Indemnifications and Warranty

Navini Networks, Inc.

Ripwave MX Modem User Guide

ARTICLE 4

4.1Intellectual Property Indemnification; Entire Liability. ARTICLE 15 OF THE SUPPLY AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE ENTIRE LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED SOFTWARE, DOCUMENTATION, OR ANY PARTS THEREOF, AND NAVINI NETWORKS, INC. SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR PROVEN INFRINGEMENT.

4.2Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED SOFTWARE IS PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS A MATERIAL FACTOR IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR EACH SPECIFIC ITEM OF SOFTWARE LICENSED.

ARTICLE 5

LIMITATION OF LIABILITY

5.1Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

5.2License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer under this Agreement for the particular licensed Software that caused the damages.

5.3Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall not be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to correct the Software error as provided in this License Agreement or the Supply Agreement to which it is attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer from significant loss of valid data.

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