Common use of Warranty Limitations Clause in Contracts

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery datedate on which the Software is delivered to the Customer by MSC. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION Except as expressly stated in Section 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWof this Agreement and to the extent not prohibited by applicable law, NEITHER neither MSC NOR ANY SUPPLIER OF nor any supplier of MSC MAKE ANY WARRANTIES OF ANY KINDmake any warranties of any kind, WITH RESPECT TO THE SOFTWAREwith respect to the Software, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENTDocumentation or Maintenance provided under this Agreement. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITYfurther expressly disclaims the warranties of satisfactory quality, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENTfitness for a particular purpose and non-infringement. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEmakes no warranty that the operation of the Software will be uninterrupted or error free. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and to receive a refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY SUPPLIER OF MSC ITS SUPPLIERS OR RESELLERS MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants to Customer that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, DOCUMENTATION OR SERVICES MAINTENANCE PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC Hexagon warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSCHexagon) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC HEXAGON NOR ANY AFFILIATE OR SUPPLIER OF MSC HEXAGON MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENT. MSC HEXAGON FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC HEXAGON MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSCHexagon's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSCHexagon's option: : (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC Hexagon software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC Hexagon for the non-conforming Software. MSC Hexagon will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSCHexagon, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC Next Limit warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSCNext Limit) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION Except as expressly stated in section 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWof this Agreement and to the extent not prohibited by applicable law, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KINDneither Next Limit nor any supplier of Next Limit make any warranties of any kind, WITH RESPECT TO THE SOFTWAREwith respect to the Software, DOCUMENTATIONDocumentation, MAINTENANCEMaintenance, OR SERVICES PROVIDED UNDER THIS AGREEMENTor Services provided under this Agreement. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITYNext Limit further expressly disclaims the warranties of merchantability, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENTfitness for a particular purpose and non-infringement. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREENext Limit makes no warranty that the operation of the software will be uninterrupted or error free. 10.3 Customer's exclusive remedy, and MSC's Next Limit´s sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's Next Limit´s option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC Next Limit software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC Next Limit for the non-conforming Software. MSC Next Limit will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSCNext Limit, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC 8.1 FFT warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSCFFT) will conform substantially to its associated Documentation for a period of ninety (90) days from the initial delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 8.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 8.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC FFT NOR ANY SUPPLIER OF MSC FFT MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, SERVICES OR SERVICES OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. MSC FFT FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MSC FFT MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 8.3 Customer's exclusive remedy, and MSCFFT's sole liability, for Software that does not meet the warranty set forth in Section 10.1 8.1 will be, at MSCFFT's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC FFT software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC FFT for the non-conforming Software. MSC FFT will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSCFFT, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC Hexagon warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSCHexagon) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC HEXAGON NOR ANY AFFILIATE OR SUPPLIER OF MSC HEXAGON MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, SUPPORT OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MSC HEXAGON FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC HEXAGON MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC▇▇▇▇▇▇▇'s sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSCHexagon's option: : (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC Hexagon software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance Support fees actually paid to MSC Hexagon for the non-conforming Software. MSC Hexagon will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSCHexagon, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery datedate on which the Software is delivered to the Customer by MSC. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION Except as expressly stated in Section 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWof this Agreement and to the extent not prohibited by applicable law, NEITHER neither MSC NOR ANY SUPPLIER OF nor any supplier of MSC MAKE ANY WARRANTIES OF ANY KINDmake any warranties of any kind, WITH RESPECT TO THE SOFTWAREwith respect to the Software, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENTDocumentation or Maintenance provided under this Agreement. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITYfurther expressly disclaims the warranties of satisfactory quality, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENTfitness for a particular purpose and non-infringement. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. makes no warranty that the operation of the Software will be uninterrupted or error free. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and to receive a refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-non- conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery datedate on which the Software is delivered to the Customer by MSC. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. The Software, the Documentation, Maintenance and other Services provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION Except as expressly stated in Section 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWof this Agreement and to the extent not prohibited by applicable law, NEITHER neither MSC NOR ANY SUPPLIER OF nor any supplier of MSC MAKE ANY WARRANTIES OF ANY KINDmake any warranties of any kind, WITH RESPECT TO THE SOFTWAREwith respect to the Software, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENTDocumentation or Maintenance provided under this Agreement. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITYfurther expressly disclaims the warranties of satisfactory quality, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENTfitness for a particular purpose and non-infringement. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. makes no warranty that the operation of the Software will be uninterrupted or error free. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and to receive a refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that 7.2.1 if a Warranty has been supplied for the Software when used as permitted under this Agreement and unless otherwise defined by the PTC or by the Support, the Warranty applies only to the Licensed Version. The Warranty ceases its validity in accordance with case the instructions User updates the Software to a different Version. 7.2.2 The Warranty is void in case of non-compliance to the Requirements or for uses in violation of the Agreement. 7.2.3 The Warranty never covers defects that cannot be reproduced or that are bound to performances factors or implementations/configurations/use of the Software differing from those originally planned by the Owner, or deriving by events outside the reasonable control of the Owner. 