized by all necessary action of Distributor and Distributor is qualified to do business in all jurisdictions where such qualification is required for its performance hereunder; and (iv) Distributor holds, and throughout the term of this Agreement shall maintain, all required permits, licenses, approvals or other authorizations, and is in compliance with all necessary legal or other requirements necessary to perform its obligations hereunderunder this Agreement. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights Disclaimer of any third party, including Intellectual Property Rights and other rights to privacyWarranties. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalCOMPANY MAKES NO WARRANTIES OR REPRESEN­TATIONS AS TO PERFORMANCE OF COMPANY PRODUCTS. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREEXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTALL IMPLIED WARRAN­TIES, INCLUDING ANY WARRANTY BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABI­LITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, WARRANTY ARE HEREBY EX­CLUDED BY COMPANY. Distributor Warranty. Distributor will make no warranty, guarantee or representation, whether written or oral, on Company’ behalf. Limited Liability. COMPANY WILL NOT BE LIABLE FOR ANY LOST PROFITS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY DISTRIBUTOR, ITS CUSTOMERS OR OTHERS ARISING OUT OF MERCHANTABILITYOR RELATED TO THIS AGREEMENT OR COMPANY PRODUCTS, WARRANTY FOR ALL CAUSES OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE BREACH OF ROBOT OPERATING SYSTEM SOFTWARE OR USE WAR­RANTY) EVEN IF COMPANY HAS BEEN ADVISED OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM COMPANY’ GROSS NEGLI­GENCE OR WILLFUL MISCONDUCT, IN SECTION 10.1NO EVENT WILL COMPANY’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR COMPANY PRODUCTS, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE TOTAL AMOUNT PAID BY DISTRIBUTOR HEREUNDER. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESDistributor agrees that the limitations of liability and disclaimers of warranty set forth in this Agreement will apply regardless of whether Company has tendered delivery of Company Products or Distributor has accepted any Company Product. Distributor acknowledges that Company has set its prices and entered into this Agreement in reliance on the disclaimers of liability, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.the disclaimers of warranty and the limitations of liability set forth in this Agreement and that the same form the basis of the bargain between the parties. Territorial Restrictions

Warranties. Each Party represents and warrants Subject to the other Party conditions and limitations of liability stated herein, Silicon Labs warrants for a period of ninety (90) days from the delivery of the Licensed Product(s) hereunder that it has such Licensed Product(s), as so delivered, will materially conform to the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacythen-current Documentation. In addition, PickNik Silicon Labs warrants to Company that the Services media on which the Licensed Product(s) are contained will be performed in free of defects under normal use for a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach period of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 ninety (90) days following performance of the defective Servicesdelivery thereof. This warranty covers only those problems reported to Silicon Labs during the warranty period. ANY LIABILITY OF Silicon Labs WITH RESPECT TO THE LICENSED PRODUCT(S) OR THE PERFORMANCE THEREOF OR DEFECTS THEREIN UNDER ANY WARRANTY, specifying the breach in reasonable detailNEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTFOREGOING, THE SOFTWARE AND SERVICES LICENSED PRODUCT(S) ARE PROVIDED “AS-"AS IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING " WITHOUT ANY WARRANTY OF CONDITION, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WARRANTY OF MERCHANTABILITYSilicon Labs DOES NOT WARRANT, WARRANTY OF NON-INFRINGEMENTGUARANTEE, WARRANTY OF TITLE, AND PICKNIK MAKES NO OR MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME LICENSED PRODUCT(S) WILL BE FREE FROM SECURITY VULNERABILITIES BUGS OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S THAT USE OF ROBOT OPERATING SYSTEM SOFTWARE LICENSED PRODUCT(S) WILL BE UNINTERRUPTED OR USE REGARDING THE USE, OR THE RESULTS OF THE SOFTWAREUSE, BACKGROUND TECHNOLOGYOF THE LICENSED PRODUCT(S) OR DOCUMENTATION IN TERMS OF CORRECTNESS, OPEN SOURCE SOFTWAREACCURACY, RELIABILITY OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSOTHERWISE. Licensee further understands that Silicon Labs is not responsible for and will have no liability for hardware, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESsoftware, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESor other items provided by any persons other than Silicon Labs.

Warranties. Each Party represents and Exaget warrants that the Software materially conforms to the other Party specifications and descriptions of the Software as included on the Exaget web site (Xxxxxx.xxx) at the time of signature of this Agreement or the delivery of the Software, whichever is earlier (“Specification”). The period for this warranty is ninety (90) days from the date of delivery or installation, whichever is earlier. Should the Software not materially conform with the Specification and provided that Customer notifies Exaget thereof during the warranty period, Exaget will render the Software so that it has conforms with the Specification or revoke this license and give Customer full right, power, and authority to enter into this Agreement, to grant refund of the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the license fees paid by Company Customer for the portion use of the Services that did Software. Exaget is not fulfill such warrantyresponsible for the operation of an external telecommunications operator or the operation or malfunctions of telecommunication links, public data network or public communications provided that Company by the telecommunications operator. The Software shall notify PickNik in writing not be considered materially dysfunctional if the Customer provides services upon the application. Notwithstanding the warranty provisions of the breach within 30 days following performance of above paragraph, Exaget shall have no warranty obligations if (i) Customer has used or is using the defective ServicesSoftware in a manner or in such environment that does not conform to Exaget's written instructions or the provisions in the Software documentation, specifying (ii) Customer or any third party has modified, or attempted to modify the breach in reasonable detailSoftware, (iii) errors are caused by Customer’s software or hardware malfunctions or failures, or (iv) Customer has refused to implement any changes recommended by Exaget. EXCEPT FOR EXAGET MAKES NO OTHER WARRANTIES. EXAGET DOES NOT WARRANT THAT THE EXPRESS WARRANTIES SET FORTH FUNCTIONS CONTAINED IN THIS AGREEMENT, THE SOFTWARE AND SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR IN ALL COMBINATIONS SELECTED FOR USE. ESPECIALLY THERE ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES NO EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO IMPLIED NON-INFRINGEMENT WARRANTY AND ANY WARRANTY IS STRICTLY LIMITED TO WHAT IS EXPRESSLY AGREED. CERTAIN ELEMENTS OF THE SOFTWARE ARE LICENSED FROM THIRD PARTIES FREE OF CHARGE OR COMMERCIALLY. THERE IS NO WARRANTY FOR THOSE ELEMENTS OF THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, EXAGET, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THOSE ELEMENTS OF THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party party represents and warrants to the other Party that party that, as of the date hereof: (i) it has the full right, power, power and authority to enter into this execute and deliver the Agreement; (ii) the Agreement has been duly authorized and executed by an appropriate employee of such party; (iii) the Agreement is a legally valid and binding obligation of such party; and (iv) its execution, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following delivery and/or performance of the defective ServicesAgreement does not conflict with any agreement, specifying the breach in reasonable detailunderstanding or document to which it is a party. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH VWORK WARRANTS THAT ANY AND ALL SERVICES PROVIDED BY IT HEREUNDER SHALL BE PERFORMED IN THIS AGREEMENTA PROFESSIONAL MANNER CONSISTENT WITH PREVAILING INDUSTRY STANDARDS, AND THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN MATERIAL ACCORDANCE WITH THE AGREEMENT AND SERVICES ARE APPLICABLE DOCUMENTATION PROVIDED “AS-IS” AND EACH PARTY HEREBY BY VWORK. CLIENT’S EXCLUSIVE REMEDY FOR ANY BREACH OF THESE WARRANTIES SHALL BE TO TERMINATE THE AGREEMENT FOR CAUSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VWORK DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OTHER WARRANTIES, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTINCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENTINFRINGEMENT (EXCEPT FOR THE INFRINGEMENT INDEMNIFICATION PROVIDED HEREUNDER) AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS USAGE OR WARRANTIES TRADE PRACTICE. CLIENT UNDERSTANDS THAT THE SOFTWARE IS SOFTWARE-AS-A-SERVICE. ACCORDINGLY, SOFTWARE ENHANCEMENTS MAY BE MADE BY VWORK ON A PERIODIC BASIS, AND CLIENT WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT ONLY HAVE ACCESS TO THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE MOST RECENT VERSION OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and warrants Xxxxxxxx expressly disclaims all warranties, express or implied with respect to the other Party that it has the full right, power, Product and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesrelated materials, or otherwise violates their quality of performance including warranties of merchantability and fitness for a particular purpose. TAL makes no representation concerning the rights likelihood of profitable trading using the Product. The Product is licensed "as is" and "with all faults". Distributor shall not extend any warranties for or on behalf of Xxxxxxxx or the CBOT and shall make no representation or warranty regarding the Product or the MPGF Software or the likelihood of profitable trading based on the Product, the MPGF Software or the Market Profile Graphic Format. In no event shall Xxxxxxxx or the CBOT incur any liability to Distributor or any customer of Distributor arising out of any third partycontract or arrangement between Distributor and any of its customers unless Xxxxxxxx or the CBOT shall expressly and in writing agree to the contrary. ANY CURRENT WARRANTY STATEMENT PUBLISHED BY XXXXXXXX IS EXCLUSIVE, including Intellectual Property Rights and other rights to privacyAND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE. In additionNEITHER XXXXXXXX OR THE CBOT ASSUMES, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virusNOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, time-bombANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN, trojan horseMANUFACTURE, or other such malicious code or any open source licensed SALE, INSTALLATION OR USE OF ANY OF ITS PRODUCTS. XXXXXXXX AND THE CBOT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE, DESIGN, MANUFACTURE, INSTALLATION OR USE OF ANY PRODUCTS, WHETHER DUE TO NEGLIGENCE OR ANY OTHER CAUSE. Xxxxxxxx'x liability, if any, under any “copy-left” type provisions without Company’s approval. PickNik shallwarranty statement shall in all events be limited to repair or replacement at Xxxxxxxx'x sole option of any defective Product, as its sole obligation and Company’s which shall be Distributor's sole and exclusive remedy for remedy; provided, however, that if any breach of this warranty, re-perform the Services which gave rise defective Product cannot in Xxxxxxxx'x sole opinion be replaced then Xxxxxxxx'x liability shall be limited to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion return of the Services that did not fulfill such last month's lease payment thereof. Any unauthorized modification or improvement to the Product which affects the Product as delivered to Distributor will void Xxxxxxxx'x then-current warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents HARBEC warrants all Items delivered hereunder to be free from defect in material or workmanship and warrants to conform strictly to the other Party that it has the full rightspecifications, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesdrawings, or otherwise violates sample specified or furnished by Customer in effect as of the rights date of this Quote. This warranty shall survive any third partyinspection, including Intellectual Property Rights and other rights to privacy. In additiondelivery, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horseacceptance of, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid payment by Company Buyer for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailproducts or materials or services. EXCEPT FOR THE EXPRESS WARRANTIES WARRANTY SET FORTH IN THIS AGREEMENTABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, HARBEC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THIS AGREEMENTTHE ITEMS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, ; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITIONCOURSE OF DEALING, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTCOURSE OF PERFORMANCE, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREUSAGE OF TRADE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM OTHERWISE. HARBEC shall not be liable for a breach of the warranty set forth above unless: (i) Customer gives written notice of the defect, reasonably described, to HARBEC within 60 days of the time when Customer discovers or ought to have discovered the defect; (ii) HARBEC is given a reasonable opportunity after receiving the notice to examine such Items and Customer (if required to do so by HARBEC) returns such Items to HARBEC’s place of business at HARBEC’s cost for the examination to take place; and (iii) HARBEC reasonably verifies Customer’s claim that the Items are defective. HARBEC shall not be liable for a breach of the warranty set forth above if: (i) Customer makes any further use of such Items after giving such notice; (ii) the defect arises because Customer failed to follow HARBEC’s oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Items; or (iii) Customer alters or repairs such Items without the prior written consent of HARBEC. Subject to the exceptions above, with respect to any such Items during the Warranty Period, HARBEC shall, in its sole discretion, either (i) repair or replace such Items (or the defective part(s)) or (ii) credit or refund the Price of such Items at the pro- rata contract rate, provided that if HARBEC so requests, Customer shall, at HARBEC's expense, return such Items to HARBEC. THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY REMEDIES SET FORTH IN THIS SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT SHALL BE THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, CUSTOMER’S SOLE AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES EXCLUSIVE REMEDY AND NOT HARBEC’S ENTIRE LIABILITY FOR ANY SPECIFIC END USER PURPOSESBREACH OF THE LIMITED WARRANTY SET FORTH HEREIN.

Warranties. 9.1 “Corporate Requisites” Each Party party hereby represents and warrants to the other Party that that: (a) it has the full right, power, corporate power and authority to enter into and perform this Agreement, and it knows of no contract, agreement, promise, undertaking or other fact or circumstance which would prevent the full execution and performance of this Agreement by it; and (b) it is a corporation duly organized and in good standing in the country or state of its incorporation and in good faith is and fully intends to grant remain in compliance with all applicable laws, rules and regulations in the rights conduct of its business. 9.2 “Performance Warranty” Licensor warrants that until July 1, 2005 (the “Warranty Period”) the Software, as delivered, will be free from material defects in media and licenses granted Errors. In the event Licensee discovers that the Software fails to conform to the foregoing warranty during the Warranty Period, Licensee shall promptly notify Licensor and provide Licensor with reasonably available information in written or electronic form so that Licensor can verify such non-conformance. Licensor shall undertake reasonable commercial efforts to repair or replace the components of the Software to which Licensor can verify non-conformance within thirty (30) days after such notice in order to c orrect such non-conformance without materially adversely affecting the performance or functionality of the Software, or, in the event Licensor is unable to repair or replace the Software in order to correct such non-conformance without materially adversely affecting the performance or functionality of the Software within such thirty (30) day period, Licensor shall refund to Licensee the License Fees paid hereunder, less those amounts necessary to cover Licensor’s reasonable development costs, and all fees paid under the Maintenance Agreement relating to perform its obligations hereundersuch non-conformance. Further, Company The methods and techniques utilized by Licensor to correct errors shall be at the discretion of Licensor. 9.3 “Other Warranties” Licensor represents and warrants that: (a) if applicable, it shall pass through to PickNik that Company Licensee any product and third party end-user warranties and indemnities. To the extent Licensor is not permitted to so pass-through, Licensor agrees to enforce such warranties and indemnities on behalf of Licensee; (b) it has and shall maintain full authority to license the Licensed Technology to Licensee hereunder; (c) to the best of its knowledge, the Licensed Technology and any services provided to Licensee do not and will not provide infringe upon and are free from any Company Data that infringesclaim by any third party of infringement of any U.S. patent, misappropriatestrademark, copyright, trade secret or otherwise violates the rights any other proprie tary right of any third party; (d) it will use (and cause its subcontractors to use) commercially reasonable efforts to maintain the Licensed Technology, including Intellectual Property Rights as applicable, free of software viruses, disabling code or similar items; and other rights (e) the Licensed Technology and any services provided to privacy. In addition, PickNik warrants to Company that the Services Licensee are and will be performed provided in a professional manner consistent compliance with industry standards the requirements of all applicable federal, state and will not purposefully include any code that contains any viruslocal laws, time-bombordinances, trojan horse, or other such malicious code or any open source licensed under any regulations and codes. 9.4 “copy-leftDisclaimer” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTAGREEMENT AND TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREOTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO REGARDING THE LICENSED TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT. EACH PARTY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF SYSTEM INTEGRATION AND NON-INFRINGEMENT, WARRANTY AND THOSE ARISING FROM A COURSE OF TITLEDEALING OR USAGE OF TRADE. FURTHER, AND PICKNIK MAKES NO LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME LICENSED TECHNOLOGY WILL BE FREE FROM SECURITY VULNERABILITIES BUGS OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S THAT ITS USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.WILL BE 7

