Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Licensor’s and its suppliers’ entire liability and your exclusive remedy shall be, at Licensor’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Licensor’s Limited Warranty and which is returned to Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTION.

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor Software FX warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. LicensorSoftware FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at LicensorSoftware FX’s option, either (i) return of the price paid, if any, or or (ii) repair or replacement of the Software that does not meet LicensorSoftware FX’s Limited Warranty and which is returned to Licensor Software FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR SOFTWARE FX OR ITS SUPPLIER’S BREACH OF WARRANTY. LICENSOR DOES SOFTWARE FX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR SOFTWARE FX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SOFTWARE FX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- NON-INFRINGEMENT, WITH REGARD TO THE SoftwareSOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ STATE/JURISDICTION. (c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SOFTWARE FX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SOFTWARE FX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SOFTWARE FX’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Software FX’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between Software FX and you.

Warranty and Limitation of Liability. (aFor the purposes of this Section 7, Cabletron Systems, Inc. and its software suppliers and licensors are collectively referred to as "Cabletron".) Limited Warranty and Customer Remedies. Licensor warrants The only warranty Cabletron makes to the person or entity that first purchases a You in connection with this license for use of the Licensed Materials is that the media on which the Licensed Software pursuant is recorded will be replaced without charge, if Cabletron in good faith determines that the media and proof of payment of the license fee are returned to Cabletron or the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of dealer from whom it was obtained within ninety (90) days from of the date of receiptpayment of the license fee. Some states Cabletron has tested its software with current virus checking technologies. However, because no anti- virus system is 100% reliable, we strongly caution You to write protect and jurisdictions do not allow limitations on duration of an implied warranty, so then verify that the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Licensed Software, if anyprior to installing it, are limited is virus-free with an anti-virus system in which You have confidence. Cabletron makes no representations or warranties to ninety (90) daysthe effect that the Licensed Software is virus- free. Licensor’s and its suppliers’ entire liability and your exclusive remedy shall beCABLETRON MAKES NO WARRANTY OR REPRESENTATION, at Licensor’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Licensor’s Limited Warranty and which is returned to Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSED SOFTWARE, LICENSOR AND ITS SUPPLIERS DISCLAIM IT IS LICENSED "AS IS". THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONSWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. ONLY TO THE EXTENT SUCH EXCLUSION OF IMPLIED WARRANTY(IES) IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY(IES) IS LIMITED TO THE DURATION OF THE WARRANTY SET FORTH ABOVE. YOU ASSUME ALL RISK AS TO THE QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE SoftwareFUNCTION, AND PERFORMANCE OF THE PROVISION LICENSED MATERIALS. IN NO EVENT WILL CABLETRON OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR FAILURE CONSEQUENTIAL DAMAGES TO PROVIDE SUPPORT SERVICESANY PARTY, INCLUDING LOSS OF DATA OR PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF CABLETRON OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES IN NO EVENT SHALL CABLETRON OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU SPECIFIC LEGAL RIGHTSOR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS. YOU MAY HAVE OTHERSSome states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTIONso the above limitation and exclusion may not apply to You. This warranty gives You specific legal rights, and You may also have other rights which vary from state to state.

