Common use of Warranty Liability Clause in Contracts

Warranty Liability. 5.1 Limited Warranty. DELL WARRANTS THAT DURING THE TERM OF THIS AGREEMENT, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER DELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENT.

Warranty Liability. 5.1 Limited Warranty9.1 Secure Airbus World, including any and all of its supporting elements and content, the System, the Database and Airbus Data, are provided “as is” and “as available”. DELL WARRANTS THAT DURING THE TERM AVA - A320 Family PA AMENDED AND RESTATED 9.2 ANACS HAS RECEIVED NO WARRANTY OF THIS AGREEMENT, THE SERVICE SHALL SUBSTANTIALLY CONFORM ANY KIND FROM AIRBUS AND ANACS MAKES NO WARRANTY OF ANY KIND TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES COMPANY WITH RESPECT TO PRODUCTSTHE SECURE AIRBUS/WORLD, THE AIRBUS DATA, THE DATABASE OR THE SYSTEM. THE COMPANY HEREBY WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES OF ANACS OR AIRBUS AND ALL RIGHTS, CLAIMS OR REMEDIES OF THE COMPANY AGAINST ANACS OR AIRBUS, WHETHER EXPRESS OR IMPLIED BY CONTRACT, TORT OR STATUTORY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMIITY OR DEFECT OR PROBLEM OF ANY KIND IN THE SECURE AIRBUS/WORLD (INCLUDING BUT WILL PASS THROUGH WARRANTIES NOT LIMITED TO FAILURE, INTERRUPTION OR UNAVAILABILITY OF THE SECURE AIRBUS/WORLD FOR ANY PERIOD OF TIME), THE AIRBUS DATA, THE DATABASE OR THE SYSTEM ACCESSED OR USED PURSUANT TO THE AGREEMENT, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED OR EXPRESS WARRANTY ARISING FROM THE APPLICABLE THIRD PARTY VENDORCOURSEOF PERFORMANCE, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, COURSE OF DEALING OR USAGE OF TRADE; (B) ANY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED.PURPOSE; 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER DELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS ANY EXPRESS OR IMPLIED WARRANTY OF BUSINESS OPPORTUNITYMERCHANTABILITY. 9.3 Access to and use of Secure Airbus/World are at the Company’s sole risk and responsibility and neither ANACS nor Airbus shall be liable to the Company for damages based on of claims by third parties arising out of or in connection with access or use of Secure Airbus/World, OR including claims for computer intrusions, security failures, or unavailability of the Services. In no event will ANACS or Airbus or the successors and assigns of any of them be liable to the Company for losses sustained by the Company, whether direct or indirect, including, without limitation, loss of data or programs, loss of use, financial loss, any deterioration or infection by viruses of the Company’s information technology equipment (Dincluding but not limited to software, hardware, connections and any system or network). 9.4 Without prejudice to the immediately preceding provision, in the event of a claim by a third party that Secure airbus World or its contents, infringes on such third party’s intellectual property rights, ANACS will, and will cause Airbus to, assist the Company in the defense of such claims by promptly responding to any reasonable request of the Company for information related to such claim, provided the Company notifies ANACS in writing of any such claim within fifteen (15) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENTdays as from the date it has knowledge of the latter.

