Common use of WARRANTY DISCLAIMER; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. AssetWorks represents that it has the right to grant right of use of the Software to Customer as provided in Section 2. During the warranty period as defined in 8 D, AssetWorks further warrants that the Software will conform to the specifications published by AssetWorks or provided by AssetWorks to Customer in the Documentation. In the event the Software fails to conform to the Documentation, AssetWorks’ sole obligation shall be to correct the errors in accordance with the provisions of this Section 8 D. B. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the AssetWorks Software infringes a patent or copyright, and AssetWorks will pay those costs and damages finally awarded against Customer in any such action that are attributable to any such claim, but such defense and payments are conditioned on the following: (i) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (ii) that AssetWorks shall have sole control of the defence of any action on such claim and all negotiations for its settlement or compromise; (iii) should the Software become, or in AssetWorks’ opinion is likely to become, the subject of a claim of infringement of a patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (i) procure for Customer a non-infringing license to use the Software; (ii) modify the Software so that it becomes non-infringing; (iii) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year from the date of receipt of the Software, which the parties agree shall be three (3) years. AssetWorks shall have no liability to Customer under any provision of this clause with respect to any claim of patent or copyright infringement that is based on Customer's unauthorised use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. C. Customer agrees to defend and hold AssetWorks harmless against any claims made by any third-party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or wilful misconduct of AssetWorks. D. The warranty period for the Software shall extend for a period of ninety (90) days from the date of delivery of the Software. During the warranty period, in the event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: i. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are required to correct the error with due dispatch. ii. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the Customer in accordance with AssetWorks’ normal Software revision schedule. E. AssetWorks does not warrant third-party software. Warranties, if any, for third-party software is passed through to Customer. F. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into the Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASSETWORKS, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY ADDITIONAL REPRESENTATIONS, ASSURANCES, WARRANTY, OR IN ANY WAY INCREASE THE SCOPE THIS AGREEMENT. SUCH WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE SO LONG AS ASSETWORKS IS MAKING GOOD FAITH EFFORTS TO CORRECT DEFECTS OR FAILURES UNDER THE TERMS OF THE WARRANTY. NEITHER ASSETWORKS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ASSETWORKS SOFTWARE SHALL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE ASSETWORKS SOFTWARE EVEN IF ASSETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. G. IN NO CASE SHALL ASSETWORKS’ AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY RECEIVED BY ASSETWORKS PURSUANT TO THIS AGREEMENT DURING THE PREVIOUS TWELVE (12) MONTH PERIOD. THE PARTIES AGREE TO THE FOREGOING LIABILITY RISK ALLOCATION. ANY CLAIM BY CUSTOMER AGAINST ASSETWORKS RELATING TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO ASSETWORKS WITHIN SIX (6) MONTHS AFTER THE DATE ON WHICH THIS AGREEMENT EXPIRES OR IS OTHERWISE TERMINATED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. AssetWorks represents that it has the right 6.1 The limited warranty provided by Parazero to grant right of use Delta in respect of the Software Products under this Agreement shall be Parazero’s standard warranty as shall be in effect from time to Customer as provided time. Other than set forth in Section 2the standard warranty, Parazero makes no warranties, representations or guarantees that operation of the Products shall be uninterrupted or error free. During the warranty period as defined in 8 D, AssetWorks further warrants Parazero’s sole liability is that the Software will conform Products shall comply with its specifications and configurations. 6.2 Any warranty made by Delta to the specifications published its customers or any third parties is made by AssetWorks Delta alone and shall not bind Parazero or provided be deemed or considered as having been made by AssetWorks to Customer in the Documentation. In the event the Software fails to conform to the Documentation, AssetWorks’ sole obligation Parazero and service of any such warranty shall be to correct the errors sole responsibility of Delta. Nothing in accordance with the provisions of this Section 8 D. B. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it Agreement is based on a claim that the AssetWorks Software infringes a patent or copyright, and AssetWorks will pay those costs and damages finally awarded against Customer in any such action that are attributable to any such claim, but such defense and payments are conditioned on the followingshall be construed as: (i) any warranty or representation by Parazero that AssetWorks shall anything made, used, sold or otherwise disposed of under the rights granted pursuant to this Agreement is or will be promptly notified in writing by Customer following its receipt free from infringement of any such claimpatents, copyrights and other rights of third parties; or (ii) that AssetWorks an obligation on the part of Parazero to bring or prosecute actions or suits against third parties for infringement. 