Common use of WARRANTY; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY; LIMITATION OF LIABILITY. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.

WARRANTY; LIMITATION OF LIABILITY. Seller Monotype warrants only to you that the Goods shall be Licensed Web Fonts will perform substantially in accordance with Seller's W3C specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NONuse of fonts in conjunction with the ‘@font-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after face rule’ specified in the Goods are shipped. All claims in respect of cascading style sheets (“CSS”) specification set forth on the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇://▇▇▇.▇▇.▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications website as of the Goods reflect Seller's opiniondate of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ://▇▇▇.▇▇.▇'s sole ▇▇ website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability hereunder and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a refund limitation of implied warranties where the purchase price paid by Buyer product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for the Goods or, at Seller's option, repair such physical injury or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller death shall not be liable otherwiseexceed One Hundred Thousand Dollars ($100,000) United States dollars, including for indirect, special, exemplary, punitive, incidental provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or consequential damages or for lost profits or injury jurisdiction to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesjurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable.

WARRANTY; LIMITATION OF LIABILITY. Seller warrants only that title to each individual product sold under the Goods shall be substantially in accordance with Seller's specifications Contract and further warrants for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIESa period of one (l) year after shipment, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends but only to Buyer the extent and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund limit of the purchase price paid by Buyer for such individual product, that such product conforms to the Goods or, at specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's option, repair or replacement ’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the Goods shown following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be other than as defective; repairing such product or part; or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller within 30 calendar days of discovery and within the warranty period of any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted or deficient in qualityonly to the extent of the warranties of the original manufacturer. Seller disclaims, and shall not be responsible for, any liability arising from tort, including strict liability, and Seller further disclaims, and shall not be liable responsible for, any liability (whether arising under this or any other provision of the Contract or otherwise) for any costs (including costs of removal and replacement), including for indirectliabilities, lost profits, loss of good will or any other general, direct, special, exemplary, punitive, incidental or consequential damages incurred by Purchaser in connection with the Contract or for lost profits or injury to goodwillany product purchased thereunder, in all cases irrespective of whether arising out Seller was advised of breach the possibility of warranty, negligence, strict liability in tort or other causessuch liability.

WARRANTY; LIMITATION OF LIABILITY. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.

WARRANTY; LIMITATION OF LIABILITY. Seller 12.01 Manufacturer warrants only that for a period after delivery of Product of sixty (60) days for domestic deliveries and ninety (90) days for international deliveries, Product supplied by Manufacturer shall comply with the Goods Specifications. Any noncompliance in Off-Grade Material to the extent caused by (i) a failure of Raw Materials to comply with the RM Specifications or (ii) Manufacturer's use (but not misuse) of the Technology, is not covered by this warranty. If Purchaser discovers that any Product does not comply with Specifications and notifies Manufacturer in writing during the applicable warranty period, Manufacturer shall replace such Off-Grade Material, including for these purposes reworking or blending of the Off-Grade Material with new Product meeting the Specifications. In the event that, in Manufacturer's reasonable judgment, blending of the Off-Grade Material is not likely to remedy the noncompliance with Specifications, Purchaser agrees to use its reasonable best efforts to market such Off-Grade Material and if successful, no further claim as to such Off-Grade Material shall be substantially made by Purchaser. Notwithstanding the foregoing, Manufacturer shall reimburse Purchaser in accordance the exercise of such reasonable best efforts for any reasonable discounts granted by Purchaser to its customers that purchase Off-Grade Material to the extent that such discount was offered solely as an inducement to purchase product that does not comply with Seller's specifications for the Goods. Specifications. 12.02 THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY MANUFACTURER AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW, BUT NOT LIMITED TOCUSTOM, ANY IMPLIED CONDUCT, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND THE RIGHTS AND REMEDIES OF PURCHASER PROVIDED HEREIN ARE EXCLUSIVE OF ANY OTHER RIGHTS OR REMEDIES OF PURCHASER. PURCHASER'S EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY IN SECTION 12.01 WITH RESPECT TO ANY PRODUCT IS TO RECEIVE A PARTICULAR USE AND/TIMELY REPLACEMENT OF, OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL IF NOT TIMELY REPLACED, A CREDIT FOR SUCH PRODUCT. 12.03 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident(WHETHER BASED IN CONTRACT, negligenceNEGLIGENCE, abuse or misuse. All GoodsSTRICT LIABILITY OTHER TORT OR OTHERWISE) FOR SPECIAL, including those produced to meet exact specificationsINDIRECT, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesCONSEQUENTIAL OR INCIDENTAL DAMAGES.