Warranty Liability. 5.1 Limited Warranty. DELL WARRANTS THAT DURING 8.1 Wipro represents and warrants that: (i) it has the authority to enter into this Agreement with the Licensee; (ii) to the best of Wipro’s knowledge, Software does not, at the time of delivery to the Licensee, contain any malicious code that could adversely affect the current operation, security or integrity of a system; (iii) support services will be performed in a professional and workmanlike manner by a qualified personnel; and (iv) the Software is presently not subject to any such claim or claims for infringement, and if Wipro becomes aware of any such claim or any facts upon which such a claim could be based, Wipro will promptly notify Company. 8.2 EXCEPT AS SET FORTH ABOVE, TO THE TERM OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIPRO MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO LICENSEE UNDER THIS AGREEMENT, INCLUDING SUPPORT. SPECIFICALLY, WIPRO DOES NOT WARRANT THAT THE SERVICE SHALL SUBSTANTIALLY CONFORM SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME GREATEST EXTENT ALLOWED BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITSLAW, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, WIPRO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENTMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY(EVEN IF WIPRO HAD BEEN INFORMED OF SUCH PURPOSE) AND NON- INFRINGEMENT WITH RESPECT TO THE SOFTWARE DOCUMENTATION AND SUPPORT, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN AND WITH RESPECT TO THE FIRST SENTENCE USE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE OR OPERATION ANY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTEDFOREGOING. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), 8.3 IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, WIPRO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF LICENSEE DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE SUBJECT MATTER FURNISHING, PERFORMANCE OR USE OF THIS AGREEMENTTHE SOFTWARE HEREUNDER INCLUDING THE PROVISION OF SUPPORT SERVICES PURSUANT TO THE SUPPORT POLICY OR ANY DELAY IN DELIVERY OR FURNISHING THE SOFTWARE OR SAID SERVICES, IRRESPECTIVE OF WHETHER DELL HAS BEEN ADVISED IT HAD AN ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER PARTYIN ANY EVENT, NOR DELLWIPRO’S LICENSORS MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR SUPPLIERSUNDER ANY OTHER FORM OR LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM WIPRO’S NEGLIGENCE, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: IN NO EVENT BE GREATER THAN (A) IN THE EVENT SUCH LOSS OR DAMAGE IS NOT RELATED TO SUPPORT, THE LICENSE FEE RELATED TO THE RELEVANT SOFTWARE, WHICH HAS CAUSED THE DAMAGE OR LOSS, PAID IN THE PAST TWELVE MONTHS FROM THE DATE OF REVENUE, INCOME, PROFIT, SUCH AN EVENT LEADING TO THE LOSS OR SAVINGS, DAMAGE OR (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY EVENT SUCH LOSS OR DAMAGE IS RELATED TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPONSUPPORT SERVICES, THE LIMITATIONS SUPPORT FEES PAID BY LICENSEE IN THE PAST TWELVE MONTHS FROM THE DATE OF DAMAGES SET FORTH IN THIS AGREEMENTSUCH AN EVENT LEADING TO THE LOSS OR DAMAGE FOR THE THEN CURRENT SUPPORT TERM FOR THE PARTICULAR SOFTWARE WHICH CAUSED THE DAMAGE OR LOSS.

Warranty Liability. 5.1 Limited WarrantyDyeMansion does not warrant that operation of the Solution will be uninterrupted or error-free. DELL WARRANTS THAT DURING THE TERM OF THIS AGREEMENTDyeMansion will, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETIONhowever, during the Term resolve errors, problems or non-conformities of the Solution which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Terms. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTYREMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”, ALL REPRESENTATIONS AND ANY FURTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF TITLE, NONINFRINGEMENTMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITYNONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL DYEMANSION BE LIABLE TO CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A ANY THIRD PARTY FOR PURPOSES OF THIS SECTION)ANY INCIDENTAL, IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALPUNITIVE, PUNITIVE EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF OF, OR IN CONNECTION WITH, THE SUBJECT MATTER OF THIS AGREEMENTCONTRACT, IRRESPECTIVE OF THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER DELL HAS BEEN OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. NEITHER PARTYDYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, NOR DELL’S LICENSORS WHETHER BASED ON CONTRACT, TORT OR SUPPLIERSANY OTHER LEGAL THEORY, SHALL HAVE ANY FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE FOLLOWING: LOWER OF (A) LOSS 100% OF REVENUECHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. DyeMansion and its licensors reserve all intellectual property rights in and to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, INCOMEwith respect to the Solution, PROFIT, OR SAVINGSas well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (Ba) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCHthe Customer’s feedback, (Cb) LOSS OF BUSINESS OPPORTUNITYthe Customer's usage, OR and (Dc) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONSany data transmitted or generated by the Customer in connection with such usage, IN THE AGGREGATEand to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), APPLY TO ALL CAUSES OF ACTIONif and to the extent such use does not (i) lead to a disclosure of Customer's confidential information contrary to the provisions of the Contract, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENTor (ii) infringe Customer's intellectual property rights.

