Warranty

conformity (as determined by Seller at its sole discretion) by providing Buyer with: (a) telephone
or e-mail access to report non conformance so that Seller can verify reproducibility; (b) a
software patch or bug-fix, if available, or a workaround to bypass the issue, if available; and (c)
where applicable, replacement of damaged or defective external media, such as a CD-ROM disk,
on which the software was originally delivered. Seller does not warrant that the use of the
software will be uninterrupted, error-free, free of security vulnerabilities, or that the software will
meet Buyer’s particular requirements. Purchaser’s sole and exclusive remedy for breach of this
warranty is, at Seller's option, to receive (i) suitably modified software, or part thereof, or (ii)
comparable replacement software or part thereof.
d. The above warranty provisions shall not apply to any hardware or software Product (including
Core Product software) (i) which has been repaired, tampered with, altered or modified, except
by Seller; (ii) in which the defects or damage to such Product result from normal wear and tear,
misuse, negligence, improper storage, water or other liquids, battery leakage, use of parts or
accessories not approved or supplied by Seller, or failure to perform operator handling and
scheduled maintenance instructions supplied by Seller; or (iii) which has been subjected to
unusual physical or electrical stress, abuse, or accident, or forces or exposure beyond normal use
within the specified operational and environmental parameters set forth in the applicable Product
specification; nor shall the above warranty provisions apply to any expendable or consumable
items, such as batteries, supplied with the Product.
EXCEPT FOR THE WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED
ABOVE, SELLER DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED
HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR USE. THE REMEDY SET FORTH IN THIS SECTION
IS BUYER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, AND IS
EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO
BUYER AT LAW OR IN EQUITY.