Warranty Statement

Limited Warranty and Disclaimer

a. Limited Warranty. Intrepid Data LLC warrants that the Software will substantially conform to the applicable Documentation for the longer of (i) ninety (90) days following the date the Software is made available to You for your Use or (ii) as otherwise set forth at https://intrepiddata.com/warranty. This warranty does not apply if the Software, Intrepid Data LLC product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Intrepid Data LLC or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Intrepid Data LLC, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. Intrepid Data LLC will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Your data.

b. Exclusive Remedy. At Intrepid Data LLC’s option and expense, Intrepid Data LLC shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the warranty period. The Approved Source may ask You to return the Software, the Intrepid Data LLC product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.

c. Disclaimer. Except as expressly set forth above, Intrepid Data LLC and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Intrepid Data LLC does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Intrepid Data LLC does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

d. Limitations and Exclusions of Liability. In no event will Intrepid Data LLC or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Intrepid Data LLC, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.

e. Third Party and Open Source Software. The Software may contain or require the use of third party technology that is provided with the Software, including open source software (“OSS”). Third party technology is licensed to Licensee either under the terms of this Agreement or under separate license terms that shall be specified in the relevant Documentation, “read me” files, notice files, or other such documents or files (“Technology Subject to a Third-Party License”). Licensee’s rights to use Technology Subject to a ThirdParty License are subject to such separate license terms and are not restricted in any way by this Addendum and to the extent that a term of this Addendum is in conflict with any applicable mandatory right granted by a third-party license, such term shall not apply. If applicable, Intrepid Data LLC will furnish OSS source code contained in the Technology Subject to a Third-Party License upon written request and subject to Licensee’s payment of shipping
and handling charges. Third party technology that is not Technology Subject to a ThirdParty License shall be deemed part of the Software and is licensed to Licensee under the
terms of this Addendum. The terms of any third-party license (if any) that apply to the licensed Software are either:

i) specified in the Product Specific Terms,

ii) separately accompany the licensed Software and are automatically presented for acceptance prior to first use of such Software by an Authorized User in accordance with the Confirmation of Order (such as applicable License Type and License Metrics) obtained from Intrepid Data LLC, or

iii) are specified in the “read me” file or document for the licensed Software. The terms of such third-party licenses are herein incorporated by reference to this Addendum.

Glossary
“Approved Source” means (i) Intrepid Data LLC or (ii) the Intrepid Data LLC authorized reseller, distributor or systems integrator from whom you acquired the Software.
“Intrepid Data LLC” means Intrepid Data LLC. or its affiliates
“Documentation” is the Intrepid Data LLC user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source.
“Entitlement” means the license detail; including license metric, duration, and quantity provided in a product ID (PID), claim certificate or right to use notification.
“Software” means the Intrepid Data LLC computer programs and any Upgrades made available to You by an Approved Source and licensed to You by Intrepid Data LLC.
“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof.
“Use” or “Using” means to download, install, activate, access or otherwise use the Software.
“You” and “Your” means the individual or legal entity licensing the Software under the Intrepid Data LLC End User License Agreement (https://intrepiddata.com/eula).

Governing Law, Jurisdiction and Venue
If You acquired the Software in a country or territory listed below, as determined by reference to the address on the purchase order the Approved Source accepted, this table identifies the law that governs this Limited Warranty (notwithstanding any conflict of laws provision) and the specific courts that have exclusive jurisdiction over any claim arising under this Limited Warranty.

The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. In addition, no person who is not a party to the EULA shall be entitled to enforce or take the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999. Regardless of the above governing law, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party's intellectual property or proprietary rights.

Notices
Intrepid Data may provide You with notice via email, regular mail and/or postings on its website
or any other website used as part of the Software. You may give notice to Intrepid Data LLC at any time by any letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Intrepid Data LLC at the following address or such other address as may be notified to You from time to time: Intrepid Data LLC,
1363 SHERMER RD SUITE #212 NORTHBROOK, IL 60062, Attn: Legal Department.