Warranties. Each Party Velodyne makes no warranty or representations regarding manufacturing costs or xxxx of materials costs. Velodyne makes no warranty or representations regarding manufacturing times or yields. Pursuant to SEC Release 34-85381, certain identified information has been excluded from this Exhibit because it is (i) not material and (ii) would be competitively harmful if publicly disclosed. 14 Velodyne represents and warrants to that: (i) the other Party that it has the full rightinformation, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights documents and other rights materials provided to privacyVeoneer hereunder will conform materially to what has been agreed between the Parties regarding the same (which shall be specified with particularity in the Definitive Agreement); and (ii) said information, documents and other materials will be sufficient for reasonably qualified personnel to develop the initially targeted Licensed Products meeting reasonable customer requirements, save for the automotive grade improvements (which will be the sole responsibility of Veoneer). In additionFor clarity, PickNik warrants to Company it is agreed that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warrantythe above representation and warranty other than willful misconduct or gross failure will be the providing of remedied information, re-perform documents and other materials to support Veoneer and that, in no event, will any possible monetary liability on the Services which gave rise part of Velodyne for the same exceed $[*] USD in the aggregate. Velodyne represents and warrants that the [*] design and the Licensed Products, to the breachextent comprising the [*] design and excluding any automotive grade and other improvements or modifications created by Veoneer, ordo not infringe any third-party intellectual property rights. Notwithstanding anything to the contrary, at PickNik’s optionVelodyne does not provide any warranty and disclaims all liability with respect to products produced by Veoneer (including, refund the fees paid by Company without limitation, Licensed Products) and, save for the portion of the Services that did not fulfill such warranty, warranties expressly provided that Company shall notify PickNik above in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailthis Section 5.9. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THE PRECEDING SENTENCE, VELODYNE MAKES NO WARRANTY WITH RESPECT TO ANY LICENSED PRODUCT, VELODYNE INTELLECTUAL PROPERTY, VELODYNE SERVICES, VELODYNE INTELLECTUAL PROPERTY RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT, ANY AND ALL OF THE SOFTWARE AND SERVICES FOREGOING ARE PROVIDED ON AN “AS-AS IS” BASIS AND EACH PARTY VELODYNE HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREOF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, PURPOSE AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT NONINFRINGEMENT WITH RESPECT TO ANY AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE ALL OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESFOREGOING.

Warranties. Each Party represents and of the parties warrants to the other Party that it has the full right, power, power and authority to enter into and perform this Agreementagreement. The Developer shall perform the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards. The Developer warrants that operation of the Site will be uninterrupted and free of errors, viruses and material defects and that the Site will perform in accordance with the Site Specification for a period of 12 months from Acceptance. If the Site does not so perform, the Developer shall, for no additional charge fix it. liability Customer and Developer shall be severally liable for the performance of their duties. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage. Intellectual property rights Intellectual Property Rights shall mean all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, xxxxx patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to xxx for passing off. All Intellectual Property Rights in the Site Specification and the Site (including in the content of the Site and the Site Software) arising in connection with this agreement shall be the property of the Customer, and the Developer hereby assigns all such Intellectual Property Rights to the Customer. Term and termination This agreement shall commence on the Effective Date. Either party may terminate this agreement immediately at any time by written notice to the other party if: • That other party commits any material breach of its obligations under this agreement which (if remediable) is not remedied within 10 days after the service of written notice specifying the breach and requiring it to be remedied; or • That other party becomes insolvent or there is a change of control at the other party, or the other party ceases to trade; or • That other party has been subject to a Force Majeure Event for a continuous period of more than 90 days. On expiry or termination of this agreement: ▪ All licences granted to the Developer under this agreement shall terminate immediately; ▪ The Developer shall promptly return all Customer materials and all copies of the Site Specification to the Customer; and ▪ All provisions of this agreement shall cease to have effect, except that any provision that can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect. Data protection The Developer warrants that, to grant the rights extent it processes any Personal Data on behalf of the Customer: o It shall act only on instructions from the Customer; and licenses granted hereunder, o It has in place appropriate technical and to perform its obligations hereunder. Further, Company represents organisational security measures against unauthorised or unlawful processing of Personal Data and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesagainst accidental loss or destruction of, or otherwise violates damage to, Personal Data. Force majeure Force Majeure Event shall mean any event arising which is beyond the rights reasonable control of the affected party (including any industrial dispute affecting any third party, including Intellectual Property Rights and other rights to privacygovernmental regulations, fire, flood, disaster, civil riot or war). In addition, PickNik warrants to Company that the Services will be performed in A party who becomes aware of a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horseForce Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this agreement shall forthwith notify the other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform shall inform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion other of the Services period for which it is estimated that did not fulfill such warranty, provided that Company failure or delay will continue. The affected party shall notify PickNik in writing take all reasonable steps to mitigate the effect of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESForce Majeure Event.

Warranties. Each Party represents and party hereby warrants to the other Party party that it has the full right, power, and all necessary authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates under this agreement without the rights consent of any third party or breach of any contract or agreement with any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik Optis warrants to Company that the Services (i) any services provided hereunder will be performed in a professional manner consistent in accordance with prevailing industry standards standards; (ii) the services will perform substantially in accordance with any applicable online documentation provided with the services under normal use and circumstances; and, (iii) the functionality of the services will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Companybe materially decreased during the term. Customer’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warrantythese warranties shall be to terminate in accordance with the terms provided in the mutual indemnification section. To the extent permitted by applicable law, reOptis disclaims all other warranties and conditions, express, implied, statutory or otherwise, including those of merchantability, satisfactory quality, title, fitness for a particular purpose and non-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company infringement except for the portion infringement indemnification expressly provided in the mutual indemnification section. Indemnification by Us We shall defend you against any claim, demand, suit, or proceeding made or brought against you by a third party alleging that the use of the Services that did not fulfill such warrantyas permitted hereunder infringes or misappropriates the intellectual property right of a third party (a “Claim Against You”), and shall indemnify you for any damages, attorney fees and costs finally awarded against you as a result of, and for amounts paid by you under a court-approved settlement of, a Claim Against you; provided that Company shall notify PickNik in writing you (a) promptly give Optis written notice of the breach within 30 days following performance Claims Against you; (b) give Optis sole control of the defective Servicesdefense and settlement of the Claims Against you (provided that we may not settle any Claim Against you unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, specifying at our expense. In the breach event of a claim against you, or if we reasonably believe the Services may infringe or misappropriate, we may in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTour discretion and at no cost to you (i) modify the Services so that they no longer infringe or misappropriate, THE SOFTWARE AND SERVICES ARE PROVIDED without breaching our Warranties under “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREWarranties”, WHETHER EXPRESS(ii) obtain a license for your continued use of the Services in accordance with this Agreement, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESor (iii) terminate your user subscriptions for such Services upon 90 days’ written notice and refund to you any prepaid fees covering the remainder of the term of such user subscriptions after the effective date of termination.

Warranties. Each Party SPC represents and warrants that Qwest shall receive title to the other Party personal property that it has comprises the full right, power, Conduit System free and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights clear of any third partyall encumbrances, including Intellectual Property Rights and other rights to privacyany mechanics or material liens, except as may be specifically provided in Section 6.14(c). In addition, PickNik SPC warrants to Company that all construction of the Services will be Conduit System shall have been performed in a professional manner consistent with telecommunication industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, the Specifications. All warranties made under this Section 6.04 shall be true and correct as of the Acceptance Date and shall survive expiration or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach termination of this warrantyAgreement for a URRS Agreement Page 180 Dated: September 9, re-perform 0000 Xxxxxxxx M period of one (1) year from the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailAcceptance Date. EXCEPT AS SET FORTH IN THIS SECTION 6.04, SPC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDUIT SYSTEM, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, AGREEMENT CONSTITUTE THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL ONLY WARRANTIES RELATED MADE BY SPC TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, QWEST WITH RESPECT TO THIS AGREEMENTAGREEMENT AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEWRITTEN OR ORAL, WARRANTY OF MERCHANTABILITYSTATUTORY, WARRANTY OF NONEXPRESS OR IMPLIED. If Qwest discovers any defect in the Conduit System within one (1) year of the Acceptance Date, Qwest shall notify SPC in writing of the same and SPC shall, within thirty (30) days of receiving such notice, correct or cause to be corrected any defect at SPC's cost and expense. If the defect is of a nature that will cause immediate damage or harm to the Conduit System, Qwest shall notify SPC of the same and SPC shall use reasonable commercial efforts to have any defect repaired within forty-INFRINGEMENTeight (48) hours of receiving such notice or, WARRANTY OF TITLEif SPC cannot have the defect repaired within forty-eight (48) hours of receiving notice, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEQwest may repair the defect at SPC's cost. IN ADDITIONAdditionally, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTSPC agrees to pass on and assign to Qwest any warranty it may have received from the manufacturer or supplier, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESto the extent that such warranty is assignable.

Warranties. Each Party represents 10.1 Abbott warrants that (i) Bulk Drug Substance delivered to Magainin pursuant to this Agreement shall conform with the Bulk Drug Specifications and warrants shall be in compliance with applicable laws and regulations, (ii) Bulk Drug Substance is and * THE CONFIDENTIAL MATERIAL 16 CONTAINED HEREIN HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION shall be manufactured in accordance with cGMP and all applicable federal rules and regulations, (iii) Bulk Drug Substance shall be free from defects in materials and workmanship and shall not be adulterated or misbranded within the meaning of the U.S. Federal Food, Drug and Cosmetic Act, and is not an article which may not, under the Act, be introduced into interstate commerce, (iv) to the other Party that it has the full rightbest of Xxxxxx'x knowledge, powerany Confidential Information provided by Abbott does not, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide for the term hereof, infringe any Company Data that infringes, misappropriates, patent or otherwise violates the rights other proprietary right of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, (v) it owns or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion controls all of the Services that did not fulfill such warrantyrights, title and interest in and to all Confidential Information provided that Company shall notify PickNik in writing of by Abbott to Magainin under this Agreement and the breach within 30 days following performance of the defective ServicesPurchase Orders. ABBOTT MAKES NO OTHER WARRANTIES, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTBULK DRUG SUBSTANCE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY PURPOSE ARE HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESDISCLAIMED BY ABBOTT.

Warranties. Each Party represents and Ricoh warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed performed: (a) in a professional manner consistent with industry standards good and workmanlike manner; (b) using reasonable care and skill; and (c) according to the description contained in the applicable Order Form. Ricoh will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the any Services which gave rise not in compliance with this warranty and brought to the breach, or, at PickNikRicoh’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik attention in writing of the breach within 30 a reasonable time, but in no event more than thirty (30) days following after such Services are performed. Customer acknowledges that Ricoh’s performance of Services is dependent upon Customer’s timely and effective performance of its responsibilities set forth in the defective Services, specifying the breach in reasonable detailOrder Form. EXCEPT FOR THE EXPRESS WARRANTIES AS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN THIS AGREEMENTAN ORDER FORM, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL RICOH MAKES NO WARRANTIES RELATED TO THE SERVICES OF ANY KIND, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES, EQUIPMENT OR GOODS PROVIDED UNDER THIS AGREEMENT, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING BETWEEN THE PARTIES, WARRANTY COURSE OF MERCHANTABILITYPERFORMANCE, WARRANTY TRADE USAGE OR INDUSTRY CUSTOM. IN NO EVENT SHALL RICOH BE LIABLE TO CUSTOMER OR A THIRD PARTY FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF NONSOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DELAY OF DELIVERY OF SERVICES UNDER THIS AGREEMENT. RICOH ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ANTI-INFRINGEMENT, WARRANTY OF TITLEVIRUS OR SIMILAR SOFTWARE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND SCOPE OF SERVICES CONTEMPLATED HEREBY DOES NOT WARRANT THAT THE SOFTWAREINCLUDE ANY SUCH SERVICES. Intellectual Property Rights. Intellectual property rights, BACKGROUND TECHNOLOGYincluding the design, OPEN SOURCE SOFTWAREdevelopment and delivery of all inventions, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREbusiness methods, BACKGROUND TECHNOLOGYprocesses, OPEN SOURCE SOFTWAREconcepts, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSdrawings, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1designs, blueprints, photographs, sketches, works of authorship, reports, plans, software (in source and object code format), documentation, databases, data, information and other materials (whether intangible or tangible), prepared or created by Ricoh in the course of the performance of the Services shall, upon creation, become the property of Ricoh (“Ricoh Property”) and Ricoh shall retain all ownership rights in the Ricoh Property; provided, however, that Ricoh Property shall not include, and Ricoh shall not acquire ownership of data, materials or content provided by Customer. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESNothing contained in any Order Form shall be construed to transfer, SOFTWAREconvey, BACKGROUND TECHNOLOGYrestrict, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESimpair or deprive Ricoh of any of its ownership or proprietary interest or rights in technology, information or products that existed prior to the provision of deliverables under the Order Form or that may be independently developed by Ricoh outside the scope of the Order Form. Customer shall not use any Products or Services provided by Ricoh for any unlawful purpose. Subject to payment of all relevant fees and charges, Ricoh hereby grants Customer a worldwide, perpetual, nonexclusive, non-transferable, royalty-free (other than payments identified in the applicable Order Form or other transaction documents) license solely for its internal business purposes, and may use, display, and distribute (within Customer’s organization only) the Ricoh Property, except as otherwise limited hereunder or under the Order Form. For purposes of clarity, any Order Form and the foregoing license relates to the Services only, and software programs (whether on-site or hosted) shall not be deemed to be deliverables or “Services.” All licensing of Ricoh and/or third-party software shall be as provided in Section 5 hereunder.