6.3 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS ARE SOLD HEREUNDER “AS IS”. PARAZERO MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6.4 Parazero shall have sole control of the defence not bear any liability, whether based on contract, torts (including negligence) or any other legal theory, for incidental, consequential, indirect, special or punitive damages of any action on such claim and all negotiations for its settlement or compromise; (iii) should the Software becomekind, or in AssetWorks’ opinion is likely to becomefor loss of revenue or profits, the subject loss of a claim of infringement of a patent business or copyrightany other damages that are not direct, then Customer shall permit AssetWorks, at its option and expense, either to (i) procure for Customer a non-infringing license to use the Software; (ii) modify the Software so that it becomes non-infringing; (iii) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year from the date of receipt of the Software, which the parties agree shall be three (3) years. AssetWorks shall have no liability to Customer under any provision of this clause with respect to any claim of patent or copyright infringement that is based on Customer's unauthorised use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. C. Customer agrees to defend and hold AssetWorks harmless against any claims made by any third-party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or wilful misconduct of AssetWorks. D. The warranty period for the Software shall extend for a period of ninety (90) days from the date of delivery of the Software. During the warranty period, in the event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: i. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are required to correct the error connection with due dispatch. ii. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the Customer in accordance with AssetWorks’ normal Software revision schedule. E. AssetWorks does not warrant third-party software. Warranties, if any, for third-party software is passed through to Customer. F. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into the this Agreement or any collateral contractthe performance or breach hereof. Such limitation of liability shall also apply to Parazero’s employees, whether by statutedirectors, common law officers, agents or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASSETWORKS, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY ADDITIONAL REPRESENTATIONS, ASSURANCES, WARRANTY, OR IN ANY WAY INCREASE THE SCOPE THIS AGREEMENT. SUCH WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE SO LONG AS ASSETWORKS IS MAKING GOOD FAITH EFFORTS TO CORRECT DEFECTS OR FAILURES UNDER THE TERMS OF THE WARRANTY. NEITHER ASSETWORKS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ASSETWORKS SOFTWARE SHALL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE ASSETWORKS SOFTWARE EVEN IF ASSETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESrepresentatives. G. IN NO CASE SHALL ASSETWORKS’ AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY RECEIVED BY ASSETWORKS PURSUANT TO THIS AGREEMENT DURING THE PREVIOUS TWELVE (12) MONTH PERIOD. THE PARTIES AGREE TO THE FOREGOING LIABILITY RISK ALLOCATION. ANY CLAIM BY CUSTOMER AGAINST ASSETWORKS RELATING TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO ASSETWORKS WITHIN SIX (6) MONTHS AFTER THE DATE ON WHICH THIS AGREEMENT EXPIRES OR IS OTHERWISE TERMINATED.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. AssetWorks represents 8.1 Once Customer has complied with the agreed terms of payment, CERTUS warrants, subject to the conditions hereunder, that it has at the right to grant right time of use delivery of the Software Products to Customer or usage of the Products, whatever occurs first, they will conform to CERTUS’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as provided “Acceptance”). As Customer’s exclusive remedy, CERTUS will use its best efforts to either repair, replace, or refund the purchase price for any Product found by CERTUS to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in Section 2. During writing to CERTUS information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by CERTUS, in accordance with CERTUS’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in CERTUS catalogues, advertisements, or other promotional materials or statements or representations made by CERTUS’s employees or sales representatives are for general informational purposes only and are not binding upon CERTUS. No employee or sales representative of CERTUS shall have any authority whatsoever to establish, expand or otherwise modify CERTUS's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as defined fire, storm, or flood. CERTUS shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or in 8 Dconnection with the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as CERTUS is willing and able to repair, AssetWorks further warrants replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer. 8.2 Unless special warranty periods operate for individual items, the warranty period shall be twelve (12) months. The warranty period for software shall be ninety (90) days. These conditions shall also apply to any goods supplied, or services rendered in respect of Products supplied, that are firmly attached to buildings or the Software will conform ground. The warranty period begins at the point of passage of risk pursuant to clause 6 of these Terms. 