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2 Remanufactured Subassemblies or Ports. Certain products hereunder may contain remanufactured subassemblies of parts which have
<br />been cleaned refirished, inspected, and tested to new product standards. The warranty for any such product will be as provided in this
<br />agreement or any applicable warranty of the third party manufacturer, if applicable
<br />2.6 Limitations on Warronty GE warrants non -GE manufactured equipment including, but not limited to, personal computers, micro drives,
<br />rotary disks, compact flash, cables and accessories, and Third Party Software las defined in Appendix AI only to the extent that the
<br />manufacturer's or Third Party's warranty allows GE to transfer such warranty to Customer. G E will pass through to Customer any such
<br />warranties. To the extentang such manufacturer or Third Party fails to provide a pass-through warranty such equipment or Third Party
<br />Software is provided "AS IS" without warranty of any kind and the manufacturers Ond/orThird Parties disclaim all warranties, whether express
<br />orimplied, Including but not limited to the implied warranties of merchantability title, non -infringement or fitness for o particular purpose. The
<br />manufacturers OrThird Parties shall not have any liability for special, indirect, puntive, incidental orconsequential damages. Customer's sole
<br />remedy for breach of such warranty shall be the remedy offered by and available from the manufacturer or Third Party if any GE shall have
<br />no liability whetherin contract tort, negligence, or otherwise, to Customer with respect to non -GE manufactured equipmentor Third Party
<br />S oftware.
<br />2.7 EXCEPT AS SET FORTH IN SECTION 3.2, THE WARRANTIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
<br />WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
<br />FOR PARTICULAR PURPOSE SHALL APPLY. GE DOES NOT WARRANT ANY EQUIPMENT. SOFTWARE OR SERVICES OF OTHERS
<br />WH IC H C U S T 0 M E R HAS DE S IS NAT E D. The warranty remedies set forth herein provide the exclusive remedies for all claims (except as to
<br />title) based on failure of, or defect in, P roduct provided hereunder, whether the failure or defect arises before or during the wai rarity period
<br />and whether a claim, however instituted, is based on contract, indemnity warranty tort (Including negligence), strict liability or otherwise. Upon
<br />the expiration of the applicable warranty period, all such liability shall terminate.
<br />3 Intellectual Property
<br />3,1 G E shall retain exclusive rights to its Products, intellectual property rights (including copyrights, trademarks, patents and trade secrets),
<br />schematics, logic diagrams, and manufacturing processes. and to all modifications thereto funded by Customer, and, if applicable, the Internet
<br />Advisory S ite (as defined in Appendix Bit the Advisory Intelligence los defined in Appendix BI, and the technology used to generate the
<br />Advisory Intelligence. G E shall retain ownership in and does not convey nor does C ustomer or Customer's final customer obtain any right.
<br />title, or interest in, Software, specifications or data furnished or developed by G E either prior to or in the performance of Customer's order. No
<br />schematics or source code shall be furnished, unless pursuant to a separate license as agreed by G E. S abject to the performance of its
<br />obligations hereunder, Customer shall have a license to use G E's intellectual property rights only as they are embodied in the P roducts and
<br />for no other purpose. Customer sholl not modify of reverse engineer the Products.
<br />3.2 G E warrants that any G E equipment sold hereunder or G E S oftware (as defined in Appendix A) licensed hereunder, and any part thereof,
<br />shall be free of any rightful claim of any third party for infringement of any United 5 totes patent, copyright, trademark or trade secret. If
<br />promptly notified in writing and given authority information and assistance, G E shall defend, or may settle, at its expense, any suit or
<br />proceeding against Customer based on o claimed infringement which would result in a breach of this warranty and G E shall pay all damages
<br />and costs awarded therein against Customer due to such breach, other than damages and costs arising from any willful infringement by
<br />Customer after receipt of notice of the claimed infringement. G E shall not be responsible for any compromise or concession made by
<br />Customer without G E's prior written consent. In case any equipment or G E S oftware is in such suit held to constitute such an infringement
<br />and the use for the purpose intended of said equipment or S oftware is enjoined, G E shall, at its expense and option, either procure for
<br />Customer the right to continue using said equipment or Software, or replacing some with noninfringing equipment or Software, or modify
<br />some so they become noninfringing, or remove the equipment or S oftware and refund the purchase price or license fee (less reasonable
<br />depreciation for any period of use) and any transportation costs separately paid by Customer. The foregoing states the entire liability of G E for
<br />patent, copyright, trademark or trade secret infringement.
<br />3.3 The preceding paragraph shall not apply to any equipment or S oftwore (a) specified by Customer and not of G E manufacture, or (b)
<br />manufactured to Customer's design, or (c) to the use of any equipment or Software furnished with other equipment or Software in a
<br />combination not furnished by G E as port of the transaction, As to any such equipment or S oftwore, or use in such combination, G E assumes
<br />no liability whatsoever for infringement and Customer will hold G E harmless against any infringement claim arising therefrom (including, but
<br />not limited to, reasonable attorney's fees(.
<br />4 Excusable Delays.
<br />4.1 G E shall not be liable for delay due to causes beyond its reasonable control, including, but not limited to, acts of G ad, acts of Customer,
<br />prerequisite work by others, acts of civil or military authority government priorities, fires, strikes or other labor disturbances, floods, epidemics,
<br />war, terrorism, riot, delays in transportation or car shortages, or inability to obtain or delay in obtaining suitable labor, materials, or facilities,
<br />due to causes beyond its reasonable control. In the event of any such delay the time of performance shall be extended for a period equal to
<br />the time lost by reason of the delacg
<br />4.2 In the event G E is delayed by acts of Customer or by prerequisite work by other contractors or suppliers of Customer, G E shall be entitled
<br />to on equitable price adjustment in addition to extension of the time of performance.
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<br />G E IP - Tei and Conditions - 130214
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