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. SOFTWARE LICENSE PROVISIONS 4.2 Warranty notes Note I: WE DO NOT WARRANT that the Software will be free of errors or defects, will meet your needs, or will operate without interruption. THE SOFTWARE IS NOT DESIGNED, W AR~ RANTED, OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING F AIL- SAFE PERFORMANCE, including without limitation any application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage. Note 2: The remedies listed in Section 4.1 and in theSection(s) referenced therein are your EX- CLUSIVE REMEDIES for any breach of the corresponding warranties listed therein. Note 3: Section 4.1(b) above does not apply in cases of hardware malfunction, misuse of the Software, use of the Software with other software not described in the Specifications (unless we direct you to use the Software with such other softv.iare, in a writing that expressly states that the warranties of this Agreement shall apply to such use),14 or bugs in other software with which the Software interacts. (Continued on next page) 13 Section 4./(f),jinal sentence: For obvious reasons, we do not want one of your affiliates suing us, and then for you to claim indemnity rights, because YQ!! are supposedly infringing the affiliate's IP rights by using our software. 14 Section 4.2, Note 3: This clause deals with the situation in which you caU up our phone-support line and ask "can I do Xwilh the software, " where X is not something that is documented or that we support. Our phone-support people are nevertheless likely to try to help ~they might tell you something like, "Try running program A, then function C. then feature B." We doft 't want that to be subject to a performance warranty unless it gets formally agreed to as provided above. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 8