Warranties. Each Party represents Intralinks warrants the Services shall be provided in a manner that (a) meets or exceeds prevailing industry standards; and (b) is designed for the secure maintenance and distribution of End User Files. Intralinks warrants that (x) the Services do not contain any third-party computer code designed to disrupt, disable or harm in any manner the other Party that it has operation of the full rightServices (e.g., power“viruses” or “worms”), and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that (y) the Services will be performed at a level that meets or exceeds the Operational Time guarantees specified in a professional manner consistent with industry standards Section 12 hereof. Intralinks further warrants, the Services do not and will not purposefully include infringe any code that contains any virusthird-party intellectual property rights. OTHER THAN THE FOREGOING AND SECTION 12 BELOW, timeTHE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. INTRALINKS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR DOES INTRALINKS WARRANT THE COMPATIBILITY OR OPERATION OF THE SERVICES WITH ALL HARDWARE AND SOFTWARE CONFIGURATIONS. WITHOUT LIMITING THE FOREGOING, CLIENT ACKNOWLEDGES THAT FEATURES OF THE INTRALINKS SERVICE DESIGNED TO RESTRICT ACCESS TO OR USE OF END USER FILES CANNOT PREVENT MANUAL COPYING OF DISPLAYED INFORMATION AND MAY NOT PREVENT ELECTRONIC OR DIGITAL CAPTURE OF DOCUMENT CONTENTS BY END USERS USING THIRD-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailPARTY SOFTWARE DESIGNED TO CIRCUMVENT SUCH SYSTEM FEATURES. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENTSECTION 8, THE SOFTWARE INTRALINKS MAKES AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED CLIENT RECEIVES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING OR RELATING TO THE SERVICES OR SOFTWARESUBJECT MATTER HEREOF. INTRALINKS DISCLAIMS, WHETHER EXPRESSTO THE FULLEST EXTENT PERMITTED BY LAW, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY CLIENT HEREBY ACKNOWLEDGES THAT THE SERVICESIT HAS NOT RELIED ON ANY WARRANTY, SOFTWARECONDITION, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESGUARANTY OR REPRESENTATION BY INTRALINKS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT.

Warranties. Each Party represents Tester warrants that the Feedback and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will Data do not provide infringe any Company Data that infringes, misappropriates, copyright or otherwise violates the rights trade secret of any third party, and that Tester has no knowledge of, and has not been put on notice of, any patent of any third party that may be infringed by the Feedback and Data (including Intellectual Property Rights and other rights any implementation thereof recommended by Tester). Tester warrants that Tester’s Feedback is not subject to privacyany license terms that would purport to require SDS/2 to comply with any additional obligations with respect to any SDS/2 pre-release products that incorporate any Feedback. In additionTester warrants that it is not a competitor of SDS/2. THE PRE-RELEASE PRODUCTS, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any CONFIDENTIAL INFORMATION AND ANY HARDWARE AND OTHER MATERIALS FURNISHED HEREUNDER ARE FURNISHED ON AN “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-AS IS” BASIS, AND EACH PARTY HEREBY DISCLAIMS SDS/2 AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATED TO THE SERVICES WARRANTIES, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYINCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF MERCHANTABILITY, WARRANTY DEALING OR USAGE OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREETRADE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND SDS/2 SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, PRE-RELEASE PRODUCTS OR SERVICES OTHER MATERIALS PROVIDED BY SDS/2 WILL MEET TESTER'S REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY TESTER; THAT THE OPERATION OR ANY TECHNOLOGIES RESULTING FROM OUTPUT OF THE SAME PRE-RELEASE PRODUCTS WILL BE FREE FROM SECURITY VULNERABILITIES ERROR-FRE, ACCURATE, RELIABLE, COMPLETE OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE UNINTERRUPTED; OR THAT ALL ERRORS OR DEFECTS IN THE PRE-RELEASE PRODUCTS WILL BE CORRECTED. NEITHER SDS/2 NOR ITS SUPPLIERS SHALL BE LIABLE FOR COMPANYANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO TESTER’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR INABILITY TO USE OF THE SOFTWAREPRE-RELEASE PRODUCTS, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, HARDWARE OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1OTHER MATERIALS. COMPANY HEREBY TESTER EXPRESSLY ACKNOWLEDGES THAT THE SERVICESPRE-RELEASE PRODUCTS HAVE NOT BEEN FULLY TESTED AND MAY CONTAIN DEFECTS OR DEFICIENCIES WHICH MAY NOT OR WILL NOT BE CORRECTED BY SDS/2, SOFTWARETHAT THE PRE-RELEASE PRODUCTS MAY UNDERGO SIGNIFICANT CHANGES PRIOR TO RELEASE OF THE CORRESPONDING GENERALLY AVAILABLE FINAL VERSION AND THAT THE GENERALLY AVAILABLE FINAL VERSION MAY NOT CONTAIN CERTAIN FEATURES OR FUNCTIONALITY THAT ARE CONTAINED IN THE VERSION OF THE PRE-RELEASE PRODUCTS LICENSED TO TESTER. NOTWITHSTANDING THE FOREGOING, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE SDS/2 SHALL HAVE NO OBLIGATION TO RELEASE ANY PRODUCT OR MAKE AVAILABLE ANY SERVICE BASED ON THE PRE- RELEASE PRODUCTS OR CONFIDENTIAL INFORMATION PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESHEREUNDER.

Warranties. Each Party represents and CatchOn warrants to that the other Party CatchOn Services will perform substantially in accordance with its Documentation, provided that it has the full right, power, and authority to enter into CatchOn SaaS Service is used in accordance with the terms of this Agreement. If the CatchOn SaaS Service is non-compliant and if the Customer notifies such non-compliance to CatchOn, CatchOn shall endeavor to grant the rights and licenses granted hereunder, and to perform its obligations hereundercorrect such non-compliance. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and CompanyCustomer’s sole and exclusive remedy remedies for any breach of this warranty, rewarranty shall be to have CatchOn use commercially reasonable efforts to (i) correct the non- compliance at no additional charge for Customer; or (ii) terminate the applicable Order Form by giving written notice to CatchOn if CatchOn fails to correct the non-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach compliance within 30 days following performance of receipt of written notice. In such an event, Customer shall be entitled to a full refund on a pro-rata basis of the defective Servicessubscription fees prepaid by Customer and unused under such Order Form. CatchOn shall have no liability for any false information, specifying the breach misleading statements, misrepresentations or other inaccuracies in reasonable detailCustomer’s data. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTABOVE, THE SOFTWARE CATCHON AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL ITS LICENSORS MAKE NO EXPRESS OR IMPLIED WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OF ANY KIND WITH RESPECT TO THIS AGREEMENTTHE CATCHON SERVICES, INCLUDING OR ANY WARRANTY OTHER DOCUMENTATION, THIRD PARTY SOFTWARE OR OTHER PRODUCTS OR SERVICES (SUCH AS THIRD PARTY BROKERED SERVICES), AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF PURPOSE AND NON-INFRINGEMENT, WARRANTY OF TITLE, INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CATCHON AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM OPERATION OF THE SAME CATCHON SERVICE WILL BE UNINTERRUPTED, FULLY SECURED, VIRUS FREE, ERROR FREE FROM SECURITY VULNERABILITIES OR MALWARE FULLY ACCURATE OR THAT ALL DEFECTS CAN BE CORRECTED. IT IS ALSO SPECIFIED THAT THE INTERNET AND THIRD-PARTY HOSTING PROVIDERS AND TELECOMMUNICATIONS SYSTEMS ARE NOT FREE OF ERRORS AND THAT DISRUPTIONS, DELAYS AND BREAKDOWNS MAY OCCUR. CATCHON CANNOT GIVE ANY KIND WARRANTIES IN THIS REGARD AND PICKNIK IS MAY NOT RESPONSIBLE OR THEREFORE BE HELD LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR ANY DAMAGE CAUSED BY USE OF THE SOFTWAREINTERNET AND THIRD-PARTY HOSTING PROVIDERS AND TELECOMMUNICATIONS SYSTEMS. CATCHON MAKES NO WARRANTY WHATSOEVER, BACKGROUND TECHNOLOGYEXPRESS OR IMPLIED, OPEN SOURCE SOFTWAREWITH REGARD TO (I) ANY THIRD-PARTY SOFTWARE THAT IS NOT INCORPORATED INTO THE CATCHON SERVICE AS PER THE APPLICABLE ORDER FORM, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE WITH REGARD TO (II) HOSTING PROVIDER HOSTING SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents Seller warrants: The Contract is genuine and warrants to legally enforceable on its terms; no Buyer was a minor or incompetent when it was executed; all statements contained in the other Party that it Contract are true; Seller has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights no notice of any third party, including Intellectual Property Rights and other rights matters not disclosed to privacy. In addition, PickNik warrants to Company that PAC which might impair Buyers’ credit; Seller actually received the Services will be performed in a professional manner consistent with industry standards disclosed cash down payment; Seller has not made and will not purposefully include make any code that contains advancement to Buyers; Seller has no agreement with Buyers to separately finance or impose finance charges on or refinance any virus, timepick-bomb, trojan horse, up payment or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach to defer payment of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the a portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing down payment to a date later than the due date of the breach second installment; Seller has not made any oral or written warranties other than manufacturer’s warranty; the Contract and transactions from which it arose comply with applicable laws and regulations; Seller has performed all of its obligations to Buyers; no Buyer has or has asserted, any defense, set- off or counterclaim to Buyer's liability under the Contract; the Goods are as Seller represented them to Buyer; Seller had full authority to sell the Goods to Buyer free of any security interest or other encumbrance; the Goods have been delivered and accepted by Buyer within 30 10 days following performance of the defective ServicesContract date; and the security interest created by the Contract is the only security interest or encumbrance on the Goods; appropriate documents will be sent immediately to PAC so PAC may perfect a first security interest in the Collateral within 10 days of its delivery to Buyer; Seller has full authority to assign the Contract to PAC; Seller will take any steps PAC requests to perfect the security interest created by the Contract and to designate PAC as secured party of record; and PAC's interest in the Contract is not subordinate to any security interest or other encumbrance; Seller inspected the Goods for defects and there were no defects when Buyer(s) received the goods; Owner's Manual and manufacturer’s warranties were supplied to Buyer. PAC’s Authority. PAC may, specifying without notice and without impairing its right against Seller, in the breach name of Seller or otherwise, take all actions and legal proceedings it deems advisable with respect to the Contract or the Collateral, including without limitation, modifying, extending or compromising any terms, discharging or releasing any person liable or releasing any security. PAC has no duty to perfect any security interest in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESthe Goods or to enforce or preserve Seller’s under the Contract.

Warranties. Each Party represents and Access warrants to the other Party that it it: has the full right, power, and authority to enter into this Agreement, lawful right to grant the licenses provided in this Agreement; has not granted rights and or licenses granted hereunderin derogation of this Agreement; has not received any notice of a claim of infringement or misappropriation of any alleged rights asserted by any third party in relation to the Access Information, and the Access Technology or the Patent Rights; and, except as disclosed to perform its obligations hereunder. FurtherShaman, Company represents and warrants to PickNik that Company will Access is not provide aware, without having made any Company Data that infringesinvestigation whatsoever, misappropriates, of any patents or otherwise violates the other proprietary rights of any third partyparty which would materially affect the exercise of the license rights granted hereunder to Shaman. Access agrees that during the term of this Agreement (or any license granted hereunder), Access shall not enter into any other agreements that conflict with rights or obligations provided hereunder, including Intellectual Property Rights any rights and other rights to privacyobligations that survive termination hereof. In additionWARRANTY LIMITATION, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK ACCESS MAKES NO REPRESENTATIONS OR WARRANTIES THAT OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO (1) THE SOFTWARE WILL SCOPE OF VALIDITY OF ANY OF THE PATENT RIGHTS; (2) WHETHER THE PATENT RIGHTS OR TECHNOLOGY MAY BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES EXPLOITED BY SHAMAN OR ANY TECHNOLOGIES RESULTING FROM SUBLICENSEE WITHOUT INFRINGING THE SAME WILL RIGHTS (INCLUDING PATENT RIGHTS) OF OTHERS; OR (3) THE RESULTS TO BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR OBTAINED BY USE OF THE SOFTWAREPATENT RIGHTS, BACKGROUND TECHNOLOGYTHE ACCESS PRODUCTS. THE PATENT RIGHTS, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME ACCESS TECHNOLOGY AND ACCESS INFORMATION ARE DELIVERED "AS IS" IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESEVERY RESPECT.

Warranties. Each Party represents COUNTY and warrants CRVP warrant that, to the other Party that it has best of their current knowledge, there are no unrecorded encumbrances, including but not limited to liens, leases, easements, or licenses on all or any portion of the full right, powerEasements. COUNTY and CRVP are the only entities or individuals with any entitlement to receive the proceeds of the compensation being paid by DISTRICT under this CONTRACT, and authority that in the event any of COUNTY or CRVP tenants or subtenants make claims against said proceeds, including but not limited to enter into claims for any leasehold interests, said claims shall be settled between COUNTY, CRVP and their tenants and subtenants; and COUNTY and CRVP shall hold harmless, defend with counsel approved by DISTRICT, and indemnify DISTRICT from any such claims as set forth herein below. The execution and delivery of this AgreementCONTRACT by COUNTY and CRVP, to grant the rights and licenses granted their performance hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company the consummation of the transactions contemplated hereby will not provide constitute a violation of any Company Data that infringesorder or decree or result in the breach of any contract or agreement to which COUNTY and CRVP, misappropriatesor any of them, are parties or by which they, or any of them, are bound. To COUNTY’s and CRVP’s current knowledge, and without the need for due diligence, no litigation and no governmental, administrative, or regulatory act or proceeding regarding the environmental, health, and safety aspects of the Easements is pending, proposed, or threatened. COUNTY and CRVP will not enter into any agreements or undertake any new obligations which will in any way burden, encumber, or otherwise violates affect their interests in the rights Easements without the prior written consent of DISTRICT, which DISTRICT may grant or withhold at its sole discretion. The Parties represent and warrant that they have not assigned or transferred or purported to assign or transfer to any third partyperson, including Intellectual Property Rights and other rights entity, firm or corporation who is not a signatory to privacythis CONTRACT, any of the Released Claims. In addition, PickNik warrants The Parties hereby represent to Company the others that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include no entity or individual holds any code that contains any virus, time-bomb, trojan horse, or other such malicious code lien on or any open source licensed under security interest in any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESReleased Claims.

Warranties. Each Party represents Manager warrants that: (i) it will provide the Facility Management Services in a timely and warrants workmanlike manner, in accordance with the professional standards currently applicable to the other Party that it subject matter, with due regard to ethical business practices and all legal requirements; (ii) Manager has the full right, power, and authority to enter into this Agreement, to grant provide the rights Facility Management Services without the consent of any other person and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company the Facility Management Services will not provide in any Company Data that infringesway constitute an infringement or other violation of any copyright, misappropriatespatent, trademark, trade secret or otherwise violates the other proprietary rights of any third party, including Intellectual Property Rights party and other rights that Manager has full right and authority to privacy. In addition, PickNik warrants deliver all Facility Management Services pursuant to Company that the Services will be performed in a professional manner consistent with industry standards terms and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach conditions of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services Agreement; and (iii) it has no obligations or duties that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailare inconsistent or incompatible with its obligations and duties under this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH PROVIDED IN THIS AGREEMENTAGREEMENT AND ANY EXHIBIT HERETO, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREMANAGER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, OR OTHERWISEINCLUDING, WITH RESPECT TO THIS AGREEMENTWITHOUT LIMITATION, INCLUDING ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The Facility Management Services will be provided on a non-exclusive basis and Manager may offer or provide similar services to third parties and Facility located in a radius of more than one hundred (100) miles from the location of the Facility even if competitive with Commission. In the event of an alleged breach of warranty which remains uncured for a period of ten (10) days following written notice thereof, Commission’s remedy is to terminate this Agreement in accordance with Article 7. THE MAXIMUM MONETARY LIABILITY OF MANAGER TO COMMISSION FOR A BREACH OF THIS WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT OTHERWISE UNDER THIS AGREEMENT SHALL BE THE SOFTWARE TOTAL FEES COMMISSION PAID FOR THE TWELVE (12) MONTHS PRIOR TO THE ALLEGED BREACH. NEITHER PARTY WILL BE ERROR-FREE. IN ADDITIONLIABLE TO THE OTHER FOR PUNITIVE, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING SPECIAL, CONSEQUENTIAL OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR EXTRAORDINARY DAMAGES UNDER ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCIRCUMSTANCES.