8.3 The warranty, as set forth in clause 8.1, is subject to the specifications published by AssetWorks or provided by AssetWorks following conditions: a) the warranty is only valid within the country where the Products are purchased; b) the Products must be correctly installed and operated in accordance to Customer the documentation and instructions given in the Documentation. In user manuals and during the event operational and administrative training sessions for the Software fails to conform to Products, if applicable; c) the Documentation, AssetWorks’ sole obligation shall be to correct warranty only covers the errors in accordance with main unit of the provisions of this Section 8 D. B. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the AssetWorks Software infringes a patent or copyrightProduct, and AssetWorks does not cover any accessories (e.g. batteries); d) the warranty does not cover the damage caused by normal wear and tear, misuse, negligence, accident and natural disaster; e) the warranty will pay those costs and damages finally awarded against be rendered invalid if the Products are resold or have been damaged by modifications/repairs by any parties other than CERTUS. CERTUS disclaims any liability for incidental or consequential damages; f) Customer in must consult CERTUS’s Support Desk before returning any such action that are attributable to Product or component hereof, or requesting replacement and/ or repair. CERTUS is not responsible for any such claim, but such defense and payments are conditioned on the following: (i) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (ii) that AssetWorks shall have sole control unexpected returns of the defence of any action on such claim Products or components hereof; and g) Customer and all negotiations for its settlement CERTUS must have signed a valid Service Level Agreement(SLA). 8.4 For improved or compromise; (iii) should the Software become, or in AssetWorks’ opinion is likely to becomeexchanged parts, the subject of a claim of infringement of a patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (i) procure for Customer a non-infringing license to use the Software; (ii) modify the Software so that it becomes non-infringing; (iii) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year from the date of receipt of the Software, which the parties agree warranty period shall be three (3) yearsmonths commencing at the point of passage of risk pursuant to clause 6. 8.5 If the delivery and/or the performance of Services is delayed for reasons outside of CERTUS’s control, the warranty period shall begin two (2) weeks after CERTUS is ready to deliver and/or perform Services. 8.6 The foregoing warranty obligations are conditional upon Customer giving notice to CERTUS in writing pursuant to clause 8.1, of any defect that has occurred. AssetWorks In cases of doubt, Customer shall have no liability prove, within a reasonable period, the presence of a defect, in particular, Customer shall make available to CERTUS, within a reasonable period, all material and data in Customer’s possession. 8.7 Any expenses incurred in connection with rectifying defects (e.g. expenses for assembly and disassembly, transport, waste disposal, travel and site-to-quarters time) shall be borne by Customer. For warranty work on Customer’s premises, Customer under shall make available any provision assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required, free of this clause charge. Replaced parts of any Product shall become the property of CERTUS. 8.8 If any Product or component thereof is manufactured by CERTUS on the basis of design data, design drawings, models or other specifications supplied by Customer, CERTUS’s warranty shall be restricted to non-compliance with respect Customers specifications. 8.9 CERTUS’s warranty obligation shall not extend to any claim defects due to assembly and installation work not undertaken by CERTUS, inadequate equipment, or due to noncompliance with installation requirements and operating conditions, overloading of patent or copyright infringement that is based on Customer's unauthorised use or combination parts in excess of the Software with software design values stipulated by CERTUS, negligent or data not supplied by AssetWorks as part of the Software. C. Customer agrees to defend and hold AssetWorks harmless against any claims made by any third-party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or wilful misconduct of AssetWorks. D. The warranty period for the Software shall extend for a period of ninety (90) days from the date of delivery of the Software. During the warranty period, in the event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: i. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are required to correct the error with due dispatch. ii. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the Customer in accordance with AssetWorks’ normal Software revision schedule. E. AssetWorks does not warrant third-party software. Warranties, if any, for third-party software is passed through to Customer. F. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into the Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose faulty handling or the use of inappropriate materials, improper use, nor for defects attributable to material supplied by Customer. Nor shall CERTUS be liable for damage due to acts of third parties, atmospheric discharges, excess voltage and chemical influences. CERTUS’s warranty does not cover the replacement of parts subject to natural wear and tear. CERTUS accepts no warranty for the sale of used Product. 8.10 The warranty shall lapse immediately if, without written consent from CERTUS, Customer or a third party not expressly authorized, undertakes modifications and/or repairs on any Product or components thereof delivered. 