Warranty Liability. 5.1 Limited Warranty1. DELL WARRANTS THAT DURING THE TERM OF Bosch does not assume any warranty for the technical or economic success of the Products nor for the Products’ compliance with governmental regulations. 2. SiTime shall defend and/or settle, at its own expense, any third party claim or action brought against Bosch and/or its Affiliates, and hold Bosch and/or its Affiliates harmless from any liability and expenses connected therewith, including payment of reasonable attorney fees, arising from Products manufactured, sold, or used by SiTime under this Agreement, excluding any claims arising from Bosch’s breach of representation, warranty, or covenant under this Agreement; and SiTime shall pay all damages, costs, and expenses attributable to such action, provided that Bosch (a) notified SiTime promptly in writing of any such action; and (b) gave SiTime sole control of the defense and/or settlement of such action. For Products or MEMS Components supplied by Bosch the Parties may agree otherwise under the respective purchase agreement. 3. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, NEITHER PARTY MAKES ANY WARRANTIES IN CONNECTION WITH THIS AGREEMENT, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITSWHETHER EXPRESS, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS IMPLIED, STATUTORY, OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED WARRANTY OF TITLE, NONINFRINGEMENTMERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY, ARE HEREBY EXCLUDEDNON-INFRINGEMENT. 4. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BECONFIDENTIALITY, AT DELL’S OPTIONCOVENANT NOT TO COMPETE, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF UNAUTHORIZED ASSIGNMENT, OR FOR AMOUNTS AWARDED TO THIRD PARTIES COVERED BY THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES INDEMNIFICATION PROVISIONS CONTAINED IN SECTION II(D)(3) OF THIS SECTION)AGREEMENT, IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, EITHER PARTY BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A OTHER PARTY FOR PURPOSES OF THIS SECTION)ANY CONSEQUENTIAL, IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTALINDIRECT, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING AIRISNG OUT OF THE SUBJECT MATTER OF OR RELATING TO THIS AGREEMENT, IRRESPECTIVE HOWEVER CAUSED AND UNDER ANY THEORY OF WHETHER DELL LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENT.

Warranty Liability. 5.1 Limited Warranty5.1. DELL WARRANTS THAT DURING Satellite Provider has warranted to SkyFi that it has sufficient ownership rights in the Product to make the Product available to SkyFi and the End User under the terms hereof. 5.2. THE TERM OF THIS AGREEMENT, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION PRODUCTS ARE COMPLEX AND ARE PROVIDED “AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL IS”; SKYFI DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY WARRANTIES THAT USE THE PRODUCTS ARE FREE OF BUGS, ERRORS, DEFECTS OR OMISSIONS, OR THAT OPERATION OF THE SERVICES PRODUCTS WILL BE UNINTERRUPTED OR ERROR-ERROR FREE OR UNINTERRUPTED NOR THAT DEFECTS ALL NON-CONFORMITIES WILL OR CAN BE CORRECTED. SKYFI DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE PRODUCTS SHALL MEET THE END USER’S REQUIREMENTS OR EXPECTATIONS OR SHALL BE FIT FOR THE END USER’S INTENDED PURPOSES. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF FITNESS OR MERCHANTABILITY GIVEN IN CONNECTION WITH THE SALE OR USE OF ANY PRODUCTS. SKYFI EXPRESLLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPRESSLY PROVIDED IN ARTICLE 5.1. IN THE SOFTWARE EVENT THE MEDIUM ON WHICH THE PRODUCTS OR EQUIPMENT WILL SERVICES ARE SUPPLIED TO THE END USER ARE DEFICIENT, AS DEMONSTRATED BY THE END USER AND ACCEPTED BY SKYFI AND SATELLITE PROVIDER, SATELLITE PROVIDER SHALL REPLACE SAID MEDIUM. ANY SUCH CLAIM FOR REPLACEMENT SHALL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH SUBMITTED TO SKYFI WITHIN SEVEN (7) DAYS AFTER DELIVERY OF THE FOREGOING LIMITED WARRANTY SHALL BEPRODUCT TO THE 5.3. SKYFI AND ITS AFFILIATES, AT DELL’S OPTIONAND EACH OF THEIR OFFICERS, EITHER: DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (ITHE “SKYFI PARTIES”) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK PARTIES SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE LIABLE FOR ANY LOST PROFITS, LOSS OF CONFIDENTIAL INFORMATION BY A PARTY DATA OR GOODWILL, OR COST OF COVER, OR FOR PURPOSES ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF THIS SECTION)COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF SKYFI PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL DELL CUSTOMER SKYFI PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR DELL, RELATING TO THIS TOS OR DELL’S LICENSORS YOUR ACCESS TO OR SUPPLIERS, BE LIABLE USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE AMOUNT PAID BY END USER TO SKYFI FOR DAMAGES IN EXCESS OF ACCESS TO THE FEES PAID FOR EQUIPMENT AND SERVICES IN WITHIN THE TWELVE SIX (126) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE. 5.4. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTIONINCLUDING NEGLIGENCE), IN NO EVENT WILL DELL CUSTOMER STRICT LIABILITY OR DELLOTHERWISE, AND WHETHER OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF NOT THE SUBJECT MATTER OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER DELL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. NEITHER PARTYINSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, NOR DELL’S LICENSORS OR SUPPLIERSTHE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, SHALL HAVE ANY LIABILITY FOR BUT ONLY TO THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR EXTENT SO AS TO MAKE THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTSLIMITATION COMPLIANT WITH APPLICABLE LAW. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, PARTIES AGREE THAT THE LIMITATIONS OF DAMAGES ON LIABILITIES SET FORTH IN THIS AGREEMENTHEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Warranty Liability. 5.1 Limited Warranty8.1 Wipro represents and warrants that: (i) it has the authority to enter into this Agreement with the Licensee; (ii) to the best of EVENT BE GREATER THAN (A) IN THE EVENT SUCH LOSS OR DAMAGE IS NOT RELATED TO SUPPORT, THE LICENSE FEE RELATED TO THE RELEVANT SOFTWARE, WHICH HAS CAUSED THE DAMAGE OR LOSS, PAID IN THE PAST TWELVE MONTHS FROM THE DATE OF SUCH AN EVENT LEADING TO THE LOSS OR DAMAGE OR (B) IN THE EVENT SUCH LOSS OR DAMAGE IS RELATED TO SUPPORT SERVICES, THE SUPPORT FEES PAID BY LICENSEE IN THE PAST TWELVE MONTHS FROM THE DATE OF SUCH AN EVENT LEADING TO THE LOSS OR DAMAGE FOR THE THEN CURRENT SUPPORT TERM FOR THE PARTICULAR SOFTWARE WHICH CAUSED THE DAMAGE OR LOSS. DELL WARRANTS THAT DURING :LSUR¶V NQRZOHGJH 6RIWZDUH GRHV QRW DW WKH WLPH RI GHOL the Licensee, contain any malicious code that could adversely affect the current operation, security or integrity of a system; (iii) support services will be performed in a professional and workmanlike manner by a qualified personnel; and (iv) the Software is presently not subject to any such claim or claims for infringement, and if Wipro becomes aware of any such claim or any facts upon which such a claim could be based, Wipro will promptly notify Company. 