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GE Intelligent Platforms
<br />Terms and Conditions
<br />f he license of any software, including firmware. "Saftwore")or sale of any services, or equipment (Software, services and equipment,
<br />collectively refen`ed to as "Product") is expressly conditioned upon the terms and conditions contained or referred to heiem. Any additional or
<br />different terms and conditions set forth In Customer's purchase order Of b
<br />similar communication are objected to and will not be inding upon
<br />the G E Intelligent Plotforms business providing the Product, whether GE Intelligent Platforms, Inc or its subsidiary (hereinafter "GE"I, unless
<br />specifically agreed to in writing by G E's authorized representative. Authorization bg Customer, whether written or oral, to furnish Product will
<br />constitute occeptnnce of these terms and conditions.
<br />1 Complete Agreement.
<br />1.1 These terms and conditions and any other terms and conditions or documents referenced herein, contain the complete agreement
<br />between the parties, and no modification, amendment, recision, waiver or other change will be binding on GE unless agreed to In writing bg
<br />G E's authorized representative. Any oral or written representation, warranty course of dealing or trade usage not contoured or referenced
<br />herein will not be binding on GE. The invalidity in whole or port, of any of the foregoing sections or paragrophs of the contract will not affect
<br />the remainder of such article or paragraph or any article or paragraph of the contract.
<br />1.2 In addition to these Terms and Conditions, the appendices shall apply as follows: la) the End User License Agreement terms and
<br />conditions attached as Appendix A shall apply to the license of any Softwore; Ib) the Remote Monitoring Services Terms and Conditions
<br />anoched as Appendix 8 shall apply to the provision of any remote equipment monitoring services; (d the GlobalCore Support Terms and
<br />Conditions attached hereto as Appendix C shall apply to the provision of any software maintenance support and Idl the On Site Services
<br />Terms and Conditions attached hereto as Appendix D shall apply to any provision of services performed at a location other than a G E facility
<br />2 Warranty
<br />2.1 Software.
<br />2.1 .1 G E warrants that as of the date of shipment by GE, the GE Software (as defined in Appendix Al will be in substantial conformance with
<br />the product documentation or mutually agreed to specifications pertaining thereto. If, within ninety (90) days of date of shipment it is shown
<br />that the G E Software does not meet this worrantg and such GE Software is returned to GE with a copy of Customer's purchase confirmation,
<br />G E will, at its option, either correct the defect or error in the G E Software, free of charge, or make available to Customer sotisfoctorg
<br />substitute software, or, if none of the foregoing is reasonably available, return to Customer all poyments made as license fees tor, if
<br />applicable, the portion of the fees cold for the GE equipment in which the G E Software is embedded which ore allocable to the G E S oftworel
<br />and terminate the license with respect to the G E Software affected. GE does not warrant that operation of the GE 5 oftware will be
<br />uninterrupted or error free or that [twill meet Customer's needs. Third Party Software is only warranted as provided in Section 2.6 below. All
<br />other portions of the licensed Software (as defined in Appendix A) ore provided "as is" without warranty of any kind.
<br />2.1.2 GE warrants that the media on which the GE Software is delivered will be free from defects in material or workmanship under normal
<br />use and service for a period of ninety (901 days from the date of delivery If any defects are discovered in the media and reported by
<br />Customer within ninety (901 days after delivery, GE shall, at no cost to Customer, upon return of media to GE, replace the media and deliver
<br />to Customer a new and complete copy of the G E Software,
<br />2.2 Equipment. G E warrants that G E equipment sold will be free from material defects in material, workmanship and title and will materially
<br />conform to Ong specifications agreed to by the parties in writing. If any failure to meet this warranty (excluding any defects in title) appears
<br />within one (1) year from the date of shipment of the equipment and Customer returns such equipment to GE pursuant to G E's applicable
<br />repair and replacement policy GE will correct any such failure at its option, IT bg repairing any defective or damaged part or parts of the
<br />equipment, or ( til by making available. FCA Customer's plant or other point of shipment (Inmterms 2010) any necessary repaired or
<br />replacement parts. Inbound shipping charges to GE, including associated taxes, duties, tariffs, etc, shall be paid by Customer. Return
<br />(outbound) warranty repair shipping charges shall be paid by GE to Customer's destination. If in G E's reasonable judgment such repair or
<br />replacing of equipment is not practicable, GE shall refund or credit monies paid by Customer for such products.
<br />2.3 S ervices. G E warrants that services performed will conform to any specifications agreed to by the partes in writing and be performed in a
<br />manner consistent with standard commercial practices in the industry If any failure to meet this warranty appears within ninety 1901 days from
<br />completion of the services, as applicable, G E will correct any such failure by reperforming any defective portion of the services furnished. If
<br />reperformance is not practicable, G E will furnish without charge services in an amount essentially equal to those which, in G E's sole
<br />judgment, would have been required for reperformance.
<br />2.4 Conditions of Warranty T he warranties and remedies set forth herein are conditioned upon. (i) proper storage, installation, use and
<br />maintenance of the Product, the proper design and configuration of the system into which the Product is installed, conformance with any
<br />applicable recommendations of G E, and G E's ability to reproduce and observe the dalmed defect and (ii) Customer promptly notifying GE of
<br />any defects and, as required, promptly making any personnel, Software or computer systems available. Any modification to the Licensed
<br />S oftware by C ustomer without the express written consent of G E shall void the warranty
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<br />G E IP -Terms and Conditions - 130214
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