Warranties. Each Party represents and Seller warrants that its products shall conform to the product limited warranty as provided to Buyer by Seller in the product labeling or catalog. THIS WARRANTY IS EXCLUSIVE AND SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, NON-INFRINGEMENT, OR WARRANTY OF QUALITY, OTHER THAN THOSE EXPRESSLY SET FORTH IN THE PRODUCT LABELING, OR CATALOG, OR (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. BUYER UNDERSTANDS THAT NO EMPLOYEE, OFFICER, AGENT OR REPRESENTATIVE OF SELLER IS AUTHORIZED IN ANY WAY TO MAKE ANY STATEMENT TO THE CONTRARY WHICH SHALL BE BINDING ON SELLER OR TO ASSUME FOR SELLER ANY OTHER LIABILITY IN CONNECTION WITH SELLER’S PRODUCTS. Seller’s warranties made in connection with the sale deriving herefrom or related hereto shall be effective only on the conditions set forth from time to time in such warranty; for example and without limiting any other Party exclusion that it has the full rightmay be set forth from time to time in such warranty, powersuch warranty shall not apply to, and authority to enter into this AgreementSeller shall not be responsible for, any loss or damages arising in connection with the purchase or use of any product (i) which has been repaired by anyone other than an authorized Seller service representative, or (ii) which has been repaired or serviced using materials or parts provided, modified or designed by anyone other than Seller or its authorized representatives, or (iii) which has been, altered in any way so as, in Seller’s judgment, to grant the rights and licenses granted hereunder, and to perform affect its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesstability or reliability, or otherwise violates the rights of any third partywhich has been subject to misuse, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horsenegligence or accident, or other such malicious code (iv) which has been subject to improper or any open source licensed under any “copy-left” type provisions without Companynegligent installation or storage, or (v) which has been subject to improper cleaning, sterilization or maintenance, or (vi) which has been subject to accidental damage arising from acts of God, electrical power damage, equipment malfunction, unusual stress, unreasonable operating procedures or abnormal or extreme operating conditions, or (vii) which has been used otherwise than in accordance with the instructions furnished by Seller. Seller’s approval. PickNik shall, as its sole and exclusive obligation and CompanyXxxxx’s sole and exclusive remedy for any breach with respect to products proved to Seller’s satisfaction to be defective or nonconforming shall be replacement of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, such products without charge or refund the fees paid by Company for the portion of the Services that did not fulfill purchase price, in Seller’s sole discretion, upon the return of such warrantyproducts in accordance with Seller’s instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective ServicesEXEMPLARY, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTINDIRECT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES CONSEQUENTIAL, PUNITIVE OR SOFTWARESPECIAL DAMAGES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE RESULTING FROM ANY USE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE FAILURE OR USE ACQUISITION OF THE SOFTWAREPRODUCTS, BACKGROUND TECHNOLOGY(EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) INCUDING WITHOUT LIMITATION, OPEN SOURCE SOFTWARELIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR SERVICES FOR ANY LABOR OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSOTHER EXPENSE, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER’S GROSS NEGLIGENCE. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESClaims must be brought within 1 year of shipment, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESregardless of their nature.

Warranties. Each Party party represents and warrants to the other Party party that to its actual knowledge at the Effective Date it has the has: full right, power, power and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunderunder this Agreement; taken all necessary actions and obtained all authorisations, licences, consents and approvals, to allow it to enter into this Agreement. Further, Company represents and warrants to PickNik that Company will UNSW does not provide any Company Data that infringes, misappropriates, warranties (express or otherwise violates implied) regarding the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, accuracy or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion reliability of the Services Confidential Information and the Recipient acknowledges UNSW excludes all liability for loss or damage that did not fulfill such warrantymay be suffered or incurred by the Recipient because of using or relying on the Confidential Information. Dispute resolution This clause 8 applies to any Dispute which arises between the parties in connection with this Agreement. Each party must follow the dispute resolution process in this clause before it commences litigation or takes similar action, provided except to seek an urgent injunction or declaration. If a party considers that Company shall notify PickNik a Dispute has arisen (Initiating Party), it must give notice in writing of the breach within 30 days following performance Dispute to the other party (Receiving Party), setting out reasonable particulars of the defective Servicesmatters in dispute (Dispute Notice). Within twenty (20) Business Days of the service of the Dispute Notice by the Initiating Party on the Receiving Party, specifying in the breach case of UNSW, the relevant Deputy Vice-Chancellor (or equivalent) or their delegate and in reasonable detailthe case of the Recipient, its Chief Executive Officer, or their delegates who have appropriate authority to resolve the Dispute will meet (in person or by telephone or video conference) and attempt to resolve the Dispute in good faith. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTO ption – Dispute to be resolved through mediation If the Dispute is not resolved within twenty (20) Business Days after the Dispute is referred to Senior Representatives, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEthe parties will endeavour to settle the Dispute by mediation administered by the Australian Disputes Centre (ADC) before having recourse to litigation. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1Where a Dispute is referred to mediation under clause 8.4 above: the mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines). COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESthe terms of the Guidelines are hereby deemed incorporated into this Agreement. this clause 8 shall survive termination of this Agreement.

Warranties. Each Party represents The Debtor warrants the following: it has or will acquire free and warrants clear title to all of the Collateral, unless otherwise provided herein; the security interest granted to the Lender shall be a first security interest, and the Debtor will defend same to the Lender against the claims and demands of all persons; the Debtor will fully cooperate in placing or maintaining Lender's lien or security interest; the Debtor agrees not to allow or permit any lien, security interest, adverse claim, charge, or encumbrance of any kind against the collateral or any part thereof, without the Lender's prior written consent; all of the Collateral is located in the state of the Debtor's address specified on page one hereof, unless otherwise certified to and agreed to by the Lender, or, alternatively, is in possession of the Lender; the Debtor will not remove or change the location of any Collateral without the Lender's prior written consent; the Debtor will use the Collateral only in the conduct of its own business, in a careful and proper manner; the Debtor will not use the Collateral or permit it to be used for any unlawful purpose; except as otherwise provided in this Agreement with respect to Inventory, Debtor will not, without the Lender's prior written consent, sell, assign, transfer, lease, charter, encumber, hypothecate, or dispose of the Collateral, or any part thereof, or any interest therein, nor will Debtor offer to sell, assign, transfer, lease, charter, encumber, hypothecate, or dispose of the Collateral, or any part thereof, or any interest therein; the Debtor will not conduct business under any name other Party than that given on page one hereof, nor change, nor reorganize the type of business entity as described, except upon the prior written approval of the Lender, in which event the Debtor agrees to execute any documentation of whatsoever character or nature demanded by the Lender for filing or recording, at the Debtor's expense, before such change occurs; the information regarding Debtor's state of organization or formation as set forth on page 1 hereof is correct, and Debtor further warrants that Debtor will not change Debtor's state of organization or formation without Lender's prior written consent and will assist Lender with any changes to any documents, filings, or other records resulting or required therefrom; the Debtor will keep all records of account, documents, evidence of title, and all other documentation regarding its business and the Collateral at the address specified on page 1 hereof, unless notice thereof is given to the Lender at least ten (10) days prior to the change of any address for the keeping of such records; the Debtor will, at all times, maintain the Collateral in good condition and repair and will not sell or remove same except as to inventory in the ordinary course of business; the Debtor is a legally created business entity, as described before, and it has the full right, power, and authority the person signing is duly authorized, to enter into this Agreement, to grant ; the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company execution of this Agreement will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for create any breach of this warrantyany provision of the Debtor's organizational documents (Articles of Incorporation and By-Laws if the Debtor is a corporation, re-perform Articles of Organization and Operating Agreement if the Services Debtor is a limited liability company, or Certificate of Limited Partnership (if applicable) or Partnership Agreement if the Debtor is a partnership), or any other agreement to which gave rise the Debtor is or may become a party; all financial information and statements delivered by the Debtor to the breach, or, at PickNik’s option, refund Lender to obtain loans and extensions of credit are true and correct and are prepared in accordance with generally accepted accounting principles; there has been no material adverse change in the fees paid by Company for the portion financial condition of the Services that did not fulfill such warrantyDebtor since it last submitted any financial information to the Lender; there are no actions or proceedings, provided that Company shall notify PickNik including set-off or counterclaim, which are threatened or pending against the Debtor which may result in writing any material adverse change in the Debtor's financial condition or which might materially affect any of the breach within 30 days following performance of Debtor's assets; and the defective ServicesDebtor has duly filed all federal, specifying state, municipal, and other governmental tax returns, and has obtained all licenses, permits, and the breach like which the Debtor is required by law to file or obtain, and all such taxes and fees for such licenses and permits required to be paid, have been paid in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESfull.

Warranties. Each Party represents and warrants A King Cycle warranty statement will be included, whenever feasible, with each Product shipped by King Cycle. At the time of sale by Dealer, Dealer shall make available to the other Party that it has End User a copy of the full right, power, applicable King Cycle warranty statement for the Products. King Cycle’s sole warranty and authority representation with respect to enter into this Agreement, to grant any Products shall be set forth in the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacywarranty card included with such Product. In additionthe event any Products are not as warranted on the warranty card as determined by King Cycle upon inspection of such Products, PickNik warrants then King Cycle's sole obligation shall be to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virusrepair or replace, time-bombat its option, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shalldefective Products, as its sole obligation more particularly set forth in such warranty cards. No warranty shall apply to Products damaged as a result of misuse or improper installation. In no event and Company’s sole and exclusive remedy under no circumstances shall King Cycle be liable to the Dealer, End User or to any other individual or entity for any breach of this warrantyindirect, re-perform the Services which gave rise to the breachspecial, orconse- quential or incidental losses or damages including, at PickNik’s optionwithout limitation, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detaillost profits. EXCEPT FOR THE EXPRESS WARRANTIES AS EXPRESSLY SET FORTH OR REFERRED TO IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL KING CYCLE MAKES NO WARRANTIES RELATED TO THE SERVICES OR SOFTWAREOF ANY KIND, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Except as expressly set forth on the warranty card for such Product, WARRANTY OF MERCHANTABILITYDealer is not authorized to make any warranty commitment or representations regarding any Product, WARRANTY OF NON-INFRINGEMENTor assume or create any other obligations, WARRANTY OF TITLEwhether written or oral, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEon King Cycle's behalf. IN ADDITIONKing Cycle may offer Products to Dealer for which warranty service is provided by King Cycle, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTor a King Cycle selected third party, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWAREor for which warranty service may be provided by both King Cycle and a King Cycle selected third party. In these instances, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1Dealer will be notified by King Cycle how to respond to a request for warranty services if King Cycle believes additional instructions are needed. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESDealer shall promptly report to King Cycle all suspected defects and safety problems and document such reports to King Cycle. King Cycle shall not pay for the shipment of defective products for warranty service to or from King Cycle or its service provider.

Warranties. Each Party represents (a) You warrant each System sold in accordance with this Agreement to be free from defects in materials and warrants workmanship for a period of twelve (12) months from the date of its first use by the end user. You make such warranty to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, us and to perform its obligations hereundereach System end user. FurtherYou agree to provide warranty service directly to all System end users, Company represents and warrants at your sole expense. We acknowledge that the only warranty given by you is a warranty to PickNik that Company will not provide repair or replace any Company Data that infringes, misappropriatesSystem determined to be defective, or otherwise violates determined by the rights of parties to have failed to meet existing, applicable manufacturers' warranties, specifications and/or standards for the System; provided, however, that if you are unable to repair or replace any third partydefective System, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services you will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees purchase price paid by Company for the portion of the Services that did not fulfill such warrantySystem. THE REMEDY PROVIDED BY YOU AS TO REPAIR OR REPLACEMENT OF SYSTEMS OR REFUNDS THEREFOR SHALL BE OUR SOLE AND EXCLUSIVE REMEDY UNDER THIS SECTION, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective ServicesAND IT IS EXPRESSLY MADE IN SUBSTITUTION OF ANY AND ALL REMEDIES OTHERWISE AVAILABLE TO US, specifying the breach in reasonable detailINCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, UNLESS SUCH LIMITATION IS OTHERWISE PROHIBITED UNDER APPLICABLE LAW. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN PARAGRAPHS (b) AND (c) OF THIS AGREEMENTSECTION, THE SOFTWARE YOU HEREBY DISCLAIM ANY AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES OTHER WARRANTIES, EXPRESS OR IMPLIED, HOWSOEVER ARISING RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTSYSTEM, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENTOR OTHERWISE, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS SAVE TO THE EXTENT SUCH WARRANTIES ARE UNABLE TO BE EXCLUDED BY APPLICABLE LAW. YOU NEITHER ASSUME OR WARRANTIES THAT AUTHORIZE ANY PERSON TO ASSUME FOR YOU ANY OTHER ADDITIONAL LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESSYSTEM.

Warranties. Each Party represents CONTRACTOR warrants that the equipment (as opposed to any software) furnished by CONTRACTOR is free from defects in materials and warrants workmanship for a period of ninety (90) days from the date of completion of the installation by CONTRACTOR; provided, however, that if the equipment is not manufactured by CONTRACTOR and is covered under a manufacturer’s warranty for a shorter period, CONTRACTORS warranty will be limited to the other Party term of the manufacturer’s warranty (the “Warranty Period”). If during the Warranty Period, any part of the equipment does not function as warranted and provided, as a condition precedent, that it has the full rightCustomer notifies CONTRACTOR during the Warranty Period, powerCONTRACTOR will determine, and authority to enter into this Agreementat its sole discretion, to grant either i) repair the rights and licenses granted hereunder, and to perform its obligations hereunderequipment; or ii) replace it with a new or functionally operative part. Further, Company represents and CONTRACTOR warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services services will be performed in a professional good and workmanlike manner consistent with industry standards during the Warranty period. If services are not performed as warranted and CONTRACTOR is notified as a condition precedent, in writing by the Customer within the Warranty Period, CONTRACTOR will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breachnon-conforming services. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. All other warranties are expressly disclaimed and waived. THE CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THIS AGREEMENTANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSECONTRACTORS' NEGLIGENCE, WARRANTY OF MERCHANTABILITYIS REPAIR OR REPLACEMENT OR AS SPECIFIED ABOVE. CONTRACTORS’ warranties will be voided by misuse, WARRANTY OF NON-INFRINGEMENTaccident, WARRANTY OF TITLEdamage, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEabuse, alteration, modification, failure to maintain proper physical or operating environment, use of unauthorized parts or components, improper Customer maintenance or repair by Customer or third parties without the supervision of and prior written approval of CONTRACTOR, or if CONTRACTORS’ serial numbers or warranty date decals have been removed or altered. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESCustomer must promptly report any failure of the Equipment to CONTRACTOR in writing.