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor 10.1 Supplier warrants that each Product sold to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that Distributor hereunder will (i) the Software will perform substantially be free from defects in materials and workmanship, (ii) be in compliance with ISO 9001 standards by *** , (iii) be manufactured, packaged, and labeled in accordance with any accompanying Documentation for the then prevailing Product Specifications, and (iv) have a period of ninety (90) days from remaining shelf-life at the date of receiptshipment of at least twenty-four (24) months (the "Warranty Period"). Some states and jurisdictions do not allow limitations on duration of an implied If Distributor provides notice to Supplier during the Warranty Period that a Product breaches this warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SoftwareDistributor shall, if anyrequested by Supplier, are limited return such Product to ninety (90) daysSupplier, or if not so requested, dispose of such Product in accordance with Supplier's instructions. Licensor’s The sole and its suppliers’ entire liability and your exclusive remedy shall be, at Licensor’s option, in the event of any breach of the foregoing warranty is either (i) for the Distributor to so return or dispose of the defective Products to Supplier (delivery or postage prepaid by Supplier) for replacement in accordance with its standard warranty procedures, or (ii) for a refund of the price paid, paid by the Distributor for the defective Product if any, or (ii) repair the Supplier is unable to replace such defective Products within a reasonable time period or replacement of the Software that at a commercially reasonable cost. This warranty does not meet Licensor’s Limited Warranty and extend to any damage or failure which is returned to Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted results from alteration, accident, theft, misuse, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period improper storage or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimermaintenance by Distributor. THE FOREGOING LIMITED WARRANTY DISTRIBUTOR ACKNOWLEDGES THAT SUPPLIER'S OBLIGATIONS AND REMEDIES STATE LIABILITIES IN RESPECT OF THE SOLE PRODUCTS AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH THE DISTRIBUTOR'S APPOINTMENT ARE EXHAUSTIVELY DEFINED IN THIS AGREEMENT. THE DISTRIBUTOR AGREES THAT THE EXPRESS OBLIGATIONS AND WARRANTIES MADE BY SUPPLIER UNDER THIS AGREEMENT SHALL BE IN LIEU OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR LAW) OF ANY OTHER -------------------- ***Confidential treatment requested 11 WARRANTY, CONDITION, REPRESENTATION TERM OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMSUNDERTAKING OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE STATUTORY OR OTHERWISE RELATING TO ANYTHING SUPPLIED UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING (WITHOUT LIMITATION) AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONDITION, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND QUALITY. 10.2 Supplier accepts liability without limit for death or personal injury to the extent that it results from the negligence, SATISFACTORY QUALITYbreach of warranty, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTIONor intentional conduct of Supplier and its employees and that it is caused by any Product being defective and unsafe within the meaning of the applicable laws of the Territory.

Warranty and Limitation of Liability. HYBRID warrants for a period of 90 calendar days after Delivery (athe “Warranty Period”) Limited Warranty and Customer Remedies. Licensor warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying the Documentation for a period provided that the Software is used under normal operating and maintenance conditions, as directed in the Documentation, and in compliance with this Agreement. The date of ninety (90) days from Delivery shall be understood as the date on which HYBRID notifies the Customer via email or other agreed-upon communication method that the Software is available for download and installation as per article 4 of receiptthe Terms of Sale. Some states and jurisdictions do The warranty set forth in this Agreement will not allow limitations on duration apply if defects arise out of an implied warrantyaccident, so the above limitation may not apply to you. To the extent allowed by applicable lawneglect, implied warranties on the Softwaremisuse, if anyfailure of utilities, are limited to ninety (90) days. Licensorequipment failures, causes beyond HYBRID’s and its suppliers’ entire liability and your exclusive remedy shall becontrol, at Licensor’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of use other than ordinary use for which the Software that is intended as described in the Documentation. During the Warranty Period, any Updates and New Versions are free of charge and Customer shall have access to the support service during the applicable business hours. HYBRID has no obligation to provide any support and maintenance beyond the Warranty Period unless Customer subscribed to a separate support and maintenance agreement as expressed in an Order Confirmation. The warranty does not meet Licensor’s Limited Warranty and which is returned to Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accidentcover any software, abusehardware, misapplication, abnormal use, Trojan horse, virusor materials not provided by HYBRID, or any other malicious external codecombination of HYBRID’s Software with the same. Any replacement modifications to the Software by any persons other than the HYBRID will be warranted for void the remainder warranty and cause an event of the original warranty period or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimerdefault under this Agreement. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH DISCLAIMER OF WARRANTY. LICENSOR DOES NOT THIRD-PARTY SOFTWARE AND CANNOT WARRANT THE PERFORMANCE TRIAL SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSA PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND HYBRID’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE HYBRID’S EXCLUSIVE OBLIGATIONS AND THE CUSTOMER’S EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED. NO OTHER WARRANTIES, BUT NOT LIMITED TOREMEDIES, IMPLIED WARRANTIES OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE ARE MADE OR GIVEN BY HYBRID, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG-FREE. NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. HYBRID EXPRESSLY DISCLAIMS (AND CUSTOMER ACKNOWLEDGES THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- NON-INFRINGEMENT, WITH REGARD . TO THE SoftwareMAXIMUM EXTENT PERMITTED BY LAW, AND THE PROVISION IN NO EVENT WILL HYBRID’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR FAILURE IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE CUSTOMER PAID UNDER THE AGREEMENT TO PROVIDE SUPPORT SERVICESHYBRID DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYBRID, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR ANY OTHER CLAIMS BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF A HYBRID REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. NOTHING CONTAINED IN THIS AGREEMENT LIMITS HYBRID’S LIABILITY TO CUSTOMER IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD), OR ANY LIABILITY THAT CANNOT BE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTSOR EXCLUDED UNDER APPLICABLE LAW. YOU MAY HAVE OTHERSExcept for Customer’s breach of HYBRID’s Intellectual Property Rights, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTIONneither party may bring a claim under this Agreement more than 6 months after the event that creates the action or claim.

