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4. Software Warranties8 4.1 WhatW'e warrant . SOFTWARE LICENSE PROVISIONS , We make the following warranties to you, for the entire duration of the applicable Warranty Period. (All Warranty Periods are for 90 days from the Delivery Date unless otherwise indicated.) These warranties are limited as stated in the noles in Section 4.2 below and to the additional limitations in Section 18 and 21. If you experience a warranty breach, we will take action as indicated below. WARRANTY [Note J} a) The media (if any) on which we provide the Software and I or Documentation will be free from material defects. b) The Software will perfonn, in all material respects, in ac- cordance with the Specifications.9 [Note 3] c) The Software will correctly process date data for dates before and after January 1,2000, including but not limited to leap-year recognition. d) To the best of our knowledge after reasonable preventive efforts,JO the Software will not contain any virus, Trojan horse, or Worm, or other software designed to permit unauthorized ac- cess to, or to erase or otherwise harm, your software, hardware, or data. e) The Software will not contain any undisclosed "time bomb," "back door," or other mechanism designed to let us in- terfere with your use of the SoFtware under the License (War- ranty Period: As long as you continue to use the Software) f) 1) We own the Software or are otherwise authorized to grant each License, Hand 2) the Software, your use of it as in~ slructed by the Specifications,12 and the Documentation, will not inmnge any valid patent right, copyright, trade secret right, or similar intellectual property right of any third party. We do not make the warranty of clause (2) in respect of any such right owned or assertable by you or any of your Affiliates.]) (War- ranty Period: As long as you continue to use the Software) WHAT WE WILL DO [Note 2} We will replace the defective media at our expense. Software Performance Remedies (Section 5) Software Performance Remedies (Section 5) Software Performance Remedies (Section 5) Software Performance Remedies (Section 5) Claim Defense (see Section 19) and Infringement Remedies (see Sec- tion 20) 8 Section 4: These warranty- and exclusive-remedy provisions are important to BindView. They have been crafted over several years to allocate risk in a way that is balanced and fair to both you and us. 9 Section 4. J (b): In effect. we l1iarrant that the Software will do what we say it will do (with certain restrictions on the meaning of "what \t'e say it will do "). 10 Section 4.1 (d): Some customers have asked for us to commit to making "best" efforts to prevent infection by viroses, etc. The trouble with that is that, if a problem were to arise, it would almost always be possible to come up with ~ additional precau~ tion that theoretically we should have taken to prevent the problem. Your Jav"yers might therefore try to argue that we had breached the contractfor not having used "best" efforts. lJ Section 4. J (/}(1): Some customers have asked for an absolute warranty of title. We cannot give such a warranty, because some of our products include third-party software that we are licensed to incorporate imo our software. Instead. we offer the above Ivarranty. which says, in effect. "either we own it or we are authorized to grant you the License. " /2 Section 4_ J (j)(2): If you happen to use our Software in the course of infringing an otherwise-unrelated patem, copyright, etc.. we cannot be responsible for such infringement. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 7