8.2 EXCEPT AS SET FORTH ABOVE, TO THE TERM OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIPRO MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO LICENSEE UNDER THIS AGREEMENT, INCLUDING SUPPORT. SPECIFICALLY, WIPRO DOES NOT WARRANT THAT THE SERVICE SHALL SUBSTANTIALLY CONFORM SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME GREATEST EXTENT ALLOWED BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITSLAW, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, WIPRO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENTMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY(EVEN IF WIPRO HAD BEEN INFORMED OF SUCH PURPOSE) AND NON- INFRINGEMENT WITH RESPECT TO THE SOFTWARE DOCUMENTATION AND SUPPORT, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN AND WITH RESPECT TO THE FIRST SENTENCE USE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE OR OPERATION ANY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTEDFOREGOING. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), 8.3 IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, WIPRO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF LICENSEE DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENTFURNISHING, IRRESPECTIVE OF WHETHER DELL HAS BEEN ADVISED PERFORMANCE OR USE OF THE POSSIBILITY SOFTWARE HEREUNDER INCLUDING THE PROVISION OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR SUPPORT SERVICES PURSUANT TO THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENT.SUPPORT

Warranty Liability. 5.1 Limited Warranty. DELL WARRANTS THAT DURING THE TERM OF THIS AGREEMENT, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. (10.1) EXCEPT FOR THE FOREGOING LIMITED WARRANTYWARRANTY PROVIDED IN THE APPLICABLE LABELING, ALL REPRESENTATIONS AND WARRANTIESINSERTS AND/OR MANUALS FOR THE PRODUCTS AND/OR EQUIPMENT, ADC GRANTS NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BY STATUTE, IN ANY COMMUNICATION WITH CUSTOMER OR ANY CUSTOMER THEREOF, OR OTHERWISE, REGARDING THE PRODUCTS OR EQUIPMENT. ADC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITYPURPOSE, ARE HEREBY EXCLUDEDMERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL ADC DOES NOT WARRANT THAT USE OR OPERATION OF THE SERVICES PRODUCTS OR EQUIPMENT WILL BE UNINTERRUPTED OR ERROR-FREE FREE. ADC DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY ADC PRODUCT OR EQUIPMENT. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OR REPRESENTATIVES OF ADC, THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL ARE INCONSISTENT HEREWITH SHALL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) DISREGARDED AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION)BINDING UPON ADC OR ITS (10.2) Customer assumes all risk for the suitability of the test results obtained by using any item of Product and/or Equipment, IN NO EVENT SHALL DELL CUSTOMER OR DELLand the consequences which flow therefrom when such item(s) of Product and/or Equipment are used other than in accordance with the applicable labeling, OR DELL’S LICENSORS OR SUPPLIERSinserts or manual for such Product and/or Equipment, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE and is used either: (12i) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE alone; or (ii) in combination with other articles or substances (or any combination thereof) not provided or recommended for use with each such Product and/or Equipment. NOTWITHSTANDING ANYTHING TO THE CLAIM. 5.3 Damages Exclusion. CONTRARY IN THIS AGREEMENT, EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBTTO THE EXTENT REQUIRED BY LAW OR AS OTHERWISE PROVIDED IN THIS AGREEMENT, A THIRD-NEITHER PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECTLOST PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENTDAMAGES, IRRESPECTIVE OF WHETHER DELL EVEN IF SUCH PARTY HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENT.

Warranty Liability. 5.1 Limited WarrantyGenetec warrants that any services provided as part of the Services will be carried out with reasonable care and skill. DELL WARRANTS THAT DURING THE TERM OF THIS AGREEMENTGenetec’s sole liability and the End-User’s exclusive remedy for breach of this limited warranty shall be at Genetec’s sole option to give credit for, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETIONor re-perform the Services. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITSWarranty claims for Services must be made to Genetec within 90 days of the completion of same. During the term set out in the GenetecTM Advantage Certificate, IF ANY SET FORTH THEREINGenetec warrants that any Software Product delivered as part of the Services to the End-User, will perform in all material respects in accordance with the accompanying user manual, and the media on which the Software Product resides will be free from defects in materials and workmanship under normal use. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL GENETEC DOES NOT WARRANT THAT USE THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL OTHERWISE MEET THE END USER'S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-ERROR FREE OR THAT DEFECTS IN THE SOFTWARE UNINTERRUPTED. Genetec's entire liability and the End-User's exclusive remedy under this limited warranty provision shall be, at Genetec’s sole option, either (a) refund of the price paid for the period of coverage under the GenetecTM Advantage Certificate, or (b) repair or replacement of the portions of the Software Product that do not comply with this limited warranty. ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS (STATUTORY, EXPRESS, IMPLIED OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of LiabilityOTHERWISE) AS TO QUALITY, CONDITION, DESCRIPTION, MERCHANTIBILITY OR FITNESS FOR PURPOSE ARE HEREBY EXPRESSLY EXCLUDED. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY GENETEC SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS UNDER ANY THEORY OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBTCONTRACT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION)TORT, IN NO EVENT WILL DELL CUSTOMER STRICT LIABILITY OR DELL, OTHER LEGAL OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE EQUITABLE THEORY FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTALINCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, PUNITIVE OR CONSEQUENTIAL DAMAGES FROM ANY CAUSE ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENTSALE, IRRESPECTIVE OF WHETHER DELL INSTALLATION, USE OR INABILITY TO USE ANY PRODUCT OR SERVICE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTYTHEREOF, NOR DELL’S LICENSORS OR SUPPLIERSINCLUDING, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH LOST PROFITS, LOST BUSINESS REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSS OR ANY LOSS OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENTRECORDED DATA.

Warranty Liability. 5.1 Limited WarrantyWe will perform the Services in a professional and workmanlike manner in accordance with good industry practice, but, because of the nature of the Services, we cannot guarantee any particular result or a particular date of completion. DELL WARRANTS THAT DURING THE TERM OF THIS AGREEMENTWe perform Services under this Agreement rather than sell products or results, THE SERVICE SHALL SUBSTANTIALLY CONFORM although those Services may result in Work Product. We cannot be responsible for any Work Product that you have modified. Our liability to you is limited to refunding the money you paid to us for a Task Order that is in dispute minus the reasonable value of the Services that we provided. Liability for damages arising from any source, including breach of contract or from negligence or other tort, shall be limited to direct damages only. OTHER THAN A PARTY’S PAYMENT OBLIGATIONS, TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME MAXIMUM EXTENT PERMITTED BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS LAW, NEITHER OF US SHALL BE THE SERVICE CREDITS, IF LIABLE TO EACH OTHER OR TO ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LIMITATION, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF BUSINESS OR LOSS OF ANTICIPATED SAVINGS, OR LOSS OF GOODWILL OR REPUTATION, OR ANY WARRANTIES TYPE OF TITLESPECIAL, NONINFRINGEMENTINDIRECT, FITNESS FOR A PARTICULAR PURPOSE PUNITIVE, INCIDENTAL OR MECHANTABILITY, ARE HEREBY EXCLUDED. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL DOES NOT WARRANT THAT USE CONSEQUENTIAL LOSS (INCLUDING LOSS OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION DAMAGE SUFFERED BY A PARTY FOR PURPOSES CLIENT AS A RESULT OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION ANY CLAIM MADE BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THIRD PARTY) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER USE OR THE INABILITY TO USE THE SERVICES, OR THE PROVISION OF THIS AGREEMENTOR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, IRRESPECTIVE OF WHETHER DELL HAS BEEN SUCH DAMAGES ARE CLAIMED BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE. NEITHER PARTYTo the maximum extent permitted by applicable law, NOR DELL’S LICENSORS THERE ARE NO IMPLIED WARRANTIES, SUCH AS THE WARRANTIES OF MERCHANTABILITY OR SUPPLIERSFITNESS FOR A PARTICULAR PURPOSE. This Agreement is for the provision of Services and not products and there is no warranty of the Work Product (such as fitness for a particular purpose) unless it is given in our License Agreement or Usage Agreement between you and us. If any condition or warranty is implied with this Agreement by legislation or by common law, SHALL HAVE ANY LIABILITY FOR THE FOLLOWINGand may not be excluded or modified (note that this is a commercial agreement and the Services are not for consumer use), then our liability for any breach of that condition or warranty is limited, at our option, to: (Ai) LOSS OF REVENUEsupplying of the Services again; or (ii) paying the cost of having the Services supplied again. For the avoidance of doubt, INCOMEthe term "in accordance with good industry practice" used in this Section 8 means that the work, PROFITin the aggregate, OR SAVINGSwill be to the standard of what other, (B) LOST OR CORRUPTED DATA OR SOFTWAREsimilar, LOSS OF USE OF SYSTEM(S) OR NETWORKconsulting organizations deliver. In the case of implementing iMIS, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENTASI has about 60 active distributors around the world that also implement iMIS and they provide this standard.