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that hat (i) the Software will perform substantially in accordance with any accompanying Documentation documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. LicensorSoftware FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at LicensorSoftware FX’s option, either (i) return of the price paid, if any, or or (ii) repair or replacement of the Software that does not meet Licensor’s Limited Warranty limited warranty and which is returned to Licensor with a copy of your receipt. This Limited Warranty limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) . This limited warranty does not apply to Evaluation and/or Pre-release Software. No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR OR ITS SUPPLIER’S BREACH OF WARRANTY. LICENSOR DOES AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS RE- SULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT EX- TENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTION.APPLICA-

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor DCS warrants to the person or entity that first purchases a license for use as of the Software pursuant to the terms Effective Date of this Software License Agreement that Agreement, (i) it has the authority to grant the License under this Agreement to Licensee; (ii) any Services provided under this Agreement and any Purchase Orders will be performed in a professional and workmanlike manner; and (iii) the Licensed Software will perform conform substantially in accordance with any accompanying Documentation to its documentation for a period of ninety thirty (9030) days from the date of receiptgo-live delivery. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. LicensorLicensee’s and its suppliers’ entire liability and your exclusive sole remedy shall be, at Licensor’s option, either (i) return for a breach of the price paid, if any, or (ii) express warranties in this section shall be repair or replacement of the Licensed Software that does not meet Licensor’s Limited Warranty and which is returned to Licensor with or reperformance of any applicable Services within a copy of your receiptreasonable time. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code8.2. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE DCS MAKES NO OTHER WARRANTIES OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM REPRESENTATIONS WITH RESPECT TO THE EXTENT WHICH THE SAME CANNOT LICENSED SOFTWARE OR MAY NOT ANY SERVICES TO BE EXCLUDED PROVIDED UNDER THIS AGREEMENT OR LIMITED BY LAW ANY APPLICABLE TO YOU IN YOUR JURISDICTIONPURCHASE ORDER, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIESWHETHER EXPRESS, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTESTATUTORY OR OTHERWISE, COMMON IN FACT OR IN LAW, CUSTOM, USAGE OR OTHERWISE AS TO INCLUDING WITHOUT LIMITATION ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DCS DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR ANY APPLICABLE PURCHASE ORDER, SATISFACTORY QUALITYDCS HAS NO DUTY TO UPDATE, INFORMATIONAL CONTENT MAINTAIN OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO PROVIDE ANY ENHANCEMENTS FOR THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTIONLICENSED SOFTWARE.