WARRANTY; LIMITATION OF LIABILITY. Seller 12.01 Manufacturer warrants only that for a period after delivery of Product of sixty (60) days for domestic deliveries and ninety (90) days for international deliveries, Product supplied by Manufacturer shall comply with the Goods Specifications. Any noncompliance in Off-Grade Material to the extent caused by (i) a failure of Raw Materials to comply with the RM Specifications or (ii) Manufacturer's use (but not misuse) of the Technology, is not covered by this warranty. If Purchaser discovers that any Product does not comply with Specifications and notifies Manufacturer in writing during the applicable warranty period, Manufacturer shall replace such Off-Grade Material, including for these purposes reworking or blending of the Off-Grade Material with new Product meeting the Specifications. In the event that, in Manufacturer's reasonable judgment, blending of the Off-Grade Material is not likely to remedy the noncompliance with Specifications, Purchaser agrees to use its reasonable best efforts to market such Off-Grade Material and if successful, no further claim as to such Off-Grade Material shall be substantially made by Purchaser. Notwithstanding the foregoing, Manufacturer shall reimburse Purchaser in accordance the exercise of such reasonable best efforts for any reasonable discounts granted by Purchaser to its customers that purchase Off-Grade Material to the extent that such discount was offered solely as an inducement to purchase product that does not comply with Seller's specifications for the GoodsSpecifications. 12.02 THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY MANUFACTURER AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGARISING BY OPERATION OF LAW, BUT NOT LIMITED TOCUSTOM, ANY IMPLIED CONDUCT, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND THE RIGHTS AND REMEDIES OF PURCHASER PROVIDED HEREIN ARE EXCLUSIVE OF ANY OTHER RIGHTS OR REMEDIES OF PURCHASER. PURCHASER'S EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY IN SECTION 12.01 WITH RESPECT TO ANY PRODUCT IS TO RECEIVE A PARTICULAR USE AND/TIMELY 12 <PAGE> <PAGE> REPLACEMENT OF, OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL IF NOT TIMELY REPLACED, A CREDIT FOR SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesPRODUCT.

WARRANTY; LIMITATION OF LIABILITY. Seller With respect to all disposable or single use products to be delivered hereunder, AtriCure warrants only that such products will be free from defects in workmanship and material, and shall operate in substantial conformity with the Goods documentation, provided that the user of the goods complies with all indications, warnings, cautions and directions contained in such documentation. The foregoing warranties shall expire 60 days from the date of delivery of such disposable or single use products to Buyer. If any capital equipment is delivered hereunder, it may be substantially in accordance with Seller's specifications for the Goodssubject to a separate warranty which will be attached to hereto. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL ANY OTHER WARRANTY OR OBLIGATION OF ATRICURE. ATRICURE MAKES NO OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,PURPOSE WHICH ARE HEREBY DISCLAIMED AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESEXCLUDED BY ATRICURE. Seller's warranty extends only to AtriCure has the option of either replacing defective goods or crediting Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods orsuch goods. In no event shall AtriCure be responsible for incidental, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirectconsequential, special, exemplaryor punitive damages from any defect in the goods or breach of warranty including, punitivebut not limited to, incidental Buyer’s, user’s or consequential any other person’s loss of material or profits, increased expense of operation, downtime or reconstruction of work, or damages or for lost profits or injury to goodwill, whether arising out of any products liability claim and, in no event shall AtriCure’s liability (whether under the theories of breach of contract or warranty, negligence, or strict liability in tort liability) exceed the contract price paid for the goods delivered by AtriCure. These remedies are the exclusive and sole remedies for any breach of warranty. All claims for clerical error or other causesshortage must be made within thirty (30) days of delivery of the goods to Buyer. AtriCure shall be given a reasonable and prompt opportunity to investigate any goods concerning which a claim is made.

WARRANTY; LIMITATION OF LIABILITY. Seller warrants only that title to each individual product sold under the Goods shall be substantially in accordance with Seller's specifications Contract and further warrants for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIESa period of five (5) years after shipment, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends but only to Buyer the extent and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund limit of the purchase price paid by Buyer for such individual product, that such product conforms to the Goods or, at specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's option, repair or replacement ’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the Goods shown following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be other than as defective; repairing such product or part; or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXRESS OR ARISING BY OPERATIONS OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTSOR ANY SALE OR USE THEREOF. Purchaser must notify Seller within 30 calendar days of discovery and within the warranty period of any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted or deficient in qualityonly to the extent of the warranties of the original manufacturer. Seller disclaims, and shall not be responsible for, any liability arising from tort, including strict liability, and Seller further disclaims, and shall not be liable responsible for, any liability (whether arising under this or any other provision of the Contract or otherwise) for any costs (including costs of removal and replacement), including for indirectliabilities, speciallost profits, exemplaryloss of good will or any other general, punitivedirect, special incidental or consequential damages incurred by Purchaser in connection with Contract or for lost profits or injury to goodwillany product purchased thereunder, in all cases irrespective of whether arising out Seller was advised of breach the possibility of warranty, negligence, strict liability in tort or other causessuch liability.

WARRANTY; LIMITATION OF LIABILITY. Seller ARIS represents and warrants only that its performance of the Services hereunder is not in breach of any agreement or contract, whether written or oral, between itself and any third party. ARIS represents and warrants that the Goods Services provided hereunder will be performed in a professional, workmanlike and skillful manner consistent with the professional standards and the general customs and practices of the industry. ARIS further warrants that all the Deliverables delivered hereunder will conform to the specifications and requirements set forth in the Work Order(s). Customer must report any apparent deficiencies in the Services and accept or reject the Deliverables within thirty (30) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer within 180 days from the date of completion of such Services. Latent defects which were not reasonably discoverable by Customer within the 180 day period shall be substantially in accordance with Sellerreported by Customer to ARIS as soon as practicable after they were discovered by Customer. ARIS shall correct the defects or deficiencies within 15 days of Customer's specifications report or such additional time as agreed by the parties. If ARIS is unable to re-perform the Services as warranted or correct the defects or deficiencies to the satisfaction of Customer within such time frame, Customer shall be entitled to recover the greater of (a) the fees paid to ARIS for the Goodsdeficient Services, and (b) the Customer's costs of engaging a third party to re-perform the Services or correct the deficiencies. THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY IS AGREEMENT ARE ARIS' EXCLUSIVE AND IS IN LIEU OF WARRANTIES. ARIS DISCLAIMS ALL OTHER IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE AND/PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARIS WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR NON-INFRINGEMENT,INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT; PROVIDED THAT THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ARIS' INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 5 AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes8 OF THIS AGREEMENT.

WARRANTY; LIMITATION OF LIABILITY. Seller warrants only that the Goods (a) All Services shall be substantially provided in accordance a professional manner consistent with Seller's specifications industry standards. Client shall have a period of thirty (30) days from the delivery of the Services to notify the Paramedic Network in writing of any material errors or defects in the performance of the Services (the “Services Warranty Period”). If Client notifies the Paramedic Network during the Services Warranty Period of any defects in the provision of the Services, the Paramedic Network’s sole obligation, and Client’s sole and exclusive remedy, will be for Paramedic Network to correct such errors or defects. (b) If Client does not provide the Paramedic Network with written notice during the Warranty Period of any defects in the services or deliverables, such services shall be deemed to be accepted by Client and any warranty claim shall have been deemed waived. (c) Except for the Goodswarranty set forth in this Section, the Services and deliverables are provided “AS IS,” without representations or warranties of any kind. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF PARAMEDIC NETWORK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO THE IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY FITNESS, FITNESS FOR A PARTICULAR USE AND/PURPOSE AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL COURSE OF DEALING. (d) NEITHER PARTY SHALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT OR BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesPOSSIBILITY) ARISING OUT OF OR PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT.

WARRANTY; LIMITATION OF LIABILITY. Seller Van Cronenburg warrants a limited guarantee for its brass products for five (5) years, to be free from defects in material and workmanship. Additionally, the internal mechanisms, including all locks, latches, etc., are guaranteed for one (1) year from the date of sale. At van Cronenburg’s sole discretion, its only that obligation will be to repair or replace the Goods shall be substantially defective Products or parts, upon presentation and after careful review. Customer must provide proof of purchase dated within the warranty period. Finishes are not subject to any warranty. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ assumes no liability for any labor charges regarding the removal or installation if its Products, nor does van Cronenburg cover any freight, postage or any expense relative to the Product. Damages caused by accident, misuse, abuse, or improper installation are not covered by this warranty. If a problem occurs after the expiration of the warranty period, in accordance with Seller's specifications for most cases van Cronenburg will, on the Goodsbasis of good will, remedy the problem. This ‘good will’ is at the sole discretion of van Cronenburg. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESPURPOSE. Seller's warranty extends only ▇▇▇ ▇▇▇▇▇▇▇▇▇▇’s liability with respect to Buyer any claim by Customer or any third party arising out of or in any way relating to any Product sold by van Cronenburg to Customer (including without limitation such Product’s further sale, use or transportation) will be limited solely to the cost of such product and shall expire any such claim must be filed within 60 days after the Goods are shippeddelivery of such product. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinionWILL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the GoodsINCIDENTAL, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods orSPECIAL OR INDIRECT DAMAGES, at Seller's optionLOST PROFITS OR OTHER LOSSES OF CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE SALE, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesUSE OR TRANSPORTATION OF SUCH PRODUCT.

