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18.10 LIMITED WARRANTY AND EXCLUSIVE REMEDY
Radiodetection warrants that for a period of sixty (60) days from the date of delivery ("Warranty Period"), that the
Software will operate and perform materially in conformance with the Documentation. If a breach of the warranty
set forth in this Section 10 occurs, Customer's sole and exclusive remedy is that Radiodetection will provide
reasonable efforts to correct non-conformances which are reproducible by Radiodetection during the Warranty
Period. If the use of the Software allows connection to a Radiodetection Server, during any subscription term,
Radiodetection will use commercially reasonable efforts to make the Radiodetection server generally available
except for planned downtime or downtime caused by circumstances beyond Radiodetection's reasonable control.
18.11 DISCLAIMER
Radiodetection makes no representations and extends no warranties of any kind (other than those set forth in
Section 10) with respect to (i) the use, sufficiency or accuracy of the Software; (ii) the sufficiency or accuracy of
the reports or tests performed utilizing the Software; (iii) any Third Party Software and Open Source Software;
(iv) any Third Party websites or links (including hyperlinks) thereto; or (v) the availability of the Software, the
Radiodetection server or that the Software or the Radiodetection server performance will perform error-free and
uninterrupted. To the extent permitted by applicable law, the foregoing warranties are in lieu of all other
warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability,
fitness for any particular purpose (even if Radiodetection knows or has been made aware of such purpose), and
the warranty against infringement of patents or other intellectual property rights. The software is not fault-tolerant
and is not designed, manufactured, or intended for use in hazardous environments that require fails-safe
performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air
traffic control, emergency response, terrorism prevention or response, life support or weapons systems ("high
risk activities") the failure of which could lead to death, personal injury, or severe physical or environmental
damage. Radiodetection expressly disclaims any warranty of fitness for high risks activities.
18.12 LIMITATION OF LIABILITY
Radiodetection and /or the Third Party is not liable for any indirect damages, lost profits, incidental or
consequential damages, arising out of this Agreement or the furnishing of the Software or Third Party Software,
websites or links (including hyperlinks) thereto, including the use or inability to use the Software or the Third
Party Software, websites or links (including hyperlinks) thereto, even if Radiodetection knows or has been made
aware of the possibility or likelihood of such damages. Radiodetection is not responsible for any compensation,
reimbursement, or damages arising in connection with: Users inability to use the Software as a result of any
unanticipated or unscheduled downtime of all or a portion of the Radiodetection and/or Third Party server for any
reason, including as a result of power outages, system failures or other interruptions. Radiodetection's and/or its
Third Party's liability under this Agreement, if any, is limited to i) the annual license fees for subscription license
or (ii) the total license fees actually received by Radiodetection for the Software. If any remedy hereunder is
determined to have failed of its essential purpose, all limitations of liability, disclaimers and exclusions of warranty
and damages set forth in this agreement shall remain in effect.
© 2020 Radiodetection Ltd
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