Warranty and Limitation of Liability. 10.1 Warranties to OSA, Inc. 10.1.1 TJA warrants to OSA, Inc. that the Specialized Units (including, without limitation, the Instrument Software) purchased from TJA shall (a) Limited upon initial delivery be free from material defects in workmanship or materials and (b) upon initial delivery and for a period of six (6) months after initial shipment (the "Warranty and Customer Remedies. Licensor warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (iPeriod") the Software will perform operate substantially in accordance with the Specialized Unit Specification applicable thereto when subjected to normal, proper and intended usage. TJA agrees during the Warranty Period, provided it is promptly notified in writing upon the discovery of any accompanying Documentation for a period defect, to repair or replace, at its option, free of ninety charge, defective Specialized Units so as to cause the same to conform to the warranties set forth in clauses (90a) days from or (b) above, as the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation case may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Licensor’s and its suppliers’ entire liability and your exclusive remedy shall be, at Licensor’s option, either (i) return of the price paid, if any, or (ii) and such repair or replacement shall constitute the sole and exclusive remedy for breach of any such warranty. Replacement parts may be new or refurbished, at the Software that does not meet Licensor’s Limited Warranty and which is returned election of TJA. All costs for returning defective Specialized Units to Licensor TJA shall be paid by OSA, Inc., with a copy reimbursement of your receipt. This Limited Warranty is void if failure of the Software has resulted from accidentsuch costs to be made by TJA to OSA, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or Inc. within thirty (30) daysdays following TJA's receipt of an invoice and reasonable back-up documentation therefor. Notwithstanding anything to the contrary contained herein, whichever TJA makes no warranties (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) with respect to equipment, materials or software (including without limitation the OSA, Inc. Software) not manufactured by TJA, Thermo Instrument, or any parent, subsidiary or affiliate of either. Lamps, mercury bulbs and other minor expendable items are further expressly excluded from this warranty. TJA agrees to assign to OSA, Inc. any manufacturer's warranty relating to any such excluded equipment, materials and software, to the extent the same is longer. assignable. If TJA determines that any Specialized Unit for which OSA, Inc. or any Customer has requested warranty service is not covered by the terms of the warranty under clause (a) or (b) No Other Warranties above, OSA, Inc. shall pay or reimburse to TJA all costs of investigating and Disclaimerresponding to such request at TJA's then prevailing time and materials rates. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTYANY INSTALLATION, AND FOR ANY WARRANTYMAINTENANCE, CONDITIONREPAIR, REPRESENTATION OR TERM SERVICE, ALTERATION, MODIFICATION (PURSUANT TO THE EXTENT WHICH TERMS OF ARTICLE 6 ABOVE OR OTHERWISE), RELOCATION OR OTHER TAMPERING TO OR WITH A SPECIALIZED UNIT PERFORMED BY ANY PERSON OR ENTITY OTHER THAN TJA OR TJA's DESIGNATED SUBCONTRACTOR OR AGENT WITHOUT TJA'S WRITTEN APPROVAL SIGNED BY THE SAME CANNOT PRESIDENT OF TJA AND 1.1 ( IT BEING UNDERSTOOD AND AGREED THAT REPLACEMENT PARTS DELIVERED DIRECTLY TO OSA, INC. OR MAY TO ANY CUSTOMER BY TJA, TJA's DESIGNATED SUBCONTRACTOR OR AGENT OR A THIRD PARTY VENDOR AT THE DIRECTION OF TJA WILL BE DEEMED TO HAVE BEEN SUPPLIED BY TJA FOR PURPOSES OF THIS SECTION 10.1.1), SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO SUCH SPECIALIZED UNITS (BUT SHALL NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IMPAIR ANY VALID WARRANTY CLAIMS THERETOFORE ACCRUED WITH RESPECT TO YOU SUCH SPECIALIZED UNITS). 10.1.2 TJA warrants that the Instrument Software and Technical Contributions of TJA do not violate or infringe the United States Intellectual Property rights of any third party. 10.1.3 EXCEPT AS EXPRESSLY PROVIDED IN YOUR JURISDICTIONTHIS AGREEMENT, LICENSOR AND ITS SUPPLIERS MAKE NO TJA DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTEORAL OR WRITTEN, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDSPECIALIZED UNITS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTION.