Warranties. Each Party represents and CPL warrants to that at the other Party that it has the full right, powertime of delivery, and authority to enter into this Agreementfor 30 days from the date of purchase by LICENSEE, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services PRODUCT will be performed in a professional manner consistent with industry standards true copies of CPL's standard version of the PRODUCT as most recently released by CPL and that at the time of delivery the PRODUCT will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation function substantially according to CPL's PRODUCT documentation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company published specification for the portion of PRODUCT and furthermore CPL shall use its best efforts to correct any errors in the Services that did not fulfill such warrantyPRODUCT and correct errors or omissions in the PRODUCT documentation at no additional cost to LICENSEE. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective ServicesFITNESS FOR PURPOSE AND ANY OTHER WARRANTIES WHETHER EXPRESSED IMPLIED OR STATUTORY AND CPL SHALL NOT BE LIABLE TO LICENSEE FOR LOSS OF PROFITS OR SPECIAL, specifying the breach in reasonable detailDIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF THE PRODUCT. EXCEPT FOR CPL'S COMBINED LIABILITY (IF ANY) TO LICENSEE SHALL BE LIMITED TO AND SHALL NOT EXCEED THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED MONIES PAID BY LICENSEE TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT CPL PURSUANT TO THIS AGREEMENT. Should the PRODUCT fail to operate as described above during the warranty period CPL may at its own sole discretion take such corrective action as it deems appropriate or it may terminate this Agreement by returning all monies received from LICENSEE hereunder after which LICENSEE shall not allow the PRODUCT to be used again and CPL shall have no further liability to LICENSEE. Except for an action for non-payment, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESindemnification or contribution no action arising out of this Agreement may be brought by either party more than two years after the original cause.

Warranties. Each Party SPC represents and warrants that Qwest shall receive title to the other Party personal property that it has comprises the full right, power, Conduit System free and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights clear of any third partyall encumbrances, including Intellectual Property Rights and other rights to privacyany mechanics or material liens, except as may be specifically provided in Section 6.14(c). In addition, PickNik SPC warrants to Company that all construction of the Services will be Conduit System shall have been performed in a professional manner consistent with telecommunication industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, the Specifications. All warranties made under this Section 6.04 shall be true and correct as of the Acceptance Date and shall survive expiration or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach termination of this warranty, re-perform Agreement for a period of one (1) year from the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailAcceptance Date. EXCEPT AS SET FORTH IN THIS SECTION 6.04, SPC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDUIT SYSTEM, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, AGREEMENT CONSTITUTE THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL ONLY WARRANTIES RELATED MADE BY SPC TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, QWEST WITH RESPECT TO THIS AGREEMENTAGREEMENT AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEWRITTEN OR ORAL, WARRANTY OF MERCHANTABILITYSTATUTORY, WARRANTY OF NONEXPRESS OR IMPLIED. If Qwest discovers any defect in the Conduit System within one (1) year of the Acceptance Date, Qwest shall notify SPC in writing of the same and SPC shall, within thirty (30) days of receiving such notice, correct or cause to be corrected any defect at SPC's cost and expense. If the defect is of a nature that will cause immediate damage or harm to the Conduit System, Qwest shall notify SPC of the same and SPC shall use reasonable commercial efforts to have any defect repaired within forty-INFRINGEMENTeight (48) hours of receiving such notice or, WARRANTY OF TITLEif SPC cannot have the defect repaired within forty-eight (48) hours of receiving notice, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEQwest may repair the defect at SPC's cost. IN ADDITIONAdditionally, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTSPC agrees to pass on and assign to Qwest any warranty it may have received from the manufacturer or supplier, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESto the extent that such warranty is assignable.

Warranties. Each Party represents and warrants to the other Party that it has the full rightLESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT AND HAS NOT INSPECTED THE EQUIPMENT PRIOR TO DELIVERY TO AND ACCEPTANCE BY LESSEE. LESSOR HAS NOT MADE AND DOES NOT MAKE, powerBY VIRTUE OF HAVING LEASED THE EQUIPMENT UNDER THIS LEASE OR BY VIRTUE OF ANY NEGOTIATIONS IN RESPECT OF THIS LEASE, and authority to enter into this AgreementANY REPRESENTATION OR WARRANTY, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYAS TO TITLE, CONDITION, COMPLIANCE WITH SPECIFICATIONS OR OTHERWISEREGULATIONS, QUALITY, VALUE, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR USE OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENTTHE EQUIPMENT. THE EQUIPMENT IS LEASED HEREUNDER BY LESSOR "AS-IS". Lessor hereby covenants that, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEconditioned upon Lessee performing all of the terms, WARRANTY OF MERCHANTABILITYcovenants and conditions hereof, WARRANTY OF NON-INFRINGEMENTLessor, WARRANTY OF TITLEits successors and assigns, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEwill not disturb Lessee's quiet possession and use of the Equipment during the Term of this Lease. IN ADDITIONSo long as no Event of Default (as hereafter defined) has occurred and is continuing, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTLessor hereby authorizes Lessee during the Term of this Lease to assert for Lessor's account all of its right, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWAREtitle and interest in, BACKGROUND TECHNOLOGYunder and to any warranty in respect of the Equipment issued by the manufacturer thereof, OPEN SOURCE SOFTWAREand agrees to execute and deliver such further instruments as may be reasonably necessary to enable Lessee to enforce such warranty. All claims or actions on any warranty shall be made or prosecuted by Lessee, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREat its sole cost and expense, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1and Lessor shall have no obligation whatsoever to make any claim on such warranty. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESThe parties agree that this Lease is intended to qualify as a "finance lease" under Article 2A of the Uniform Commercial Code. Lessee acknowledges that prior to execution of any IER Lessor has informed Lessee in writing that Lessee may have rights under the purchase contract(s) under which Lessor acquired the Equipment and that Lessee should contact the supplier(s) for a description of any such rights.

Warranties. Each Party represents TAL expressly disclaims all warranties, express or implied with respect to the Product and warrants related materials, or their quality of performance including warranties of merchantability and fitness for a particular purpose. TAL makes no representation concerning the likelihood of profitable trading using the Product. The Product is licensed "as is" and "with all faults". HTI shall not extend any warranties for or on behalf of TAL and shall make no representation or warranty regarding the Product or the likelihood of profitable trading based on the Product. In no event shall TAL incur any liability to HTI or any customer of HTI arising out of any contract or arrangement between HTI and any of its customers unless TAL shall expressly and in writing agree to the contrary. ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE ARE HEREBY DISCLAIMED IN THEIR ENTIRETY. TAL DOES NOT ASSUME, NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN, MANUFACTURE, LICENSING, INSTALLATION, OR USE OF ANY OF ITS PRODUCTS. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE LICENSING, DESIGN, MANUFACTURE, INSTALLATION OR USE OF ANY PRODUCTS, WHETHER DUE TO NEGLIGENCE OR ANY OTHER CAUSE. If any Product is defective in a material manner, then TAL's liability, if any, under this Agreement, shall in all events be limited to repair or replacement at TAL's sole option, and such repair or replacement shall be HTI's sole and exclusive remedy; provided, however, that if any such defective Product cannot in TAL's sole opinion be repaired or replaced, then TAL's liability shall be limited to the return of the last month's license payment thereof paid in connection with or for such defective Product. Either party shall have the option to terminate this Agreement upon notice to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunderparty delivered within fifteen (15) days after such payment. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, Any unauthorized modification or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise improvement to the breach, or, at PickNik’s option, refund Product which affects the fees paid by Company for the portion of the Services that did not fulfill such Product as delivered to HTI will void TAL's then-current warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party The Recipient represents and warrants that: it has the legal right and power to enter into, perform and observe its obligations under this Agreement; the execution, delivery and performance of this Agreement has been duly and validly authorised by the Recipient; the statements and information in its Application are accurate and complete; any statement or information given or made to ARENA by the Recipient from time to time under this Agreement (including information or statements contained in any Report) is true and correct (except where the information is provided to the Recipient by another person in which case the Recipient represents and warrants to the other Party ARENA that it has made reasonable endeavours to verify the full rightaccuracy of the information); it and its subcontractors and Personnel, powerincluding its Specified Personnel, have the necessary experience, skill, knowledge, expertise and competence to undertake the Project and (where appropriate) will hold such licences, permits or registrations as are required under any State, Territory or Commonwealth legislation to undertake the Project, and authority are fit and proper people; it has or will have access to enter into necessary Intellectual Property Rights to undertake the Project; it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the claim; it has, or will have, sufficient funds to complete the Project; all insurance policies required to be held by the Recipient under this Agreement: will remain in effect as provided for in this Agreement; and will not be varied by the Recipient without ARENA’s written consent; and if the Recipient is a trustee, to grant it enters this Agreement personally and in its capacity as trustee and has the rights and licenses granted hereunder, and power to perform its obligations hereunderunder this Agreement. FurtherPreconditions to commencing work [Note: This clause may be amended depending on the type of project and project timeframes.] Notwithstanding any other provision of this Agreement, Company represents and warrants the Recipient must not commence any work on the Project until it has provided to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates ARENA: certification in relation to the rights of any third party, including Intellectual Property Rights and other rights Risk Management Plan in accordance with clause 4.4(b); certification in relation to privacy. In addition, PickNik warrants to Company the Community Consultation Plan in accordance with clause 4.5(b); evidence that the Services will be performed Recipient has engaged in a professional manner consistent initial community consultation in accordance with industry standards clause 4.5(e); and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach notification of this warranty, re-perform responses by the Services which gave rise Recipient to adverse community reaction to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik Project in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESaccordance with clause 4.5(f).

Warranties. Each Party Warranty. The Company represents and warrants that: ● it will provide the Services in a professional manner consistent with general industry standards and that the SaaS Services will perform substantially in accordance with the documentation; ● neither the professional services nor the SaaS services shall infringe upon any U.S. Patent, copyright, or trade secret; ● company is the owner of or licensee of all rights necessary and appropriate to perform the Services and grant the rights hereunder to the Platform and other Party that it Deliverables; ● company has the full right, power, power and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that ; ● the Services will be performed in a professional timely, professional, and workmanlike manner consistent in accordance with industry standards and will not purposefully include with a degree of care, skill, and expertise as is required for the provision of services of a similar nature; ● ompany shall comply with all applicable laws and regulations including without limitation those applicable to data security and privacy in providing the Services and any code that contains agreements with any virusthird party as a result of performing its obligations under this Agreement. ● there are neither pending nor threatened, time-bombnor to the best of Company’s knowledge, trojan horsecontemplated, any suits, proceedings, actions, or other such malicious code claims which would materially affect or any open source licensed limit the rights granted to Customer under any “copy-left” type provisions without Company’s approvalthis Agreement. PickNik shall, as its sole obligation ● company shall make all Services available in accordance with the Service Levels in Exhibit B. ● company shall maintain a business continuity and Company’s sole and exclusive remedy disaster recovery plan for any breach Services and implement such plan in the event of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion any unplanned interruption of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR SOFTWAREUNINTERRUPTED OR THAT COMPANY WILL CORRECT ALL SERVICES ERRORS. THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, WHETHER EXPRESSINCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE COMPANY (EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING . NEITHER COMPANY NOR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS ITS LICENSORS OR WARRANTIES OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE SOFTWARE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING NOR SHALL THE COMPANY OR FINAL PRODUCTANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARETHEFT, OR SERVICES DESTRUCTION OF CUSTOMER’S OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANYUSER’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREDATA, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREFILES, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESPROGRAMS.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or Except as otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTherein, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-AS IS” AND EACH PARTY HEREBY DISCLAIMS ALL WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES RELATED OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL OPC MARKETING, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE, WHETHER EXPRESSEVEN IF OPC MARKETING, IMPLIEDINC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Computers, STATUTORYif purchased from OPC MARKETING, OR OTHERWISEINC., WITH RESPECT TO THIS AGREEMENTare warranted for one (1) year from date of purchase, provided there has been no abuse or misuse. OPC MARKETING, INC. warrants that its software and hardware will be free of any significant defect. OPC MARKETING, INC. will correct or replace defective materials. This warranty is not valid if a surge protector and/or a battery backup (uninterruptible power supply) are not used to protect the system. OPC MARKETING, INC. cannot be held responsible for any kind of physical damages, including lightning, to the hardware or software. Any contamination of the system by viruses will void this warranty. OPC MARKETING, INC. cannot be responsible if Subscriber makes changes, misuses, or tampers with the software or hardware after Subscriber receives them. Any installation of other software or changes by Subscriber may void the warranty; any tech support required because of virus contamination will be at Subscriber’s expense at the rate of $150 per hour. This warranty and the obligations and liabilities of OPC MARKETING, INC. are in lieu of, and Subscriber waives, all other warranties, guarantees, conditions, or liabilities, expressed or implied, arising by law or otherwise, INCLUDING ANY WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYand further including without limitation consequential damages, WARRANTY OF NON-INFRINGEMENTwhether or not caused by OPC MARKETING, WARRANTY OF TITLEINC.’s negligence. This warranty shall not be extended, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEaltered, or varied except by a written agreement signed by OPC MARKETING, INC. IN ADDITIONand Subscriber. Subscriber is responsible for the cost of shipping on any returned hardware. OPC MARKETING, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTINC. is not responsible for any failure of a DNC or wireless list provider to deliver its data accurately, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWAREcompletely, BACKGROUND TECHNOLOGYor in a timely way. OPC MARKETING, OPEN SOURCE SOFTWAREINC. is not responsible for damages resulting from improper or incomplete use by Subscriber of OPC MARKETING, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREINC.’s products and services. OPC MARKETING, BACKGROUND TECHNOLOGYINC. cannot be responsible if Subscriber makes changes, OPEN SOURCE SOFTWAREmisuses, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1or tampers with the software or hardware after Subscriber receives them. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESAny installation of other software or changes by Subscriber may void the warranty and Subscriber will be charged a $295 reconfiguration fee.

Warranties. Each Party represents and warrants to the other Party that it has the full rightMajorClarity represents, powerwarrants, and authority to enter into covenants that (i) its use of Subscriber Data during the Term of this Agreement, to grant the rights Agreement will comply with its posted Terms of Use and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that Privacy Policy; (ii) the Services will be performed operate in substantial accordance with the specifications set forth in the documentation related to the Services; and (iii) it will use reasonable efforts to resolve operational problems related to the Services. Except as set forth herein, MajorClarity makes no other warranties and all other warranties, either express or implied, are hereby disclaimed, including but not limited to warranties of merchantability and fitness for a professional manner consistent with industry standards and particular purpose. MajorClarity will not purposefully include be responsible for any code damages that contains any virusmay be suffered by Subscriber, timeincluding loss of data resulting from delays, non-bomb, trojan horsedeliveries, or other such malicious code service interruptions by any cause, or any open source licensed under any “copy-left” type provisions without Company’s approvaldue to errors or omissions of Subscriber. PickNik shall, as MajorClarity expressly limits its sole obligation and Company’s sole and exclusive remedy liability to Subscriber for any breach of this warranty, renon-perform the Services which gave rise accessibility time or other down time to the breach, or, at PickNik’s option, refund pro-rata daily charge during the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailsystem unavailability. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTHEREIN, THE SOFTWARE AND ALL SERVICES ARE PROVIDED “AS-"AS IS” AND EACH PARTY HEREBY ." MAJORCLARITY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES RELATED TO THE SERVICES OR SOFTWAREOF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITYTITLE, WARRANTY OF AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, MAJORCLARITY MAKES NO WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES ANY KIND THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES PRODUCTS OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE RESULTS OF THE USE THEREOF, WILL MEET SUBSCRIBER’S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARESYSTEM, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE OTHER SERVICES, SOFTWAREOR BE SECURE, BACKGROUND TECHNOLOGYACCURATE, AND OPEN SOURCE SOFTWARE COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED SOLELY "AS THEY RELATE GENERALLY TO ROBOTIC THEORIES IS" AND NOT FOR ANY SPECIFIC END USER PURPOSESREPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. Subscriber represents, warrants, and covenants that (i) it has the right and authority to enter into this Agreement and to use and disclose Subscriber Data; (ii) it has all necessary rights and permissions to grant access to the Services to its Authorized Users; (iii) it will obey all applicable laws, rules, and regulations in its use of the Services and Subscriber Data; (iv) Subscriber Data will not infringe upon any copyright, trademark, privacy right, right of publicity, or other proprietary right(s) of any third party; and Subscription Order Form and Subscription Services Agreement [Organization name (organization name)] (v) Subscriber Data will not contain any material that is unlawful, hateful, obscene, libelous, threatening, or defamatory. Subscriber acknowledges that MajorClarity has no obligation to monitor Subscriber Data. However, in the event that MajorClarity becomes aware that any Subscriber Data may or does violate the representations and warranties set forth herein, MajorClarity will have the right to remove such item(s) pending resolution.

Warranties. Each Party represents and Provider warrants that its products shall, at the time of delivery, conform to the other Party that it has the full rightdescription of such products as provided to you by Provider through Provider's product directory, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, analytical data or other such malicious code or any open source licensed under any “copythen-left” type provisions without Company’s approvalcurrent literature. PickNik shallTHIS WARRANTY IS EXCLUSIVE, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warrantyAND PROVIDER MAKES NO OTHER WARRANTY, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF OR NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD-PARTY PATENT OR INTELLECTUAL PROPERTY RIGHTS. Provider's warranties made in connection with this sale shall not be effective if Provider has determined, WARRANTY in its sole discretion, that you have misused the Products in any manner, have failed to use the Products in accordance with industry standards and practices, or have failed to use the Products in accordance with instructions, if any, furnished by Provider. PROVIDER'S SOLE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO PRODUCTS PROVED TO PROVIDER’S SATISFACTION TO BE DEFECTIVE OR NONCONFORMING SHALL BE REPLACEMENT OF TITLESUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE PURCHASE PRICE, AND PICKNIK MAKES NO REPRESENTATIONS IN PROVIDER'S SOLE DISCRETION, UPON THE RETURN OF SUCH PRODUCTS IN ACCORDANCE WITH PROVIDER'S INSTRUCTIONS. PROVIDER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE SPECIAL DAMAGES OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE RESULTING FROM ANY USE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE FAILURE OF THE SOFTWAREPRODUCTS, BACKGROUND TECHNOLOGYEVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, OPEN SOURCE SOFTWAREWITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, COST OF CAPITAL, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, ANY LIABILITY OF BUYER TO A THIRD PARTY, OR SERVICES FOR ANY LABOR OR ANY TECHNOLOGIES RESULTING OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY PROVIDER’S GROSS NEGLIGENCE. THE EXCLUSION OF SUCH DAMAGES AND/OR CLAIMS SHALL BE DEEMED INDEPENDENT OF, AND SHALL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ARISING FROM THE SAME PURCHASE AND/OR THESE TERMS AND CONDITIONS. PROVIDER’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO CASE EXCEED THE CONTRACT PRICE FOR THE SPECIFIC PRODUCTS THAT GIVE RISE TO THE BREACH. THESE EXCLUSIONS AND LIMITATIONS ON DAMAGES SHALL APPLY REGARDLESS OF HOW THE LOSS OR DAMAGE MAY BE CAUSED AND AGAINST ANY APPLICATIONSTHEORY OF LIABILITY, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF SHIPMENT, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESREGARDLESS OF THEIR NATURE.

Warranties. Each Noble warrants that, for thirty (30) days following Client acceptance of the Licensed Software furnished under this Agreement or the deliverables provided pursuant to a Work Order hereunder (the "Warranty Period"), the Licensed Software, exclusive of Third Party represents and warrants Materials, will substantially conform to the accepted level of performance as set forth in Section 5.2(a) ("Warranty"). To the extent that Client notifies Noble in writing during the applicable Warranty Period of any material non-conformity of the Licensed Software or deliverables with such acceptance level, and provides Noble with (a) Client's estimation of the severity of such non-conformity and (b) such printouts, typescripts, documentation and other details of such non-conformity as Noble shall request, Xxxxx'x sole obligations to use reasonable commercial measures to remedy or provide a work-around for such defect. In determining the timing of its response, Noble shall be entitled to take into account the severity of the defect. In the event that Noble determines that the Licensed Software is not defective in such respect, Client shall reimburse Noble for its services at Noble's then current consulting rate for such services. To the extent its agreement with a supplier of Third Party Materials permits, Noble shall pass through to Client any performance warranty relative to such Third Party Materials; provided, however, that Noble makes no additional or supplemental warranty with respect thereto. Noble warrants that it has has, and on the date of acceptance of the Licensed Software will have, the full right, power, right and authority to enter grant this license and that neither this license nor performance under this Agreement does or shall conflict with any other agreement or obligation to which Noble is a party or by which it is bound. Noble warrants that its technical and consulting services will be of a professional quality conforming to generally accepted industry standards and practices. During the thirty (30) day period following completion of any such services, Noble shall, upon receipt of written notice from Client describing a breach of the foregoing Warranty in such reasonable detail as is requested by Xxxxx, perform the services described in such written notice so as to conform to generally-accepted industry standards and practices. These warranties do not cover defects or nonperformance due to causes and products external to the Licensed Software, and are not valid with respect to such defects or nonperformance. If the Licensed Software is not in substantial compliance with the warranties contained in this Agreement at the end of the Warranty Period, Noble shall extend the Warranty Period until the Licensed Software is brought into such compliance. If any modification is made to the Licensed Software by Client without Noble's approval, this Warranty shall immediately be terminated with respect to such modified software. Correction for difficulties or defects traceable to Client's unauthorized modifications or unauthorized systems changes shall be billed to Client at Noble's standard time and material charges. Xxxxx makes no warranties with regard to Third Party Materials. Along with the transfer of title, Xxxxx agrees to transfer and assign to Client all of Noble's rights and interests in and with respect to all purchase agreements for Third Party Materials being supplied under this Agreement between Noble and other manufacturers and distributors, subject to any limitations set forth in such agreements relating to such transfers. Upon request by Client, all purchase agreements will be submitted to Client for prior approval. Xxxxx will execute any documents or instruments reasonably necessary to effect the transfer and assignment of Xxxxx'x rights and interests thereunder. Noble makes no representation as to the effectiveness, adequacy or enforceability of such transferred rights. Except as otherwise specifically provided by this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its Xxxxx'x sole obligation and Company’s sole and exclusive remedy liability for any breach of this warranty, re-perform the Services which gave rise damages relating to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.the

Warranties. Each Party represents and Seller warrants to the other Party that it has the full rightProducts, powerwhen used on CRT computer ---------- monitors for conductive anti-reflection purposes, and authority when properly laminated, installed and maintained, will substantially maintain the performance characteristics specified in Exhibit I for a period of one (1) year from the date of sale of the CRT by Buyer to enter into this AgreementBuyer's customer, to grant but in no event longer than one and one-half (1.5) years from date of delivery of the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacyProducts by Seller. In addition, PickNik Seller warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion against catastrophic failure of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing Products for a period of one and one-half (1.5) years from date of sale of the breach within 30 days following performance CRT by Buyer, but in no event longer than two (2) years from the date of delivery of the defective ServicesProducts by Seller. Excluded from this warranty is any failure, specifying in whole or in part, related to or caused by the breach lamination adhesive, lamination process as practiced by Buyer, PET substrate and/or the PET hardcoat. Also excluded from this warranty is any nonconforming condition or deterioration which is the result, in reasonable detailwhole or in part, of unusual abrasion and/or scratching, fire, accident, abuse, misuse, negligence, acts of God and the like. BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTIES SHALL BE REPLACEMENT OF OR (AT SELLER'S OPTION OR IF REPLACEMENT IS IMPRACTICAL) REFUND FOR THOSE PRODUCTS PROVIDED BUYER PROVIDES SELLER WITH FULL DOCUMENTATION AND PROOF OF WARRANTY BREACH WITHIN THE APPLICABLE WARRANTY PERIOD. BUYER SHALL DESTROY THE BREACHING PRODUCTS AND CERTIFY SUCH DESTRUCTION TO SELLER. EXCEPT FOR THE FOREGOING WARRANTIES, SELLER DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS OR PERFORMANCE OR NONINFRINGEMENT, DOES NOT MAKE ANY WARRANTY, EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTPRODUCTS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSESPECIFICATIONS, WARRANTY OF MERCHANTABILITYSUPPORT, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS SERVICE OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT ANYTHING ELSE AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, MAKE ANY WARRANTY TO BUYER'S CUSTOMERS OR SERVICES AGENTS. SELLER HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE WARRANTY OTHER THAN AS PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESABOVE.

Warranties. Each Party represents and NGAS warrants that all services shall be free from defects in workmanship for a period of thirty (30) days after delivery of items identified on the face hereof to the other Party that it has the full rightBuyer. If within 30 days of delivery NGAS receives notice from Buyer of defective workmanship with respect to a service, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without CompanyNGAS’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, shall be either to re-perform the Services which gave rise service or to the breach, or, at PickNik’s option, refund the fees amount paid by Company Xxxxx. NGAS shall have no other obligation or liability whatsoever with respect to any defective material(s) or service. Materials to be replaced or Items for which services are to be re-performed shall be shipped by Buyer to NGAS’s plant in Redondo Beach, California or to such location as NGAS may designate. Buyer will prepay freight and insurance of such shipment. Buyer shall provide returned items to NGAS in such a state that NGAS may inspect the item, immediately upon NGAS’s receipt thereof. NGAS will prepay all freight and insurance costs of the return shipment of the replaced or re-serviced items, as the case may be. Any item(s) re-serviced shall be warranted only for the portion remaining period of the Services that did not fulfill such warrantyoriginal warranty THIS AGREEMENT DOES NOT GRANT ANY OTHER WARRANTY OR GUARANTEE OR MAKE ANY REPRESENTATIONS, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EITHER EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYINCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A ANY PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, CONDUCT OR USAGE OF TRADE. THE RIGHTS AND REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS OR REMEDIES. THIS WARRANTY SHALL NOT BE VALID IF THE ITEMS THAT ARE THE SUBJECT MATTER OF MERCHANTABILITYTHIS AGREEMENT HAVE BEEN SUBJECTED TO ABUSE, WARRANTY OF NON-INFRINGEMENTMISUSE, WARRANTY OF TITLEACCIDENT, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITIONALTERATION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTNEGLECT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREUNAUTHORIZED REPAIR, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM EXPOSURE TO CONDITIONS BEYOND THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESAPPLICABLE ENVIRONMENT.

Warranties. Each Party represents HARBEC warrants all Items delivered hereunder to be free from defect in material or workmanship and warrants to conform strictly to the other Party that it has the full rightspecifications, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriatesdrawings, or otherwise violates sample specified or furnished by Customer in effect as of the rights date of this Quote. This warranty shall survive any third partyinspection, including Intellectual Property Rights and other rights to privacy. In additiondelivery, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horseacceptance of, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid payment by Company Buyer for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailproducts or materials or services. EXCEPT FOR THE EXPRESS WARRANTIES WARRANTY SET FORTH IN THIS AGREEMENTABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, HARBEC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THIS AGREEMENTTHE ITEMS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, ; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITIONCOURSE OF DEALING, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCTCOURSE OF PERFORMANCE, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREUSAGE OF TRADE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM OTHERWISE. HARBEC shall not be liable for a breach of the warranty set forth above unless: (i) Customer gives written notice of the defect, reasonably described, to HARBEC within 60 days of the time when Customer discovers or ought to have discovered the defect; (ii) HARBEC is given a reasonable opportunity after receiving the notice to examine such Items and Customer (if required to do so by HARBEC) returns such Items to HARBEC’s place of business at HARBEC’s cost for the examination to take place; and (iii) HARBEC reasonably verifies Customer’s claim that the Items are defective. HARBEC shall not be liable for a breach of the warranty set forth above if: (i) Customer makes any further use of such Items after giving such notice; (ii) the defect arises because Customer failed to follow HARBEC’s oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Items; or (iii) Customer alters or repairs such Items without the prior written consent of HARBEC. Subject to the exceptions above, with respect to any such Items during the Warranty Period, HARBEC shall, in its sole discretion, either (i) repair or replace such Items (or the defective part(s)) or (ii) credit or refund the Price of such Items at the pro-rata contract rate, provided that if HARBEC so requests, Customer shall, at HARBEC's expense, return such Items to HARBEC. THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY REMEDIES SET FORTH IN THIS SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT SHALL BE THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, CUSTOMER’S SOLE AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES EXCLUSIVE REMEDY AND NOT HARBEC’S ENTIRE LIABILITY FOR ANY SPECIFIC END USER PURPOSESBREACH OF THE LIMITED WARRANTY SET FORTH HEREIN.

Warranties. Each Party represents The Contractor represents, warrants and warrants covenants to the other Party Authority that (i) it has the full right, power, capacity and legal authority to enter into and fully perform all obligations required of the Contractor under this Agreement, to grant (ii) the rights and licenses granted hereunderexecution, delivery, and to perform its obligations hereunder. Further, Company represents performance of this Agreement has been duly authorized by the Contractor and warrants to PickNik that Company will does not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include violate or cause a breach of any code other agreement or obligation to which it is a party or by which it is bound, and (iii) no approval or other action by any third party is required in connection herewith. The Contractor warrants that contains any virusthe Goods/Services performed or provided under this Agreement will be provided consistent with the highest prevailing professional or industry standards. The Contractor warrants to the Authority and that materials and equipment furnished under the Contract will be of good quality and new unless this Agreement requires or permits otherwise and shall be suitable for the purposes intended. The Contractor further warrants that the Project will be suitable for its intended purpose. The Contractor further warrants that the Work will be done in a good and workmanlike manner, time-bombshall conform to the requirements of the Contract Documents, trojan horseshall be completed in a manner that will ensure all manufacturer’s warranties are maintained and preserved, and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalequipment not conforming to these requirements may be considered defective. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any As a result of the breach of this warranty, re-the Authority will be entitled to the expeditious cure of any deficiencies in a manner least disruptive to the operation of the Authority’s business. If the Contractor is unable to perform the Services which gave rise work necessary to cure the breachdeficiencies, or, at PickNik’s option, refund the Authority will be entitled to recover the fees paid to the Contractor and to recover any additional costs incurred by Company for the portion Authority specific to curing the deficiency in its providing of the Services that did not fulfill such warrantyGoods/Services. Nothing contained in this section, provided that Company shall notify PickNik in writing nor the Authority’s making of a warranty claim under this section, will be deemed to constitute an election of remedies by the Authority for a breach by the Contractor under this Agreement, nor will this section or the making of a claim under this section limit or otherwise impair the Authority’s ability to pursue any and all remedies available under this Agreement or under applicable law for a breach by the Contractor under this Agreement. The Contractor agrees to assign to the Authority at the time of final completion of the breach within 30 days following performance Work, any and all manufacturer’s, supplier’s and Contractor’s warranties relating to materials, equipment, and labor incorporated in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. Contractor’s delivery to the Authority of all warranty-guarantees required by this Agreement is a prerequisite to the defective Services, specifying Authority’s obligation to make the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESfinal payment.

Warranties. Each Party represents and warrants to the other Party We warrant that it has the full right, power, and authority to enter into during an applicable subscription term (a) this Agreement, to grant the rights Order Forms and licenses granted hereunderthe Documentation will accurately describe the applicable administrative, physical, and to perform its obligations hereunder. Furthertechnical safeguards for protection of the security, Company represents confidentiality and warrants to PickNik that Company integrity of Your Data, (b) We will not provide any Company Data that infringesmaterially decrease the overall security of the Services, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that (c) the Services will be performed perform materially in a professional manner consistent accordance with industry standards the applicable Documentation, and (d) subject to the “Integration with Non-SPECIFI Applications” section above, We will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalmaterially decrease the overall functionality of the Services. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for For any breach of this warrantya warranty above, re-perform Your exclusive remedies are those described in the Services which gave rise to the breach“Termination” and “Refund or Payment upon Termination” sections below. • EXCEPT AS EXPRESSLY PROVIDED HEREIN, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH NEITHER PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWAREMAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, STATUTORY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENTAND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF PURPOSE OR NON-INFRINGEMENT, WARRANTY OF TITLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR BETA SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY KIND WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT INDEMNIFICATION OBLIGATIONS FOR ANY SPECIFIC END USER PURPOSES.HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. Mutual Indemnification • Indemnification by Us. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that any Service infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a settlement approved by Us in writing of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Services so that they are no longer claimed to infringe or misappropriate, without breaching Our warranties under “SPECIFI® Warranties” above, (ii) obtain a license for Your continued use of that Service in accordance with this Agreement, or (iii) terminate Your subscriptions for that Service upon 30 days’ written notice and refund You any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Content, a Non-SPECIFI Application or Your use of the Services in violation of this Agreement, the Documentation or applicable Order Forms. • Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that any of Your Data infringes or misappropriates such third party’s intellectual property rights, or arising from Your use of the Services or Content in violation of the Agreement, the Documentation, Order Form or applicable law (each a “Claim Against Us”), and You will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a settlement approved by You in writing of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense. • Exclusive Remedy. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section 10. Limitation of liability

Warranties. Each Party represents and party warrants to the other Party that it has the full right, power, power and authority to enter into this Agreement, to grant Agreement and carry out the rights actions contemplated hereunder and licenses granted hereunder, that its entry into and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company performance under this Agree- ment will not provide any Company Data that infringes, misappropriates, or otherwise violates knowingly infringe the rights of any third party or cause it to be in breach of any obligations to a third party. Service Provider warrants and undertakes only that it has the technical experience, including Intellectual Property Rights skills, and other rights resources to privacycarry out its obligations in accordance with the terms and conditions of this Agreement and that it shall perform its obligations hereunder with reasonable skill and care. In additionService Provider, PickNik warrants to Company its affiliates, employees, agents, suppliers, vendors, and distributors make no warranty of any kind, either expressed or implied, regarding the facilities, equipment, the quality, accuracy or validity of the data and/or information residing on or passing through its computers and interconnecting networks, or that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, uninterrupted or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalerror free. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH AS PROVIDED IN THIS AGREEMENT, THE SOFTWARE SECTION AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL NO OTHER WARRANTIES RELATED TO THE SERVICES OR SOFTWARESHALL APPLY, WHETHER EXPRESS, EX- PRESS OR IMPLIED, STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MER- CHANTABILITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE TO THE FULLEST EXTENT POSSIBLE BY LAW. PROPRIETARY RIGHTS. User acknowledges that it has no rights in the Proprietary Rights of Service Provider, WARRANTY Aeris, Cellemetry or any Participating Carrier involved with the delivery of Services. User will (i) defend, at its own expense, any suit or proceeding against Service Provider, Aeris, Cellemetry, or any Participating Carrier for the infringement of any patent or copyright by any services, systems, products, or parts deployed by or on behalf of User in combination and/or connection with the MicroBurst Service or Cellemetry Data Services, where the MicroBurst Service or Cellemetry Data Services would not be infringing without such combination and/or connection, and (ii) pay all damages and costs finally awarded against Cellemetry, Aeries, or any Participating Carrier because of the infringement. TERMINATION OF MERCHANTABILITYCOVERAGE AVAILABILITY. Service Provider shall provide User with at least 180 days notice in advance of the termination of MicroBurst Service or Cellemetry Data Service coverage availability in any geographic area where such coverage had previously been available. At the end of such 180-day period, WARRANTY OF NON-INFRINGEMENTunless Service Provider has rescinded such notice, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREEany geographic area described in such notice will no longer have the specified coverage. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESService Provider will use its best efforts to maintain MicroBurst Service and/or Cellemetry Data Service coverage throughout the geographic areas where the User is installing a cRTU and purchasing Services and will further use best efforts to replace any coverage that becomes unavailable for any reason.

Warranties. Each Party represents and warrants Provided the Customer Supplied Raw Material conforms to the other Party specifications set forth in Exhibit G, APCI warrants that the Product generated hereunder will conform to the specifications set forth in Exhibit E. CUSTOMER warrants that the Customer Supplied Raw Material shall conform to the specifications set forth in Exhibit G. CUSTOMER assumes responsibility to conduct any required performance testing for specific Products before use, and APCI shall have no liability resulting from performance failure if CUSTOMER sells those specific Products that do not conform to the aforesaid testing. CUSTOMER represents that it has is familiar with the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion characteristics of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing Product and indemnifies APCI against loss or injury to persons or property arising out of the breach within 30 days following performance handling, use or possession of the defective ServicesProduct delivered to it or its customers as set forth in Section 11.A. below. APCI AND CUSTOMER MAKE NO OTHER WARRANTIES OR REPRESENTATIONS, specifying the breach in reasonable detailEXPRESSED OR IMPLIED, CONCERNING THE PRODUCTS OR CUSTOMER SUPPLIED RAW MATERIAL, AS APPLICABLE, OR THE MERCHANTABILITY OR FITNESS THEREOF FOR ANY PURPOSE. EXCEPT APCI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR THE EXPRESS WARRANTIES SET FORTH ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BY WAY OF ILLUSTRATION AND NOT OF LIMITATION, LOSS OF USE, LOSS OF WORK IN PROCESS, DOWN TIME, CLAIMS BY CUSTOMERS OR LOSS OF PROFITS, WHETHER CAUSED BY BREACH OF THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, APCI’S NEGLIGENCE OR OTHERWISE, WITH RESPECT AND SUCH LIMITATION ON DAMAGES SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. CUSTOMER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO APCI FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BY WAY OF ILLUSTRATION AND NOT OF LIMITATION, LOSS OF USE, LOSS OF WORK IN PROCESS, DOWN TIME, CLAIMS BY THIRD PARTIES OR LOSS OF PROFITS, WHETHER CAUSED BY BREACH OF THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLECUSTOMER’S NEGLIGENCE OR OTHERWISE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE SUCH LIMITATION ON DAMAGES SHALL SURVIVE FAILURE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESAN EXCLUSIVE REMEDY.

Warranties. Each Party represents and Seller warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company Purchaser that the Services will be performed goods are free of defects in a professional manner consistent with industry standards material and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approvalworkmanship. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THIS WARRANTY IS EXCLUSIVE AND IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF MERCHANTABILITYTITLE AND AGAINST PATENT INFRINGEMENT. If the goods do not conform to this warranty within one (1) year from the date of original shipment (or from the earlier date of completion if Seller delays shipment as requested by Purchaser under paragraph 6 hereof), Seller, at its election and expense, shall repair or replace the goods, or refund the purchase price for such goods, but only after receiving written notification of any defects, and substantiation that the goods have been stored, installed, maintained and operated in accordance with Seller’s recommendations and standard industry practice. Purchaser shall not return goods claimed to be defective except at the direction of the Seller. All charges for transporting such goods to Seller shall be prepaid by Purchaser, and Seller shall return such goods to Purchaser freight collect. If Seller determines that it is impractical to have the goods returned, Seller may elect (i) to repair the goods at Purchaser’s facility, using independent contractors or Seller’s own personnel, (ii) to pay Purchaser a reasonable allowance for repairs, but not exceeding the amount which Seller would have paid for its own employees, or (iii) refund the purchase price for such goods. During the course of repairs, Purchaser, without charge, shall fully cooperate with, and make the goods and its facilities available to, Seller and Seller’s agents and employees. THIS WARRANTY IS EXCLUSIVE. THE SOLE AND EXCLUSIVE OBLIGATION OF NON-INFRINGEMENTSELLER SHALL BE, AT ITS ELECTION, TO REPAIR, REPLACE, OR REFUND THE PURCHASE PRICE OF DEFECTIVE GOODS IN THE MANNER AND FOR THE PERIOD PROVIDED ABOVE. SELLER SHALL NOT HAVE ANY OTHER OBLIGATION WITH RESPECT TO THE GOODS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE. THIS WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT EXTEND TO PRODUCTS NOT OF SELLER’S MANUFACTURE; AS TO SUCH PRODUCTS, SELLER CONVEYS TO PURCHASER THE SOFTWAREWARRANTY, BACKGROUND TECHNOLOGYIF ANY, OPEN SOURCE SOFTWAREOF SELLER’S SUPPLIER. ORAL STATEMENTS BY SELLER’S EMPLOYEES OR REPRESENTATIVES DO NOT CONSTITUTE WARRANTIES, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWAREshall not be relied upon by Purchaser, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1and are not part of the contract for sale. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESNO OTHER WARRANTIES are given beyond those set forth in this document.

Warranties. Each Party represents Tester warrants that the Feedback and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will Data do not provide infringe any Company Data that infringes, misappropriates, copyright or otherwise violates the rights trade secret of any third party, and that Xxxxxx has no knowledge of, and has not been put on notice of, any patent of any third party that may be infringed by the Feedback and Data (including Intellectual Property Rights and other rights any implementation thereof recommended by Tester). Tester warrants that Tester’s Feedback is not subject to privacyany license terms that would purport to require SDS/2 to comply with any additional obligations with respect to any SDS/2 pre-release products that incorporate any Feedback. In additionTester warrants that it is not a competitor of SDS/2. THE PRE-RELEASE PRODUCTS, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any CONFIDENTIAL INFORMATION AND ANY HARDWARE AND OTHER MATERIALS FURNISHED HEREUNDER ARE FURNISHED ON AN “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-AS IS” BASIS, AND EACH PARTY HEREBY DISCLAIMS SDS/2 AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATED TO THE SERVICES WARRANTIES, EXPRESS OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORYINCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF MERCHANTABILITY, WARRANTY DEALING OR USAGE OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREETRADE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND SDS/2 SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, PRE-RELEASE PRODUCTS OR SERVICES OTHER MATERIALS PROVIDED BY SDS/2 WILL MEET TESTER'S REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY TESTER; THAT THE OPERATION OR ANY TECHNOLOGIES RESULTING FROM OUTPUT OF THE SAME PRE-RELEASE PRODUCTS WILL BE FREE FROM SECURITY VULNERABILITIES ERROR-FRE, ACCURATE, RELIABLE, COMPLETE OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE UNINTERRUPTED; OR THAT ALL ERRORS OR DEFECTS IN THE PRE-RELEASE PRODUCTS WILL BE CORRECTED. NEITHER SDS/2 NOR ITS SUPPLIERS SHALL BE LIABLE FOR COMPANYANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO TESTER’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR INABILITY TO USE OF THE SOFTWAREPRE-RELEASE PRODUCTS, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, HARDWARE OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1OTHER MATERIALS. COMPANY HEREBY TESTER EXPRESSLY ACKNOWLEDGES THAT THE SERVICESPRE-RELEASE PRODUCTS HAVE NOT BEEN FULLY TESTED AND MAY CONTAIN DEFECTS OR DEFICIENCIES WHICH MAY NOT OR WILL NOT BE CORRECTED BY SDS/2, SOFTWARETHAT THE PRE-RELEASE PRODUCTS MAY UNDERGO SIGNIFICANT CHANGES PRIOR TO RELEASE OF THE CORRESPONDING GENERALLY AVAILABLE FINAL VERSION AND THAT THE GENERALLY AVAILABLE FINAL VERSION MAY NOT CONTAIN CERTAIN FEATURES OR FUNCTIONALITY THAT ARE CONTAINED IN THE VERSION OF THE PRE-RELEASE PRODUCTS LICENSED TO TESTER. NOTWITHSTANDING THE FOREGOING, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE SDS/2 SHALL HAVE NO OBLIGATION TO RELEASE ANY PRODUCT OR MAKE AVAILABLE ANY SERVICE BASED ON THE PRE- RELEASE PRODUCTS OR CONFIDENTIAL INFORMATION PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESHEREUNDER.

Warranties. Each Party represents and warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that 1 xxxxx://xxxxxxxxxx.xxx/licenses/BSD-3-Clause Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company that the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.111.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSES.