8.11 In case of any warranty claim, Customer may withhold payments only to a reasonable skill extent in relation to the defect. Notwithstanding the foregoing, the right to withhold payments shall be excluded if such warranty claim is disputed or is subject to the statute of limitations. If the warranty claim is incorrect, CERTUS shall be entitled to demand reimbursement of all expenses incurred therewith from Customer. 8.12 In respect of any warranty claim under these Terms, Customer must adhere to CERTUS’s Hardware Return and careRepair Policy “RETURN (RMA) PROCEDURE”, which shall be incorporated into these Terms by reference. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASSETWORKSCERTUS reserves the right to change the “Hardware Return and Repair Policy” from time to time. 8.13 EXCEPT AS HEREIN PROVIDED, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY ADDITIONAL REPRESENTATIONS, ASSURANCES, WARRANTY, OR IN ANY WAY INCREASE THE SCOPE THIS AGREEMENT. SUCH WARRANTIES CERTUS SHALL NOT BE DEEMED LIABLE TO HAVE FAILED CUSTOMER IN ANY MANNER WITH RESPECT TO THE PRODUCTS OR SERVICES. THE ABOVE ARE LIMITED WARRANTIES AND THEY ARE THE ONLY WARRANTIES MADE BY CERTUS WITH RESPECT TO THE PRODUCTS AND SERVICES, EXCEPT THAT CERTUS AGREES TO PASS THROUGH ANY WARRANTIES EXTENDED FOR THIRD PARTY PRODUCTS INCORPORATED INTO THE PRODUCTS, IF ANY. CERTUS MAKES AND CUSTOMER RECEIVES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED AND CERTUS DISCLAIMS ALL WARRANTIES OF THEIR ESSENTIAL PURPOSE SO LONG AS ASSETWORKS MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MAKING GOOD FAITH EFFORTS TO CORRECT DEFECTS OR FAILURES UNDER MADE REGARDING THE TERMS OF THE WARRANTY. NEITHER ASSETWORKS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ASSETWORKS SOFTWARE SHALL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR RESULTS OBTAINED BY THE USE OF THE PRODUCTS AND SERVICES, THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED, OR INABILITY THAT THE PRODUCTS' FUNCTIONALITY WILL MEET CUSTOMER’S REQUIREMENTS. IN NO EVENT WILL CERTUS BE LIABLE WITH RESPECT TO USE THE ASSETWORKS SOFTWARE ITS OBLIGATIONS UNDER THESE TERMS FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF ASSETWORKS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. G. . THE STATED EXPRESS WARRANTY IS IN NO CASE SHALL ASSETWORKS’ AGGREGATE LIABILITY LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CERTUS FOR ALL MATTERS DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBJECT MATTER DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS AND SERVICES. IN NO EVENT WILL CERTUS HAVE ANY LIABILITY WHATSOEVER UNDER THESE TERMS TO END USERS OR ANY OTHER THIRD PARTIES OR FOR ANY LOSSES CAUSED BY THIRD PARTIES. THE LIMITATION OF LIABILITIES IN THIS AGREEMENTCLAUSE SHALL NOT OPERATE TO EXCLUDE OR TO LIMIT CERTUS'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF ITS EMPLOYEES OR AGENTS OR FOR FRAUD. NO ACTION OR PROCEEDINGS UNDER THESE TERMS, REGARDLESS OF FORM, MAY BE COMMENCED BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF THE USE OF THE PRODUCTS, AND FOR THE SELECTION OF THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS. CUSTOMER AGREES THAT CERTUS’S LIABILITY IN CONNECTION WITH THE PRODUCTS, WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, WARRANTY OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED PAID BY ASSETWORKS PURSUANT CUSTOMER TO THIS AGREEMENT DURING CERTUS FOR THE PREVIOUS TWELVE (12) MONTH PERIODNON-CONFORMING PRODUCT. CERTUS IS NOT AN INSURER WITH REGARD TO THE PERFORMANCE OF THE PRODUCTS. THE LIMITATIONS OF WARRANTIES, LIABILITIES AND REMEDIES ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES AGREE IN ORDER TO OBTAIN THE FOREGOING LIABILITY PRODUCTS AT THE SPECIFIED PRICE. CUSTOMER AGREES TO ASSUME THE RISK ALLOCATIONFOR: (I) ALL LIABILITIES DISCLAIMED BY CERTUS CONTAINED HEREIN AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE REMEDY PROVIDED HEREUNDER. ANY CLAIM BY THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED TO CUSTOMER AGAINST ASSETWORKS RELATING HEREUNDER IS TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO ASSETWORKS WITHIN SIX (6) MONTHS AFTER ALLOCATE THE DATE ON WHICH THIS AGREEMENT EXPIRES OR IS OTHERWISE TERMINATEDRISKS AS PROVIDED ABOVE. 8.14 If contractual penalties are agreed upon, CERTUS shall not be liable for any claim over and above the same arising from the corresponding titles.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. AssetWorks represents 8.1 Once Customer has complied with the agreed terms of payment, IDENTEC warrants, subject to the conditions hereunder, that it has at the right to grant right time of use delivery of the Software Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as provided “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in Section 2. During writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as defined fire, storm, or flood. IDENTEC shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or in 8 Dconnection with the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC is willing and able to repair, AssetWorks further warrants replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer. 8.2 Unless special warranty periods operate for individual items, the warranty period shall be twelve (12) months. The warranty period for software shall be ninety (90) days. These conditions shall also apply to any goods supplied, or services rendered in respect of Products supplied, that are firmly attached to buildings or the Software will conform ground. The warranty period begins at the point of passage of risk pursuant to clause 6 of these Terms. 8.3 The warranty, as set forth in clause 8.1, is subject to the specifications published by AssetWorks or provided by AssetWorks following conditions: a) the warranty is only valid within the country where the Products are purchased; b) the Products must be correctly installed and operated in accordance to Customer the documentation and instructions given in the Documentation. In user manuals and during the event operational and administrative training sessions for the Software fails to conform to Products, if applicable; c) the Documentation, AssetWorks’ sole obligation shall be to correct warranty only covers the errors in accordance with main unit of the provisions of this Section 8 D. B. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the AssetWorks Software infringes a patent or copyrightProduct, and AssetWorks does not cover any accessories (e.g. batteries); d) the warranty does not cover the damage caused by normal wear and tear, misuse, negligence, accident and natural disaster; e) the warranty will pay those costs and damages finally awarded against be rendered invalid if the Products are resold or have been damaged by modifications/repairs by any parties other than IDENTEC. IDENTEC disclaims any liability for incidental or consequential damages; f) Customer in must consult IDENTEC’s Support Desk before returning any such action that are attributable to Product or component hereof, or requesting replacement and/ or repair. IDENTEC is not responsible for any such claim, but such defense and payments are conditioned on the following: (i) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (ii) that AssetWorks shall have sole control unexpected returns of the defence of any action on such claim Products or components hereof; and g) Customer and all negotiations for its settlement IDENTEC must have signed a valid Support and Maintenance Agreement (“SMA”). 8.4 For improved or compromise; (iii) should the Software become, or in AssetWorks’ opinion is likely to becomeexchanged parts, the subject of a claim of infringement of a patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (i) procure for Customer a non-infringing license to use the Software; (ii) modify the Software so that it becomes non-infringing; (iii) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year from the date of receipt of the Software, which the parties agree warranty period shall be three (3) yearsmonths commencing at the point of passage of risk pursuant to clause 6. 8.5 If the delivery and/or the performance of Services is delayed for reasons outside of IDENTEC’s control, the warranty period shall begin two (2) weeks after IDENTEC is ready to deliver and/or perform Services. 8.6 The foregoing warranty obligations are conditional upon Customer giving notice to IDENTEC in writing pursuant to clause 8.1, of any defect that has occurred. AssetWorks In cases of doubt, Customer shall have no liability prove, within a reasonable period, the presence of a defect, in particular, Customer shall make available to IDENTEC, within a reasonable period, all material and data in Customer’s possession. 8.7 Any expenses incurred in connection with rectifying defects (e.g. expenses for assembly and disassembly, transport, waste disposal, travel and site-to-quarters time) shall be borne by Customer. For warranty work on Customer’s premises, Customer under shall make available any provision assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required, free of this clause charge. Replaced parts of any Product shall become the property of IDENTEC. 8.8 If any Product or component thereof is manufactured by IDENTEC on the basis of design data, design drawings, models or other specifications supplied by Customer, IDENTEC’s warranty shall be restricted to non-compliance with respect Customers specifications. 8.9 IDENTEC’s warranty obligation shall not extend to any claim defects due to assembly and installation work not undertaken by IDENTEC, inadequate equipment, or due to non- compliance with installation requirements and operating conditions, overloading of patent or copyright infringement that is based on Customer's unauthorised use or combination parts in excess of the Software with software design values stipulated by IDENTEC, negligent or data not supplied by AssetWorks as part of the Software. C. Customer agrees to defend and hold AssetWorks harmless against any claims made by any third-party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or wilful misconduct of AssetWorks. D. The warranty period for the Software shall extend for a period of ninety (90) days from the date of delivery of the Software. During the warranty period, in the event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: i. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are required to correct the error with due dispatch. ii. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the Customer in accordance with AssetWorks’ normal Software revision schedule. E. AssetWorks does not warrant third-party software. Warranties, if any, for third-party software is passed through to Customer. F. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into the Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose faulty handling or the use of inappropriate materials, improper use, nor for defects attributable to material supplied by Customer. Nor shall IDENTEC be liable for damage due to acts of third parties, atmospheric discharges, excess voltage and chemical influences. IDENTEC’s warranty does not cover the replacement of parts subject to natural wear and tear. IDENTEC accepts no warranty for the sale of used Product. 