Warranty and Limitation of Liability. HYBRID warrants for a period of ninety (a90) Limited calendar days after Delivery (the “Warranty and Customer Remedies. Licensor warrants to the person or entity Period”) that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying the Documentation for a period provided that the Software is used under normal operating and maintenance conditions, as directed in the Documentation, and in compliance with this Agreement. The date of ninety (90) days from Delivery shall be understood as the date on which HYBRID notifies the Customer via email or any other agreed-upon communication method when the Software is available for download or access as per article 4 of receiptthe Terms of Sale. Some states and jurisdictions do The warranty set forth in this Agreement will not allow limitations on duration apply if defects arise out of an implied warrantyaccident, so the above limitation may not apply to you. To the extent allowed by applicable lawneglect, implied warranties on the Softwaremisuse, if anyfailure of utilities, are limited to ninety (90) days. Licensorequipment failures, causes beyond HYBRID’s and its suppliers’ entire liability and your exclusive remedy shall becontrol, at Licensor’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of use other than ordinary use for which the Software that is intended as described in the Documentation. During the Warranty Period, any Updates and New Versions are free of charge and Customer shall have access to the HYBRID Support Service during the applicable business hours. HYBRID has no obligation to provide any support or maintenance beyond the Warranty Period unless Customer subscribed to a separate support and maintenance agreement as expressed in an Order Confirmation. The warranty does not meet Licensor’s Limited Warranty and which is returned to Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accidentcover any software, abusehardware, misapplication, abnormal use, Trojan horse, virusor materials not provided by HYBRID, or any other malicious external codecombination of HYBRID’s Software with the same. Any replacement modifications to the Software by any persons other than the HYBRID will be warranted for void the remainder warranty and cause an event of the original warranty period or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimerdefault under this Agreement. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH DISCLAIMER OF WARRANTY. LICENSOR DOES NOT THIRD-PARTY SOFTWARE AND CANNOT WARRANT THE PERFORMANCE TRIAL SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSA PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND HYBRID’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE HYBRID’S EXCLUSIVE OBLIGATIONS AND THE CUSTOMER’S EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDINGEXPRESS OR IMPLIED. NO OTHER WARRANTIES, BUT NOT LIMITED TOREMEDIES, IMPLIED WARRANTIES OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE ARE MADE OR GIVEN BY HYBRID, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG-FREE. NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. HYBRID EXPRESSLY DISCLAIMS (AND CUSTOMER ACKNOWLEDGES THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- NON-INFRINGEMENT, WITH REGARD . TO THE SoftwareMAXIMUM EXTENT PERMITTED BY LAW, AND THE PROVISION IN NO EVENT WILL HYBRID’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR FAILURE IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE CUSTOMER PAID UNDER THE AGREEMENT TO PROVIDE SUPPORT SERVICESHYBRID DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYBRID, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR ANY OTHER CLAIMS BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF A HYBRID REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. NOTHING CONTAINED IN THIS AGREEMENT LIMITS PARTIES LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD), A BREACH OF SECTION 8 (CONFIDENTIALITY), OR ANY LIABILITY THAT CANNOT BE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL OR EXCLUDED UNDER APPLICABLE LAW. EXCEPT FOR CUSTOMER’S BREACH OF HYBRID’S INTELLECTUAL OR PROPRIETARY RIGHTS. YOU , NEITHER PARTY MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION BRING A CLAIM UNDER THIS SOFTWARE LICENSE AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE EVENT THAT LED TO STATE/ JURISDICTIONTHE CREATION OF THE ACTION OR CLAIM.

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor 5.1 Blossom warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that that: (i) the Software Licensed Material will be free from defects in material and workmanship for seven (7) days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); (ii) it has all necessary rights and authority to enter into and perform substantially this Agreement; (iii) Licensee's use of the Licensed Material in accordance with this Agreement and in the form delivered by Blossom (i.e., excluding any accompanying Documentation for modifications, overlays or re-focusing by Licensee) will not infringe on any copyrights or moral rights of any person or entity; and (iv) if a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warrantyrelease is provided by Blossom pursuant to Section 4.1, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Licensor’s and its suppliers’ entire liability and your exclusive remedy shall be, at Licensor’s option, either (i) return Licensee's use of the price paidLicensed Material in accordance with this Agreement and in the form delivered by Blossom (i.e., if anyexcluding any modifications, or (iioverlays or re-focusing by Licensee) repair will not, where a property release is provided, infringe on any trademark or replacement other intellectual property right and/or will not, where a model release is provided, violate any right of the Software that does not meet Licensor’s Limited Warranty and which is returned to Licensor with a copy privacy or right of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longerpublicity. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR 5.2 BLOSSOM DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR MAKE ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE REGARDING THE LICENSED MATERIAL OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIEDDELIVERY SYSTEMS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLOSSOM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SATISFACTORY QUALITYSPECIAL, INFORMATIONAL CONTENT INDIRECT, CONSEQUENTIAL, INCIDENTAL OR ACCURACYOTHER SIMILAR DAMAGES, QUIET ENJOYMENTCOSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, TITLE AND NON- INFRINGEMENTEVEN IF BLOSSOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITH REGARD COSTS OR LOSSES. BLOSSOM SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING OUT OF OR AS A RESULT OF MODIFICATIONS MADE TO THE Software, AND LICENSED MATERIAL BY LICENSEE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, CONTEXT IN WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTIONLICENSED MATERIAL IS USED IN A LICENSEE WORK.