Warranties. Each Party represents and Artera warrants to the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company you that the Services Service, when used as directed, will substantially achieve the functionality described in the Documentation. Artera also warrants that any Software media provided to you will be performed free from defects in a professional manner consistent with industry standards material and will not purposefully include any code that contains any virusworkmanship for 90 days from the date you receive such Software media. ARTERA DOES NOT WARRANT, timeHOWEVER, THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICE WILL BE ERROR-bombFREE OR SECURE. ARTERA'S SOLE LIABILITY (AND YOUR EXCLUSIVE REMEDY) FOR ANY BREACH OF THESE WARRANTIES SHALL BE FOR ARTERA TO USE COMMERCIALLY REASONABLE EFFORTS, trojan horseIN ARTERA'S SOLE DISCRETION, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shallTO REINSTATE THE FUNCTIONALITY OF THE SERVICE, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warrantyTO REPLACE DEFECTIVE SOFTWARE OR SOFTWARE MEDIA, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR TO ADVISE YOU HOW TO ACHIEVE SUBSTANTIALLY THE EXPRESS WARRANTIES SAME FUNCTIONALITY THROUGH A PROCEDURE DIFFERENT FROM THAT SET FORTH IN THE DOCUMENTATION OR, IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE AND TERMINATE THE SUBSCRIPTION AGREEMENT. If you use the Service in an unauthorized fashion, if you make any modifications to the Software, if the Software media is subjected to accident, abuse or improper use, or if you violate these Terms of Service or the Subscription Agreement, this warranty is void. This warranty shall not apply if the Service is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Service was designed to be used, as described in the Documentation. To make a claim under these warranties, you must send a written description of the claim to Artera's office as shown in the heading of these Terms of Service (Attention: Warranty Service Department). If the claim relates to defective Software, you must send Artera the defective Software media as well (including any copies you have made and all Documentation accompanying the Software). You assume the risk of loss in transit for any Materials shipped to Artera. If Artera confirms the defect or warranty claim, Artera will, within a reasonable time after receipt of the claim (and any required Materials), provide you with one of the remedies set forth above. If you have any questions concerning warranty claims, you may call Artera at 000-000-0000. THIS AGREEMENTIS A LIMITED WARRANTY. IT IS THE ONLY WARRANTY MADE BY ARTERA, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES ARTERA MAKES NO OTHER REPRESENTATION OR SOFTWAREWARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, EXPRESS OR OTHERWISEIMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO THE SERVICE OR THE MATERIALS. NO LICENSEE, DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE OF ARTERA IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS AGREEMENTLIMITED WARRANTY, INCLUDING AND NO LICENSEE, DEALER, DISTRIBUTOR, AGENT OR RESELLER OF ARTERA SHALL HAVE ANY WARRANTY LIABILITY TO YOU FOR THE FUNCTIONALITY OR PERFORMANCE OF THE SERVICE OR THE SOFTWARE OR FOR ANY WARRANTIES OR BREACHES UNDER THE SUBSCRIPTION AGREEMENT OR THESE TERMS OF SERVICE. ARTERA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY OF MERCHANTABILITYPERIOD. MOREOVER, WARRANTY OF NON-INFRINGEMENTIN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, WARRANTY OF TITLEIF ANY, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE APPLY UNLESS THEY ARE PROVIDED SOLELY AS THEY RELATE GENERALLY REQUIRED TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESAPPLY BY STATUTE.

Warranties. Each Party The Recipient represents and warrants that: it has the legal right and power to enter into, perform and observe its obligations under this Agreement; the execution, delivery and performance of this Agreement has been duly and validly authorised by the Recipient; the statements and information in its Application are accurate and complete; any statement or information given or made to ARENA by the Recipient from time to time under this Agreement (including information or statements contained in any Report) is true and correct (except where the information is provided to the Recipient by another person in which case the Recipient represents and warrants to the other Party ARENA that it has made reasonable endeavours to verify the full rightaccuracy of the information); it and its subcontractors and Personnel, powerincluding its Specified Personnel, have the necessary experience, skill, knowledge, expertise and competence to undertake the Activity and (where appropriate) will hold such licences, permits or registrations as are required under any State, Territory or Commonwealth legislation to undertake the Activity, and authority are fit and proper people; it has or will have access to enter into necessary Intellectual Property Rights to undertake the Activity; it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the claim; it has, or will have, sufficient funds to complete the Activity; all insurance policies required to be held by the Recipient under this Agreement: will remain in effect as provided for in this Agreement; and will not be varied by the Recipient without ARENA’s written consent; if the Recipient is a trustee, to grant it enters this Agreement personally and in its capacity as trustee and has the rights and licenses granted hereunder, and power to perform its obligations hereunderunder this Agreement; and that no Insolvency Event has occurred in respect of the Recipient and there are no reasonable grounds to suspect that an Insolvency Event will occur in respect of the Recipient. FurtherStages [Note: This clause will be included where ARENA determines it is appropriate having regard to the nature of the Activity, Company represents and warrants eg if there is to PickNik that Company will be an initial feasibility study. Amendments may be made depending on the circumstances of the Activity.] The Recipient must complete the Activity in the stages identified in Schedule 2. Without limiting any other rights or remedies ARENA may have arising out of or in connection with this Agreement, ARENA may terminate this Agreement following [insert, eg Stage 1 identified in Schedule 2] by giving notice to the Recipient. To avoid doubt, on termination of this Agreement under this clause 4.3: ARENA is not provide obliged to pay to the Recipient any Company Data that infringes, misappropriatescompensation, or otherwise violates any outstanding amount of funding under this Agreement; and ARENA is entitled to recover amounts from the rights Recipient under clause 19. Preconditions to commencing work [Note: This clause may be amended depending on the type of activity and Activity timeframes.] Notwithstanding any third partyother provision of this Agreement, including Intellectual Property Rights and other rights the Recipient must not commence any work on the Activity until it has provided to privacy. In addition, PickNik warrants ARENA: certification in relation to Company the Risk Management Plan in accordance with clause 5.1(b); certification in relation to the Community Consultation Plan in accordance with clause 6.1(b); evidence that the Services will be performed Recipient has engaged in initial community consultation in accordance with clause 6.1(e); and notification of responses by the Recipient to adverse community reaction to the Activity in accordance with clause 6.1(f). Risk management During the Agreement Period, the Recipient must develop, implement and update a professional manner Risk Management Plan for the Activity which includes the following features: clear identification and documentation of all key Activity risks and categorization of those risks covering both likelihood of occurrence and potential consequence; the proposed mitigation strategies and associated action plans that the Recipient determines necessary to eliminate the risks or, if this is not possible, minimise the likelihood and consequences of those risks occurring; and a process for regularly monitoring and updating the Risk Management Plan and reporting to the Recipient's internal management, board, Activity Participants and joint venture partners (if applicable), and is consistent with relevant industry standards and best practice for this type of activity and the types of risks it has. [Note: Clauses 5.1(b) and 5.1(c) will be removed if certification of the Risk Management Plan is not purposefully include required for a particular Activity.] By the date specified in item 9 of Schedule 1, the Recipient must provide to ARENA certification for the benefit of ARENA from an independent, responsible and qualified person that the Risk Management Plan has been developed, is appropriate and consistent with best practice for this type of activity and the types of risks it has, and is being implemented. The person appointed to provide the certification under clause 5.1(b) must not be an employee, shareholder, director, other officeholder or related entity of the Recipient, an Activity Participant or any code that contains any virusother person having (or having had) a significant involvement in the Activity, time-bomb, trojan horsethe Application, or any Report submitted under this Agreement. Community consultation During the Agreement Period, the Recipient must develop, implement and update a Community Consultation Plan for the Activity which includes the following features: identification of all key stakeholder groups, including local communities that are potentially affected by the Activity; an outline of the proposed community consultation processes to be undertaken that includes the following: public notification of meetings; itinerary of meetings to be conducted, groups involved and agenda for meetings; provision of information at meetings and local information sites; documentation of attendees, questions and answers and follow-up issues required arising from meetings; and an outline for stakeholders on how to access the latest information in respect of community consultation matters; an outline of how community consultation activities align with Milestones; a process for maintaining an up-to-date record of complaints and questions arising from community consultations and the responses provided to these complaints and questions; and a process for regularly: monitoring and updating the Community Consultation Plan and the community consultations undertaken; and reporting to the Recipient's internal management, board, Activity Participants, joint venture partners (if applicable) and other such malicious code key groups (whether government or non-government) as required by ARENA to ensure the ongoing improvement of community engagement, and is consistent with relevant industry standards and best practice for this type of activity and the types of community consultation to be undertaken. [Note: Clauses 6.1(b) and 6.1(c) will be removed if certification of the Community Consultation Plan is not required for a particular Activity.] By the date specified in item 10 of Schedule 1, the Recipient must provide to ARENA certification for the benefit of ARENA from an independent, responsible and qualified person that the Community Consultation Plan is appropriate and consistent with best practice for this type of activity and the types of community consultation to be undertaken, and that it is being implemented. The person appointed to provide the certification under clause 6.1(b) must not be an employee, shareholder, director, other officeholder or related entity of the Recipient, a Activity Participant or any open source licensed other person having (or having had) a significant involvement in the Activity, the Application, or any Report submitted under this Agreement. The Recipient must make the Community Consultation Plan available to any “copy-left” type provisions without Company’s approvalperson on request. PickNik shallThe Recipient may make the Community Consultation Plan available by publishing it on its website. By the date specified in item 1010 of Schedule 1, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise Recipient must provide to ARENA evidence that the Recipient has engaged in initial community consultation in relation to the breachActivity to ARENA’s satisfaction, or, including that the Recipient has: conducted a public forum in the affected community; advertised the public forum (including in any prominent local newspaper) at PickNik’s option, refund the fees paid by Company for the portion least seven days in advance of the Services that did not fulfill such warranty, forum; provided that Company shall notify PickNik attendees with the opportunity to raise any issues concerning the Activity; responded in writing to any submissions made to it; and provided to ARENA notification of any adverse community reaction to the breach within 30 days following performance Activity to date. By the date specified in item 10 of Schedule 1, the defective ServicesRecipient must provide to ARENA notification of responses by the Recipient to adverse community reaction to the Activity. Notification Without limiting any obligation to notify any Authority, specifying the breach Recipient must advise ARENA as soon as possible of any Crisis in reasonable detailaccordance with the protocol notified by ARENA to the Recipient from time to time. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESThe Recipient must notify ARENA as soon as practicable of any significant concerns of local community groups of which the Recipient becomes aware.

Warranties. Each Party represents and Simba warrants for a period of ninety (90) days from the date the Program is delivered to you that the other Party that it has Program shall substantially conform to Simba’s documented specifications. In the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunder. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights event of any third partyalleged breach of the above express warranties, including Intellectual Property Rights you shall report the details of such alleged breach in writing to Simba within the specified ninety (90) day warranty period. If such alleged breach is reported as required and other rights substantiated by Simba, your exclusive remedies shall be, at Simba’s sole option, for Simba to privacy. In addition, PickNik warrants to Company that promptly repair or replace the Services will be performed in a professional manner consistent with industry standards and will not purposefully include any code that contains any virus, time-bomb, trojan horse, or other such malicious code Program or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive portion thereof necessary to remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, or to refund the fees paid actually received by Company Simba for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detailLicense. EXCEPT FOR THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENTABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SERVICES ARE PROVIDED SUPPORT) ON AN “AS-AS IS”, “WHERE IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICES OR SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ACCURACY, NON-­‐INFRINGEMENT, OR CONDITION ARISING FROM COURSE OF MERCHANTABILITYPERFORMANCE, WARRANTY COURSE OF NON-INFRINGEMENT, WARRANTY DEALING OR USAGE OF TITLE, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREETRADE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND SIMBA DOES NOT WARRANT THAT THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWAREFUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THAT THE SAME OPERATION OF THE PROGRAM WILL BE ERROR FREE FROM SECURITY VULNERABILITIES OR MALWARE UNINTERRUPTED, OR THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR THE USE OF THE SOFTWAREPROGRAM IN TERMS OF ITS CORRECTNESS, BACKGROUND TECHNOLOGYACCURACY, OPEN SOURCE SOFTWARERELIABILITY, OR SERVICES OTHERWISE. NO ORAL OR ANY TECHNOLOGIES RESULTING FROM THE SAME WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY APPLICATIONS, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1. COMPANY HEREBY ACKNOWLEDGES THAT WAY INCREASE THE SERVICES, SOFTWARE, BACKGROUND TECHNOLOGY, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESSCOPE OF THIS WARRANTY.

Warranties. Each Party represents a) Lessee acknowledges that Lessor is not the manufacturer of the Property nor manufacturer's agent nor a dealer therein. The Property is of a size, design, capacity, description and warrants to manufacture selected by the other Party that it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder, and to perform its obligations hereunderLessee. Further, Company represents and warrants to PickNik that Company will not provide any Company Data that infringes, misappropriates, or otherwise violates the rights of any third party, including Intellectual Property Rights and other rights to privacy. In addition, PickNik warrants to Company Lessee is satisfied that the Services will be performed in a professional manner consistent with industry standards Property is suitable and will not purposefully include any code that contains any virusfit for its purposes. LESSEE AGREES THAT LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, time-bombEXPRESS OR IMPLIED, trojan horse, or other such malicious code or any open source licensed under any “copy-left” type provisions without Company’s approval. PickNik shall, as its sole obligation and Company’s sole and exclusive remedy for any breach of this warranty, re-perform the Services which gave rise to the breach, or, at PickNik’s option, refund the fees paid by Company for the portion of the Services that did not fulfill such warranty, provided that Company shall notify PickNik in writing of the breach within 30 days following performance of the defective Services, specifying the breach in reasonable detail. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATED AS TO THE SERVICES OR SOFTWAREPROPERTY, WHETHER EXPRESSINCLUDING, IMPLIEDWITHOUT LIMITATION, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ANY WARRANTY OR REPRESENTATION AS TO: (i) THE DESCRIPTION, CONDITION, DESIGN, QUALITY OR PERFORMANCE OF THE PROPERTY OR QUALITY OR CAPACITY OF MATERIALS OR WORKMANSHIP IN THE PROPERTY; (ii) ITS MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLEPURPOSE WHETHER OR NOT DISCLOSED TO LESSOR, AND PICKNIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT (iii) DELIVERY OF THE SOFTWARE WILL BE ERROR-FREE. IN ADDITION, BECAUSE PICKNIK CANNOT CONTROL COMPANY’S NETWORKING OR FINAL PRODUCT, PICKNIK CANNOT AND DOES NOT WARRANT THAT PROPERTY FREE OF THE SOFTWARE, BACKGROUND TECHNOLOGY, OPEN SOURCE SOFTWARE, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME WILL BE FREE FROM SECURITY VULNERABILITIES OR MALWARE RIGHTFUL CLAIM OF ANY KIND AND PICKNIK IS NOT RESPONSIBLE PERSON BY WAY OF INFRINGEMENT OR LIABLE FOR COMPANY’S USE OF ROBOT OPERATING SYSTEM SOFTWARE OR USE OF THE SOFTWARELIKE. LESSOR EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. If the Software is not properly installed, BACKGROUND TECHNOLOGYdoes not function as represented or warranted by original licensor, OPEN SOURCE SOFTWAREor is unsatisfactory for any reason, OR SERVICES OR ANY TECHNOLOGIES RESULTING FROM THE SAME IN ANY APPLICATIONSLessee shall make any claim on account thereof solely against original licensor and shall nevertheless pay all sums payable under the Lease, EXCEPT FOR LIABILITIES EXPLICITLY SET FORTH IN SECTION 10.1Lessee hereby waiving the right to make any Such claims against Lessor. COMPANY HEREBY ACKNOWLEDGES THAT THE SERVICESLessor shall not be liable to Lessee for any loss, SOFTWAREdamage or expense of any kind or nature caused, BACKGROUND TECHNOLOGYdirectly or indirectly, AND OPEN SOURCE SOFTWARE ARE PROVIDED SOLELY AS THEY RELATE GENERALLY TO ROBOTIC THEORIES AND NOT FOR ANY SPECIFIC END USER PURPOSESby the Property or the use, possession or maintenance thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repair, service or adjustment, or by any interruption of service or loss of use thereof (including without limitation, Lessee's use of or right to use any Software) or for any loss of business howsoever caused.