8.10 The warranty shall lapse immediately if, without written consent from IDENTEC, Customer or a third party not expressly authorized, undertakes modifications and/or repairs on any Product or components thereof delivered. 8.11 In case of any warranty claim, Customer may withhold payments only to a reasonable skill extent in relation to the defect. Notwithstanding the foregoing, the right to withhold payments shall be excluded if such warranty claim is disputed or is subject to the statute of limitations. If the warranty claim is incorrect, IDENTEC shall be entitled to demand reimbursement of all expenses incurred therewith from Customer. 8.12 In respect of any warranty claim under these Terms, Customer must adhere to IDENTEC’s “Hardware Return and care. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASSETWORKSRepair Policy”, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY ADDITIONAL REPRESENTATIONSwhich shall be incorporated into these Terms by reference (for details please visit IDENTEC’s website under h ttps://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇▇▇▇▇▇/. IDENTEC reserves the right to change the „Hardware Return and Repair Policy” from time to time. 8.13 EXCEPT AS HEREIN PROVIDED, ASSURANCES, WARRANTY, OR IN ANY WAY INCREASE THE SCOPE THIS AGREEMENT. SUCH WARRANTIES IDENTEC SHALL NOT BE DEEMED LIABLE TO HAVE FAILED CUSTOMER IN ANY MANNER WITH RESPECT TO THE PRODUCTS OR SERVICES. THE ABOVE ARE LIMITED WARRANTIES AND THEY ARE THE ONLY WARRANTIES MADE BY IDENTEC WITH RESPECT TO THE PRODUCTS AND SERVICES, EXCEPT THAT IDENTEC AGREES TO PASS THROUGH ANY WARRANTIES EXTENDED FOR THIRD PARTY PRODUCTS INCORPORATED INTO THE PRODUCTS, IF ANY. IDENTEC MAKES AND CUSTOMER RECEIVES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED AND IDENTEC DISCLAIMS ALL WARRANTIES OF THEIR ESSENTIAL PURPOSE SO LONG AS ASSETWORKS MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MAKING GOOD FAITH EFFORTS TO CORRECT DEFECTS OR FAILURES UNDER MADE REGARDING THE TERMS OF THE WARRANTY. NEITHER ASSETWORKS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ASSETWORKS SOFTWARE SHALL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR RESULTS OBTAINED BY THE USE OF THE PRODUCTS AND SERVICES, THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED, OR INABILITY THAT THE PRODUCTS' FUNCTIONALITY WILL MEET CUSTOMER’S REQUIREMENTS. IN NO EVENT WILL IDENTEC BE LIABLE WITH RESPECT TO USE THE ASSETWORKS SOFTWARE ITS OBLIGATIONS UNDER THESE TERMS FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF ASSETWORKS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. G. . THE STATED EXPRESS WARRANTY IS IN NO CASE SHALL ASSETWORKS’ AGGREGATE LIABILITY LIEU OF ALL LIABILITIES OR OBLIGATIONS OF IDENTEC FOR ALL MATTERS DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBJECT MATTER DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS AND SERVICES. IN NO EVENT WILL IDENTEC HAVE ANY LIABILITY WHATSOEVER UNDER THESE TERMS TO END USERS OR ANY OTHER THIRD PARTIES OR FOR ANY LOSSES CAUSED BY THIRD PARTIES. THE LIMITATION OF LIABILITIES IN THIS AGREEMENTCLAUSE SHALL NOT OPERATE TO EXCLUDE OR TO LIMIT IDENTEC'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF ITS EMPLOYEES OR AGENTS OR FOR FRAUD. NO ACTION OR PROCEEDINGS UNDER THESE TERMS, REGARDLESS OF FORM, MAY BE COMMENCED BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF THE USE OF THE PRODUCTS, AND FOR THE SELECTION OF THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS. CUSTOMER AGREES THAT IDENTEC’S LIABILITY IN CONNECTION WITH THE PRODUCTS, WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, WARRANTY OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED PAID BY ASSETWORKS PURSUANT CUSTOMER TO THIS AGREEMENT DURING IDENTEC FOR THE PREVIOUS TWELVE (12) MONTH PERIODNON-CONFORMING PRODUCT. IDENTEC IS NOT AN INSURER WITH REGARD TO THE PERFORMANCE OF THE PRODUCTS. THE LIMITATIONS OF WARRANTIES, LIABILITIES AND REMEDIES ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES AGREE IN ORDER TO OBTAIN THE FOREGOING LIABILITY PRODUCTS AT THE SPECIFIED PRICE. CUSTOMER AGREES TO ASSUME THE RISK ALLOCATIONFOR: (I) ALL LIABILITIES DISCLAIMED BY IDENTEC CONTAINED HEREIN AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE REMEDY PROVIDED HEREUNDER. ANY CLAIM BY THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED TO CUSTOMER AGAINST ASSETWORKS RELATING HEREUNDER IS TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO ASSETWORKS WITHIN SIX (6) MONTHS AFTER ALLOCATE THE DATE ON WHICH THIS AGREEMENT EXPIRES OR IS OTHERWISE TERMINATEDRISKS AS PROVIDED ABOVE. 8.14 If contractual penalties are agreed upon, IDENTEC shall not be liable for any claim over and above the same arising from the corresponding titles.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. A. AssetWorks represents 8.1 Once Customer has complied with the agreed terms of payment, IDENTEC warrants, subject to the conditions hereunder, that it has at the right to grant right time of use delivery of the Software Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as provided “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in Section 2. During writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as defined fire, storm, or flood. IDENTEC shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or in 8 Dconnection with the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC is willing and able to repair, AssetWorks further warrants replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer. 8.2 Unless special warranty periods operate for individual items, the warranty period shall be twelve (12) months. The warranty period for software shall be ninety (90) days. These conditions shall