Warranty and Limitation of Liability. (a) Limited Warranty and Customer Remedies. Licensor SFX warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement subscription that (i) any of the Software products listed in the subscription will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. LicensorSoftware FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at LicensorSoftware FX’s option, either (i) return of the price paid, if any, or or (ii) repair or replacement of the Software that does not meet LicensorSoftware FX’s Limited Warranty and which is returned to Licensor Software FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) . This limited warranty does not apply to Evaluation and/or Pre-release Software. No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR SFX OR ITS SUPPLIER’S BREACH OF WARRANTY. LICENSOR DOES SFX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR SFX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SFX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- NON-INFRINGEMENT, WITH REGARD TO THE SoftwareSOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ STATE/JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SFX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SFX’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, SFX’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between SFX and you. SFX will indemnify and hold you harmless and will defend or settle any claim, suit or proceeding brought against you by a third party that is based upon a claim that any of the products contained in the subscription and that you are actively using infringes a copyright or violates an intellectual or proprietary right protected by United States (“Claim”), but only to the extent the Claim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided. You must notify SFX in writing of any Claim within ten (10) business days after you first receive notice of the Claim, and you shall provide to SFX at no cost with such assistance and cooperation as SFX may reasonably request from time to time in connection with the defense of the Claim. SFX shall have sole control over any Claim (including, without limitation, the selection of counsel and the right to settle on your behalf on any terms SFX deems desirable in the sole exercise of its discretion). You may, at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. SFX shall pay actual damages, costs, and attorney fees awarded against you (or payable by you pursuant to a settlement agreement) in connection with a Claim to the extent such direct damages and costs are not reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase price of the Software. If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of SFX’s legal counsel the Software is likely to become the subject of a Claim, SFX shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Software or obtain a license to continue using the Software. If in the opinion of SFX’s legal counsel the Claim, the injunction or potential Claim cannot be resolved through reasonable modification or licensing, SFX, at its own election, may terminate this Software License Agreement without penalty, and will refund to you on a pro rata basis any fees paid in advance by you to SFX. THE FOREGOING CONSTITUTES SFX’S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply to infringements that would not be such, except for customer-supplied elements.

Warranty and Limitation of Liability. (a) Limited Warranty 6.1 This Agreement and Customer Remediesall inspection reports executed under this Agreement shall not form a part of any warranty for the Project. 6.2 WBAC warrants that its work will be performed in a good and workmanlike manner and in a manner consistent with industry standards. Licensor WBAC warrants that its inspection is good for 30 days after the last date of each inspection occurrence; provided, however, that Client understands and agrees that any inspection results relate only to conditions observed at the time the inspection takes place, and may not be relied upon if and to the person extent that there are subsequent material changes in circumstances that affect the Systems or entity that first purchases a license for use of the Software pursuant to Systems are otherwise modified or damaged after the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Licensor’s and its suppliers’ entire liability and your exclusive remedy shall be, at Licensor’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Licensor’s Limited Warranty and which inspection is returned to Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWAREcompleted. EXCEPT FOR THE FOREGOING LIMITED WARRANTYAS SET FORTH IN THIS SECTION 8.2, AND FOR ANY WARRANTYWBAC MAKES NO REPRESENTATIONS, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO GUARANTEES OF ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONSKIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYOR OTHERWISE. 6.3 Limitation of Liability. IN NO EVENT SHALL WBAC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, INFORMATIONAL CONTENT REVENUE, OR ACCURACYPROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, QUIET ENJOYMENTOR FOR ANY CONSEQUENTIAL, TITLE INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND NON- INFRINGEMENT, WITH REGARD TO WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE SoftwarePOSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE PROVISION FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL WBAC’S AGGREGATE LIABILITY ARISING OUT OF OR FAILURE RELATED TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERSAGREEMENT, WHICH VARY FROM STATE/JURISDICTION WHETHER ARISING OUT OF OR RELATED TO STATE/ JURISDICTIONBREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO WBAC FOR THE PROJECT PURSUANT TO THIS AGREEMENT.