WARRANTY; LIMITATION OF LIABILITY. Seller a. Code Crafters warrants only to Client that the Goods all Deliverables shall be substantially work in accordance with Seller's the specifications set forth in the applicable Statement of Work for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 a period of ninety (90) days after the Goods are shippedfinal delivery thereof. All claims in respect Upon written notice of the Goods must any breach of this warranty, Code Crafters shall have a period of thirty (30) days, or such longer period as may be made in writing reasonably necessary, to Seller within cure such 60 day period or be barredbreach. This warranty shall not will apply only if no modification, alteration or addition has been made to the Deliverables by persons other than Code Crafters Personnel. Except as set forth herein, Code Crafters makes no warranties whether express, implied by law or otherwise, with respect to the Services or any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical propertiesDeliverables provided hereunder, and surface specifically disclaims all implied warranties of merchantability and internal conditionsfitness for a particular purpose. Code Crafters does not warrant that any Deliverable will operate without interruption or be error free. b. Except for claims arising under Section 3 and 6 herein, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified each party’s liability (whether in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinioncontract, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warrantytort, negligence, strict liability liability, by statute or otherwise) to the other party concerning or relating to this Agreement shall in tort or other causesthe aggregate be limited to direct and actual damages not to exceed amounts to be received by Code Crafters under this Agreement for the portion of the Services giving rise to such claim. c. IN NO EVENT SHALL CODE CRAFTERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR OTHER ECONOMIC LOSS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS), EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH INJURIES.

WARRANTY; LIMITATION OF LIABILITY. Seller Vendor warrants only to Purchaser that the Goods Vendor monitors, sensors and other accessories provided will conform to the published product specifications of Vendor in all material respects and be free from material defects in materials and workmanship; […***…] […***…]. Provided that payments are current and Purchaser is not otherwise in breach of this Agreement, Vendor’s obligation if any Vendor monitors, sensors or other accessories found upon examination by Vendor, to be defective during the warranty period shall be substantially limited to repair or replacement. This warranty is subject to the following exclusions, exceptions and limitations: a) repair and maintenance necessitated by neglect, misuse or improper operation of the monitors, Software, or device; b) modification of monitors, sensors and Software without the express written authorization of Vendor or as otherwise provided in accordance with Seller's specifications the Product documentation; c) supplies, devices or electrical work external to the Vendor monitors or not manufactured by or for Vendor; d) use of sensors or other accessories other than those manufactured by or for Vendor and distributed by Vendor; and e) use of the Goodsmonitors and sensors for uses and/or in environments for which they are not intended. THIS WARRANTY IS EXCLUSIVE AND For monitors manufactured by third-parties and not sold under Vendor’s name or trademark, Vendor will pass on to Purchaser all terms and rights provided by the manufacturer. Vendor is not responsible and will charge the Purchaser for repair, replacement, or maintenance necessitated by neglect, misuse, improper operation, accident, fire, water immersion, vandalism, weather, war, or any Act of God, and unauthorized non-Vendor monitors attached to Vendor monitors, or unauthorized modification of Vendor monitors or software. Warranty does not extend to any equipment, or software not manufactured by or for Vendor and that does not have Vendor’s name or Trademark. EXCEPT AS OTHERWISE PROVIDED IN THE HPG AGREEMENT WITH MASIMO, THE FOREGOING WARRANTY, IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED PRODUCT WARRANTIES, EXPRESSED ARISING BY OPERATION OF LAW OR IMPLIEDOTHERWISE, AND NO OTHER WARRANTIES EXIST, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF THE USE AND/OR NON-INFRINGEMENT,INABILITY TO USE THE EQUIPMENT AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SOFTWARE, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH OTHER WARRANTIESDAMAGE. Seller's warranty extends only Some jurisdictions may not permit the limitation of liability under certain circumstances; the foregoing limitations and exclusions are not applicable to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect extent not permitted under the laws of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless ▇▇▇▇▇▇ is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and ▇▇▇▇▇▇ makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and ▇▇▇▇▇▇'s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesrelevant jurisdiction.