also apply to any goods supplied, in respect of Products supplied, that are firmly attached to buildings or the Software will conform ground. The warranty period begins at the point of passage of risk pursuant to clause 6 of these Terms. Notwithstanding the preceding sentence, the warranty period alternatively begins upon the acceptance of the Solution sold from IDENTEC to the specifications published Buyer. Solution means a range of services, including, in particular, the supply of hardware, software and corresponding installation services from IDENTEC. The acceptance of the Solution is subject to the System Acceptance Test (“SAT”), which shall be jointly conducted by AssetWorks or the parties on the basis of a template provided by AssetWorks to Customer in the DocumentationIDENTEC. In the event of the Software SAT requiring the Buyer to cooperate and the Buyer fails to conform duly cooperate with IDENTEC by reason solely attributable to the DocumentationBuyer, AssetWorks’ sole obligation the Solution, however, shall be deemed accepted upon prior notification by IDENTEC and seven working days after receipt of a reminder to correct cooperate with IDENTEC as aforementioned. 8.3 The warranty, as set forth in clause 8.1, is subject to the errors following conditions: a) the warranty is only valid within the country where the Products are purchased; b) the Products must be correctly installed and operated in accordance with the provisions of this Section 8 D. B. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that documentation and instructions given in the AssetWorks Software infringes a patent or copyrightuser manuals and during the operational and administrative training sessions for the Products, if applicable; c) the warranty only covers the main unit of the Product, and AssetWorks does not cover any accessories (e.g. batteries); d) the warranty does not cover the damage caused by normal wear and tear, misuse, negligence, accident and natural disaster; e) the warranty will pay those costs and damages finally awarded against be rendered invalid if the Products are resold or have been damaged by modifications/repairs by any parties other than IDENTEC. IDENTEC disclaims any liability for incidental or consequential damages; f) Customer in must consult IDENTEC’s Support Desk before returning any such action that are attributable to Product or component hereof, or requesting replacement and/ or repair. IDENTEC is not responsible for any such claim, but such defense and payments are conditioned on the following: (i) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (ii) that AssetWorks shall have sole control unexpected returns of the defence of any action on such claim Products or components hereof; and g) Customer and all negotiations for its settlement IDENTEC must have signed a valid Support and Maintenance Agreement (“SMA”). 8.4 For improved or compromise; (iii) should the Software become, or in AssetWorks’ opinion is likely to becomeexchanged parts, the subject of a claim of infringement of a patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (i) procure for Customer a non-infringing license to use the Software; (ii) modify the Software so that it becomes non-infringing; (iii) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year from the date of receipt of the Software, which the parties agree warranty period shall be three (3) yearsmonths commencing at the point of passage of risk pursuant to clause 6. 8.5 If the delivery and/or the performance of Services is delayed for reasons outside of IDENTEC’s control, the warranty period shall begin two (2) weeks after IDENTEC is ready to deliver and/or perform Services. 8.6 The foregoing warranty obligations are conditional upon Customer giving notice to IDENTEC in writing pursuant to clause 8.1, of any defect that has occurred. AssetWorks In cases of doubt, Customer shall have no liability prove, within a reasonable period, the presence of a defect, in particular, Customer shall make available to IDENTEC, within a reasonable period, all material and data in Customer’s possession. 8.7 Any expenses incurred in connection with rectifying defects (e.g. expenses for assembly and disassembly, transport, waste disposal, travel and site-to-quarters time) shall be borne by Customer. For warranty work on Customer’s premises, Customer under shall make available any provision assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required, free of this clause charge. Replaced parts of any Product shall become the property of IDENTEC. 8.8 If any Product or component thereof is manufactured by IDENTEC on the basis of design data, design drawings, models or other specifications supplied by Customer, IDENTEC’s warranty shall be restricted to non-compliance with respect Customers specifications. 8.9 IDENTEC’s warranty obligation shall not extend to any claim defects due to assembly and installation work not undertaken by IDENTEC, inadequate equipment, or due to non- compliance with installation requirements and operating conditions, overloading of patent or copyright infringement that is based on Customer's unauthorised use or combination parts in excess of the Software with software design values stipulated by IDENTEC, negligent or data not supplied by AssetWorks as part of the Software. C. Customer agrees to defend and hold AssetWorks harmless against any claims made by any third-party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or wilful misconduct of AssetWorks. D. The warranty period for the Software shall extend for a period of ninety (90) days from the date of delivery of the Software. During the warranty period, in the event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: i. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are required to correct the error with due dispatch. ii. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the Customer in accordance with AssetWorks’ normal Software revision schedule. E. AssetWorks does not warrant third-party software. Warranties, if any, for third-party software is passed through to Customer. F. All other conditions, warranties or other terms which might have effect between the Parties or be implied or incorporated into the Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose faulty handling or the use of inappropriate materials, improper use, nor for defects attributable to material supplied by Customer. Nor shall IDENTEC be liable for damage due to acts of third parties, atmospheric discharges, excess voltage and chemical influences. IDENTEC’s warranty does not cover the replacement of parts subject to natural wear and tear. IDENTEC accepts no warranty for the sale of used Product. 8.10 The warranty shall lapse immediately if, without written consent from IDENTEC, Customer or a third party not expressly authorized, undertakes modifications and/or repairs on any Product or components thereof delivered. 8.11 In case of any warranty claim, Customer may withhold payments only to a reasonable skill extent in relation to the defect. Notwithstanding the foregoing, the right to withhold payments shall be excluded if such warranty claim is disputed or is subject to the statute of limitations. If the warranty claim is incorrect, IDENTEC shall be entitled to demand reimbursement of all expenses incurred therewith from Customer. 8.12 In respect of any warranty claim under these Terms, Customer must adhere to IDENTEC’s “Hardware Return and careRepair Policy”, which shall be incorporated into these Terms by reference (for details please visit IDENTEC’s website under ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASSETWORKSIDENTEC reserves the right to change the „Hardware Return and Repair Policy” from time to time. 8.13 EXCEPT AS HEREIN PROVIDED, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY ADDITIONAL REPRESENTATIONS, ASSURANCES, WARRANTY, OR IN ANY WAY INCREASE THE SCOPE THIS AGREEMENT. SUCH WARRANTIES IDENTEC SHALL NOT BE DEEMED LIABLE TO HAVE FAILED CUSTOMER IN ANY MANNER WITH RESPECT TO THE PRODUCTS OR SERVICES. THE ABOVE ARE LIMITED WARRANTIES AND THEY ARE THE ONLY WARRANTIES MADE BY IDENTEC WITH RESPECT TO THE PRODUCTS AND SERVICES, EXCEPT THAT IDENTEC AGREES TO PASS THROUGH ANY WARRANTIES EXTENDED FOR THIRD PARTY PRODUCTS INCORPORATED INTO THE PRODUCTS, IF ANY. IDENTEC MAKES AND CUSTOMER RECEIVES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED AND IDENTEC DISCLAIMS ALL WARRANTIES OF THEIR ESSENTIAL PURPOSE SO LONG AS ASSETWORKS MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MAKING GOOD FAITH EFFORTS TO CORRECT DEFECTS OR FAILURES UNDER MADE REGARDING THE TERMS OF THE WARRANTY. NEITHER ASSETWORKS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ASSETWORKS SOFTWARE SHALL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR RESULTS OBTAINED BY THE USE OF THE PRODUCTS AND SERVICES, THAT ALL ERRORS IN THE PRODUCTS WILL BE CORRECTED, OR INABILITY THAT THE PRODUCTS' FUNCTIONALITY WILL MEET CUSTOMER’S REQUIREMENTS. IN NO EVENT WILL IDENTEC BE LIABLE WITH RESPECT TO USE THE ASSETWORKS SOFTWARE ITS OBLIGATIONS UNDER THESE TERMS FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF ASSETWORKS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. G. . THE STATED EXPRESS WARRANTY IS IN NO CASE SHALL ASSETWORKS’ AGGREGATE LIABILITY LIEU OF ALL LIABILITIES OR OBLIGATIONS OF IDENTEC FOR ALL MATTERS DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBJECT MATTER DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS AND SERVICES. IN NO EVENT WILL IDENTEC HAVE ANY LIABILITY WHATSOEVER UNDER THESE TERMS TO END USERS OR ANY OTHER THIRD PARTIES OR FOR ANY LOSSES CAUSED BY THIRD PARTIES. THE LIMITATION OF LIABILITIES IN THIS AGREEMENTCLAUSE SHALL NOT OPERATE TO EXCLUDE OR TO LIMIT IDENTEC'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF ITS EMPLOYEES OR AGENTS OR FOR FRAUD. NO ACTION OR PROCEEDINGS UNDER THESE TERMS, REGARDLESS OF FORM, MAY BE COMMENCED BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF THE USE OF THE PRODUCTS, AND FOR THE SELECTION OF THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS. CUSTOMER AGREES THAT IDENTEC’S LIABILITY IN CONNECTION WITH THE PRODUCTS, WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, WARRANTY OR ANY OTHER LEGAL THEORY SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED PAID BY ASSETWORKS PURSUANT CUSTOMER TO THIS AGREEMENT DURING IDENTEC FOR THE PREVIOUS TWELVE (12) MONTH PERIODNON-CONFORMING PRODUCT. IDENTEC IS NOT AN INSURER WITH REGARD TO THE PERFORMANCE OF THE PRODUCTS. THE LIMITATIONS OF WARRANTIES, LIABILITIES AND REMEDIES ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES AGREE IN ORDER TO OBTAIN THE FOREGOING LIABILITY PRODUCTS AT THE SPECIFIED PRICE. CUSTOMER AGREES TO ASSUME THE RISK ALLOCATIONFOR: (I) ALL LIABILITIES DISCLAIMED BY IDENTEC CONTAINED HEREIN AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE REMEDY PROVIDED HEREUNDER. ANY CLAIM BY THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED TO CUSTOMER AGAINST ASSETWORKS RELATING HEREUNDER IS TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO ASSETWORKS WITHIN SIX (6) MONTHS AFTER ALLOCATE THE DATE ON WHICH THIS AGREEMENT EXPIRES OR IS OTHERWISE TERMINATEDRISKS AS PROVIDED ABOVE. 8.14 If contractual penalties are agreed upon, IDENTEC shall not be liable for any claim over and above the same arising from the corresponding titles.