Warranty Liability. 5.1 Limited Warranty. DELL WARRANTS PRODUCER ACKNOWLEDGES THAT DURING GAVILON IS NOT THE TERM MANUFACTURER OF THIS AGREEMENT, THE SERVICE SHALL SUBSTANTIALLY CONFORM TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME BY DELL IN ITS SOLE DISCRETION. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF ANY SET FORTH THEREIN. DELL CARS AND THAT GAVILON MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIESWARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF TITLEWITH RESPECT TO MERCHANTABILITY, NONINFRINGEMENTVALUE, CONDITION, QUALITY, DESIGN, CAPACITY, MATERIAL WORKMANSHIP, FITNESS OR SUITABILITY FOR A PARTICULAR ANY PURPOSE OR MECHANTABILITY, ARE HEREBY EXCLUDEDOTHERWISE BY PRODUCER. EXCEPT AS EXPRESSLY SET FORTH IN OTHERWISE SPECIFICALLY PROVIDED HEREIN, GAVILON PROVIDES THE FIRST SENTENCE OF THIS SECTION 5.1CARS “AS-IS” AND WITH ALL FAULTS, DELL DOES NOT WARRANT THAT USE OR OPERATION OF THE SERVICES WILL AND ALL RISK, AS BETWEEN PRODUCER AND GAVILON, SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BEBORNE BY PRODUCER, AT DELLPRODUCER’S OPTION, EITHER: (I) REFUND EXPENSE UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICEGAVILON. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBTGAVILON’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, A THIRD-PARTY HACK SHALL GAVILON WILL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A LIABLE TO PRODUCER OR ANY PARTY FOR PURPOSES OF THIS SECTION)ANY LOSS OR DAMAGE TO REVENUES, IN NO EVENT SHALL DELL CUSTOMER PROFITS, OTHER ECONOMIC LOSS OR DELL, GOODWILL OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF THE SUBJECT MATTER OF OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, IRRESPECTIVE OF WHETHER DELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR THE FOLLOWING: (A) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS, (B) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORKCARS, OR THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIMETRANSACTIONS CONTEMPLATED HEREBY. THESE LIMITATIONS, IN NOTWITHSTANDING ANYTHING TO THE AGGREGATE, APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH CONTRARY IN THIS AGREEMENT, PRODUCER AGREES THAT IN NO EVENT SHALL GAVILON’S AGGREGATE LIABILITY ARISING UNDER, WITH RESPECT TO OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE PAYMENTS ACTUALLY RECEIVED FROM PRODUCER HEREUNDER.

Warranty Liability. 5.1 Limited WarrantyIf you obtained the SOFTWARE on physical media (such as a CD or DVD), InterAC warrants for a period of thirty (30) days from the date of purchase that the media on which the SOFTWARE is delivered will be free from defects in material and workmanship. DELL WARRANTS THAT DURING InterAC will replace the defective media during the warranty period at no additional cost to you. InterAC warrants that the SOFTWARE under normal use will be conform to its User’s Guide for a ninety (90) days following date of purchase. This warranty does not apply to SOFTWARE TRIAL LICENSES which are provided without any warranty. THE TERM SOFTWARE IS PROVIDED "AS IS", WITHOUT OTHER WARRANTY OF THIS AGREEMENTANY KIND, THE SERVICE SHALL SUBSTANTIALLY CONFORM EXPRESS OR IMPLIED, AND TO THE SERVICE LEVEL AGREEMENT CONFIGURATION AS IT MAY BE AMENDED FROM TIME TO TIME MAXIMUM EXTENT PERMITTED BY DELL IN ITS SOLE DISCRETIONAPPLICABLE LAW. DELL CUSTOMER’S SOLE REMEDY FOR VIOLATION FOR SUCH SLAS SHALL BE THE SERVICE CREDITS, IF NEITHER InterAC MAKE ANY SET FORTH THEREIN. DELL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS, BUT WILL PASS THROUGH WARRANTIES FROM THE APPLICABLE THIRD PARTY VENDOR, IF ANY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITYTHAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, ARE HEREBY EXCLUDEDCOPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. EXCEPT AS EXPRESSLY SET FORTH THERE IS NO WARRANTY BY InterAC THAT THE FUNCTIONS CONTAINED IN THE FIRST SENTENCE OF THIS SECTION 5.1, DELL DOES NOT WARRANT SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OR THE OPERATION OF THE SERVICES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED. 5.2 Remedies; Limitation of Liability. DELL CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT DELL’S OPTION, EITHER: (I) REFUND OF THE PURCHASE PRICE OF THE PURCHASED EQUIPMENT (ONLY UPON RETURN OF THE EQUIPMENT) TO ACHIEVE YOUR INTENDED RESULTS AND REFUND OF THE PRORATED FEES FOR THE SERVICE PAID TO DELL; OR (II) REPAIR OR REPLACEMENT OF THE NON-CONFORMING EQUIPMENT [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange CommissionINSTALLATION, USE AND RESULTS OBTAINED FROM IT. Confidential treatment has been requested with respect to the omitted portions. AND/OR RE-PERFORMANCE OF THE NON-CONFORMING SERVICE. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBT, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT SHALL DELL CUSTOMER OR DELLInterAC, OR DELL’S LICENSORS OR SUPPLIERSITS EMPLOYEES, BE LIABLE FOR DAMAGES IN EXCESS OF THE FEES PAID FOR EQUIPMENT AND SERVICES IN THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE CLAIM. 5.3 Damages Exclusion. EXCEPT FOR AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION (FOR AVOIDANCE OF DOUBTITS DISTRIBUTORS, A THIRD-PARTY HACK SHALL NOT BE CONSIDERED AN UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION BY A PARTY FOR PURPOSES OF THIS SECTION), IN NO EVENT WILL DELL CUSTOMER OR DELL, OR DELL’S LICENSORS OR SUPPLIERS, ITS SALES PARTNERS BE LIABLE FOR ANY INDIRECT, SPECIALOTHER SPECIAL DAMAGES, INCIDENTAL, PUNITIVE DIRECTLY OR INDIRECTLY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER DELL USE OR NON-USE OR INABILITY TO USE THE SOFTWARE) EVEN IF InterAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY, NOR DELL’S LICENSORS OR SUPPLIERSBECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF InterAC SHALL HAVE ANY LIABILITY BE LIMITED TO THE FEES ACTUALLY PAID BY YOU FOR THE FOLLOWING: (A) LOSS OF REVENUESOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEEDING THE CLAIM. InterAC MAKES NO REPRESENTATIONS, INCOME, PROFIT, EXPRESS OR SAVINGS, (B) LOST OR CORRUPTED DATA OR IMPLIED CONCERNING THE PARTICULAR APPLICATIONS MADE WITH THE SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK, OR WITH RESPECT TO THE RECOVERY OF SUCH, (C) LOSS OF BUSINESS OPPORTUNITY, OR (D) BUSINESS INTERRUPTION OR DOWNTIME. THESE LIMITATIONS, IN THE AGGREGATE, APPLY TO ALL CAUSES OF ACTIONSOFTWARE PROVIDED, INCLUDING WITHOUT LIMITATIONLIMITATIONS, BREACH ANY IMPLIED WARRANTIES OF CONTRACTMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, BREACH ALL OF WARRANTYWHICH ARE EXPRESSLY DISCLAIMED. The foregoing warranties are in lieu of all other warranties express or implied. This warranty gives you specific legal rights, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENTbut you may also have other rights that vary from country to country.