Product Warranty Information

PRODUCT PERFORMANCE WARRANTY. Column warrants that (a) the Product will perform In substantial accordance with its Documentation for a period of one year from the date of the first Order, (b) Column has used commercially reasonable efforts consistent with Industry standards to scan for and remove software viruses, and (c) other than passwords that may be required for the operation of the Product, Column has not Inserted any code that Is not addressed In the Documentation and that Is designed to delete, Interfere with or disable the normal operation the Products In accordance with the license. This warranty will not apply to any problems caused by hardware, software other than the Product, misuse of the Product, use of the Product other than as provided by the applicable license, modification of the Product, or claims made either outside the warranty period or not In compliance with the notice and access requirements set forth below. No warranty Is provided for additional licensed Capacity, Product provided pursuant to Support or Product provided pursuant to Section 11.

LIMITED REMEDIES. Column's entire liability, and Customer's exclusive remedy, for breach of the above warranty is limited to: Column's use of commercially reasonable efforts to have the Product perform In substantial accordance with its Documentation, or replacement of the non-conforming Product within a reasonable period of time, or If Column cannot have the Product perform In substantial accordance with Its Documentation or replace the Product within such time period, then Column will refund the amount paid by Customer for the License for that Product. Customer's rights and Column's obligations In this section are conditioned upon Customer's providing Column during the warranty period (a) full cooperation and access to the Product In resolving any claim; and (b) written notice addressed to the Column Legal Department that Includes notice of the claim, a complete description of the alleged defects sufficient to permit their reproduction In Column's development or support environment, and a specific reference to the Documentation to which such alleged defects are contrary.

Return policy for US Federal acquisitions only: If the license granted by this Agreement falls to meet the government's needs or Is Inconsistent In any respect with Federal law, the government agrees to return the Product, unused, to Column. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988):

Kinetic Data warrants that all unaltered materials furnished by Kinetic Data are manufactured in accordance with the specifications thereof. Kinetic Data will replace any such unaltered Kinetic Data furnished materials found to be defective, provided Licensee notifies Kinetic Data of such defect and returns such materials to Kinetic Data within ten (10) days of delivery of such materials to Licensee, and provided such defect is not caused by misuse or modification of the materials or operator error.

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