7.2.4 The Warranty never covers features not included in the Documentation Version under Wwarranty or any error/anomaly/behavior differing from the expectations and caused or introduced by elements under the User’s duty or responsibility (including use on a computer hardware and operating system platform supported by MSC) will conform substantially but not limited to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery dateincomplete, missing or wrong specifications, etc.). 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 7.2.5 THE OWER EXCLUDES ANY EXPRESS OR TACIT WARRANTY, INCLUDING WARRANTIES OR GUARANTEES OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWQUALITY, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, INTEGRATION WITH THIRD PARTY SOFTWARE OR SYSTEMS, SECURITY AND NON- INFRINGEMENTNON-VIOLATION OF THIRD PARTY RIGHTS. MSC MAKES NO FURTHERMORE, THE OWNER DOES NOT OFFER ANY WARRANTY THAT THE OPERATION SOFTWARE CAN WORK WITHOUT INTERRUPTIONS OR MALFUNCTIONS AND IS FREE FROM ERRORS. FINALLY, NO WARRANTY IS OFFERED ON THE INTEGRITY OF DATA OR CONTENT PROCESSED, GENERATED OR STORED BY THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREESOFTWARE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that 7.2.6 The Warranty does not meet include: a) The shipment cost of any hardware containing Updates and the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct costs for performing the non-conforming Software within a reasonable time so that it conforms updates to the warranty; (iiSoftware. b) to replace the non-conforming Software with another MSC Any support on other software offering of substantially similar functionality; or (iii) if neither (i) or (ii) which is commercially feasible, permit Customer to terminate the license as to the non- conforming Software and refund not part of the license fees and associatedSoftware. c) The cost to recover the Software or associated data or content following any damage due to accidental causes, unused Maintenance fees actually paid to MSC acts of god, malfunction, fault or moving of Devices, manumissions, negligence, improper use as well as anything not explicitly defined in the Agreement. d) Any support for the non-conforming installation, configuration, update, use or management fo the Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, SUPPORT OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- conforming Software and refund of the license fees and associated, unused Maintenance Support fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC Licensor warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSCLicensor) will conform substantially to its associated Documentation for a period of ninety (90) days from the initial delivery date. Any claim by Customer Licensee of a breach of this warranty must be made in writing and within ninety (90) days of the initial delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC LICENSOR NOR ANY AFFILIATE OR SUPPLIER OF MSC LICENSOR MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, SERVICES OR SERVICES OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON- INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREENON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. 10.3 CustomerLicensor does not warrant, guarantee, or make any representations concerning the use, usefulness, results of use, of the Software or Documentation, or as to the correctness, accuracy, or reliability of the Software. In particular, the Software is a complex product and is not warranted to be free of defects in programming or errors in performance or to operate without interruption, or to be compatible in all respects with the multiple software and hardware products that may be interfaced with it. It is the Licensee’s responsibility to choose software that meets the Licensee’s computing needs, and the Licensee bears the entire risk as to the performance and results of the Software, and Licensee is cautioned not to rely exclusively on the Software for the measurement functions that it facilitates without verification or cross-checking through other means. Licensee agrees that no oral or written representation, statements, advice or advertisements by Licensor or its Affiliates, or their Resellers, agents or employees constitute any warranty or modification of the foregoing disclaimer and limited warranty, and Licensee is hereby notified that no such person has any authority to make any such modification or additional warranties. 10.4 Licensee's exclusive remedy, and MSCLicensor's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSCLicensor's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC Licensor (or Affiliate) software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer Licensee to terminate the license as to the non- non-conforming Software and refund of the unused license fees and associated, unused Maintenance fees actually paid to MSC by Licensee for the non-conforming Software. MSC Licensor will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSCLicensor or its agents, or (b) failure of the Software caused by Customer Licensee or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC Hexagon warrants to Customer that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSCHexagon) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC HEXAGON NOR ANY AFFILIATE OR SUPPLIER OF MSC HEXAGON MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, DOCUMENTATION OR SERVICES MAINTENANCE PROVIDED UNDER THIS AGREEMENT. MSC FURTHER HEXAGON EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC HEXAGON MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSCHexagon's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSCHexagon's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC Hexagon software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC Hexagon for the non-conforming Software. MSC Hexagon will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSCHexagon, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION SECTION 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY AFFILIATE OR SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery datedate on which the Software is delivered to the Customer by MSC. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 EXCEPT AS EXPRESSLY STATED IN SECTION Except as expressly stated in Section 10.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWof this Agreement and to the extent not prohibited by applicable law, NEITHER neither MSC NOR ANY SUPPLIER OF nor any supplier of MSC MAKE ANY WARRANTIES OF ANY KINDmake any warranties of any kind, WITH RESPECT TO THE SOFTWAREwith respect to the Software, DOCUMENTATION, MAINTENANCE, OR SERVICES PROVIDED UNDER THIS AGREEMENTDocumentation or Maintenance provided under this Agreement. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITYfurther expressly disclaims the warranties of satisfactory quality, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENTfitness for a particular purpose and non-infringement. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. makes no warranty that the operation of the Software will be uninterrupted or error free. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-non- conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and to receive a refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.

Warranty Limitations. 10.1 8.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the initial delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date. 10.2 8.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1 8.1 OF THIS AGREEMENT AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER MSC NOR ANY SUPPLIER OF MSC MAKE ANY WARRANTIES OF ANY KIND, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MAINTENANCE, SERVICES OR SERVICES OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. MSC FURTHER EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- NON-INFRINGEMENT. MSC MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 10.3 8.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the warranty set forth in Section 10.1 8.1 will be, at MSC's option: (i) to correct the non-conforming Software within a reasonable time so that it conforms to the warranty; (ii) to replace the non-conforming Software with another MSC software offering of substantially similar functionality; or (iii) if neither (i) or (ii) is commercially feasible, permit Customer to terminate the license as to the non- non-conforming Software and refund of the license fees and associated, unused Maintenance fees actually paid to MSC for the non-conforming Software. MSC will have no responsibility or obligation under the foregoing warranty or otherwise with respect to: (a) any Software that has been modified by anyone other than MSC, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication.