Common use of Limitations of Warranty Clause in Contracts

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY UNDER THE SECTION 5 ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE OR NON-INFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, OR THAT THE CUSTOMER’S USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENT. (3) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (4) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY UNDER THE SECTION 5 ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE OR NON-NON INFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET THE CUSTOMER’S USTOMER'S REQUIREMENTS, OR THAT THE CUSTOMER’S 'S USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS ESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S 'S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENT. (32) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (43) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) CUSTOMER’S RIGHTS UNDER SECTION 7 OF THESE SALES TERMS SHALL BE THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCLU- SIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY UNDER THE SECTION 5 SET FORTH ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NOSCRIPTEL (INCLUDING ITS AFFILIATES, CONTRACTORS AND AGENTS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS) HEREBY SPECIFICALLY DISCLAIMS ANYANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM OR NON-INFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT RELATED TO: (A) THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, RESULTS (OR THAT THE CUSTOMER’S LACK THEREOF) OBTAINED THROUGH USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTEDPRODUCTS OR THE RESULTS OF ANY RECOMMENDATION BY SCRIPTEL OR OTHERWISE; (B) COURSE OF DEAL- ING OR OF PERFORMANCE, TIMELY, SECURE CUSTOMER OR ERROR FREEUSAGE OF TRADE EXCEPT OF TITLE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU OR (C) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NO EMPLOYEE OF SCRIPTEL OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE PRODUCTS OTHER THAN THE WARRANTY EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL SCRIPTEL BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE PRODUCTS OR GOODS. IF APPLICABLE LAW PROHIBITS ANY OF THE DISCLAIMER OF ANY OF ANY SUCH WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS SUCH WARRANTY SHALL BE LIMITED IN TIME TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENTAPPLICABLE WARRANTY PERIOD SET FORTH ABOVE. (3) Cybozu may change, suspend or discontinue, without obtaining prior consent 8.1 Costs of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations Installation and environment of the Software equivalent to those at the time of the execution of this AgreementRemoval. (4) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY UNDER THE SECTION 5 ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE OR NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET THE CUSTOMER’S 'S REQUIREMENTS, OR THAT THE CUSTOMER’S 'S USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S 'S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENT. (32) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (43) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY UNDER THE SECTION 5 ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ,COMPLETENESS, USE, ACCURACY, TITLE OR NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET THE CUSTOMER’S 'S REQUIREMENTS, OR THAT THE CUSTOMER’S 'S USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE MAYBE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S 'S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENT. (32) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (43) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) 12.1.4.1 THE SOFTWARE IS PROVIDED “AS IS” BUYER’S REMEDY AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY SELLER’S OBLIGATION AND LIABILITY UNDER THE SECTION 5 ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, CLAUSES 12.1.1 AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT 12.1.2 ARE LIMITED TO, AT THE IMPLIED WARRANTIES SELLER’S EXPENSE AND OPTION, THE REPAIR, REPLACEMENT OR CORRECTION (TO INCLUDE, IN THE CASE OF MERCHANTABILITYSOFTWARE, FITNESS SUPPLY OF A COMPARABLE PRODUCT WITH EQUIVALENT FUNCTION) OF ANY DEFECTIVE WARRANTED PART. THE SELLER MAY ELECT TO EFFECT SUCH REPAIR, REPLACEMENT OR CORRECTION BY SUPPLYING MODIFICATION KITS DESIGNED TO RECTIFY THE DEFECT OR BY FURNISHING A CREDIT TO THE BUYER FOR THE FUTURE PURCHASE OF GOODS AND SERVICES (NOT INCLUDING AIRCRAFT) EQUAL TO THE PRICE AT WHICH THE BUYER IS THEN ENTITLED TO ACQUIRE A PARTICULAR PURPOSEREPLACEMENT FOR THE DEFECTIVE WARRANTED PART. 12.1.4.2 IF THE SELLER CORRECTS A DEFECT COVERED BY CLAUSE 12.1.1(III) THAT BECOMES APPARENT WITHIN THE WARRANTY PERIOD, COMPLETENESSON THE BUYER’S WRITTEN REQUEST THE SELLER WILL CORRECT ANY SUCH DEFECT OF THE SAME TYPE IN ANY AIRCRAFT THAT HAS NOT ALREADY BEEN DELIVERED TO THE BUYER. THE SELLER WILL NOT BE RESPONSIBLE FOR, USENOR DEEMED TO BE IN DEFAULT ON ACCOUNT OF ANY DELAY IN DELIVERY OF ANY AIRCRAFT OR OTHERWISE, ACCURACYIN RESPECT OF PERFORMANCE OF THIS AGREEMENT, TITLE OR NON-INFRINGEMENTDUE TO THE SELLER’S UNDERTAKING TO MAKE SUCH CORRECTION. IN ADDITIONALTERNATIVELY, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, THE BUYER AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET SELLER MAY AGREE TO DELIVER SUCH AIRCRAFT WITH SUBSEQUENT CORRECTION OF THE CUSTOMERDEFECT BY THE BUYER AT THE SELLER’S REQUIREMENTSEXPENSE, OR THAT THE CUSTOMER’S USE BUYER MAY ELECT TO ACCEPT DELIVERY AND THEREAFTER FILE A WARRANTY CLAIM AS THOUGH THE DEFECT HAD BECOME APPARENT IMMEDIATELY AFTER DELIVERY OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENTSUCH AIRCRAFT. (3) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (4) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. (1) The Customer hereby agrees that the warranty under the section 5 above on the only guarantee for the software. (2) CUSTOMER’S RIGHTS UNDER SECTION 7 OF THESE SALES TERMS SHALL BE THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY UNDER THE SECTION 5 SET FORTH ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NOSCRIPTEL (INCLUDING ITS AFFILIATES, CONTRACTORS AND AGENTS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS) HEREBY SPECIFICALLY DISCLAIMS ANYANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM OR NON-INFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT RELATED TO: (A) THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, RESULTS (OR THAT THE CUSTOMER’S LACK THEREOF) OBTAINED THROUGH USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTEDPRODUCTS OR THE RESULTS OF ANY RECOMMENDATION BY SCRIPTEL OR OTHERWISE; (B) COURSE OF DEALING OR OF PERFORMANCE, TIMELY, SECURE CUSTOMER OR ERROR FREEUSAGE OF TRADE EXCEPT OF TITLE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU OR (C) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NO EMPLOYEE OF SCRIPTEL OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE PRODUCTS OTHER THAN THE WARRANTY EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL SCRIPTEL BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE PRODUCTS OR GOODS. IF APPLICABLE LAW PROHIBITS ANY OF THE DISCLAIMER OF ANY OF ANY SUCH WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS SUCH WARRANTY SHALL BE LIMITED IN TIME TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENTAPPLICABLE WARRANTY PERIOD SET FORTH ABOVE. (3) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (4) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.

Limitations of Warranty. 12.1.4.1 The Warranty Beneficiary’s remedy and the Seller’s obligation and liability under Clauses 12.1.1 and 12.1.2 are, at the Seller’s expense, (1a) The Customer hereby agrees the repair, replacement or correction of any Warranted Part that is defective (or the supply of modification kits rectifying the defect) (a “Correction”) or (b) the reimbursement of the cost to the Warranty Beneficiary for a replacement for the defective Warranted Part and any other materials installed, incorporated, consumed or expended by the Warranty Beneficiary in performing the Correction. [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] 12.1.4.2 In the event of a defect covered by Clauses 12.1.1 (iii), 12.1.1 (iv) and 12.1.2 (ii) becoming apparent within the Warranty Period, the Seller will also, if so requested by the Buyer in writing, correct such defect in any Aircraft that has not yet been delivered to the Buyer, provided, however, (i) that the warranty under the section 5 above Seller will not be responsible, nor be deemed to be in default on the only guarantee for the software. (2) THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY UNDER THE SECTION 5 ABOVE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE OR NON-INFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, OR THAT THE CUSTOMER’S USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENT. (3) Cybozu may change, suspend account of any reasonable delay in Delivery of any Aircraft or discontinue, without obtaining prior consent otherwise in respect of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution performance of this Agreement, due to the Seller’s undertaking to make such correction and provided further (ii) that, rather than accept a delay in the Delivery of any such Aircraft, the Buyer and the Seller may agree to deliver such Aircraft with subsequent correction of the defect by the Buyer at the Seller’s expense, or the Buyer may elect to accept Delivery and thereafter file a Warranty Claim as though the defect had become apparent immediately after Delivery of such Aircraft. (4) 12.1.4.3 Cost of Inspection In additionaddition to the remedies set forth in Clauses 12.1.4.1 and 12.1.4.2, any oral the Seller will reimburse the direct labor costs incurred by the Warranty Beneficiary in performing inspections of the affected Aircraft to determine whether or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder a defect exists in any sense.Warranted Part within the Warranty Period subject to the following conditions: (i) such inspections are recommended by a Seller Service Bulletin, service letter, or other Seller correspondence issued or to be performed within the Warranty Period; (ii) [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] (iii) the labor rate for the reimbursement will be the In-house Warranty Labor Rate; and (iv) [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED]

Limitations of Warranty. (1) The Software is available free of charge. The Customer hereby confirms and agrees that the warranty under Customer shall assume full responsibility for any and all damages, direct or indirect, liabilities and/ or risks, including loss of data, server down, interruption of business operations, complaints and claims made by a third party, arising from trying out or using the section 5 above on the only guarantee for the softwareSoftware. (2) THE SOFTWARE IS PROVIDED “AS IS” AND “AS-AVAILABLE” EXCEPT FOR THE WARRANTY UNDER THE SECTION 5 ABOVE”. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY, WARRANTY TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE OR NON-INFRINGEMENTNONINFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CYBOZU MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS, OR THAT THE CUSTOMER’S USE OF THE SOFTWARE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES CYBOZU MAKE ANY WARRANTY, AND CYBOZU SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THE CUSTOMER’S HARDWARE, SOFTWARE OR NETWORK OPERATING ENVIRONMENT. IN ADDITION, THE CUSTOMER HAS TO USE THE SOFTWARE VERSION SAME AS THE VERSION OF THE BASIC SOFTWARE. HOWEVER, THE CYBOZU GUARANTEES NEITHER PROVISION OF THE SAME UPGRADED VERSION OF THIS SOFTWARE WHEN A BASIC SOFTWARE WAS REVISED NOR THIS PROVISION BEING PERFORMED WITH THE VERSION UP OF THE BASIC SOFTWARE. THEREFORE, IN THIS CASE, THE CUSTOMER CANNOT USE THIS SOFTWARE AND/OR THE CUSTOMER HAS NO GUARANTEE OF PROPER OPERATION WHEN USE THE DIFFERENT AS THE VERSION OF THE BASIC SOFTWARE. (3) Cybozu may change, suspend or discontinue, without obtaining prior consent of the Customer, any functions and/or operations of the Software, and/or any services accompanied with the Software. In no event shall Cybozu guarantee to continue to provide the Customer with the functions, operations and environment of the Software equivalent to those at the time of the execution of this Agreement. (4) In addition, any oral or written information or advice provided by Cybozu shall not constitute any additional warranty or expansion of any warranty hereunder in any sense.