Frontline Systems Limited Warranty

LIMITED WARRANTY

Frontline Systems, Inc. ("Frontline") warrants that the CD-ROM, diskette or other media on which the Software is distributed and the accompanying User Guide (collectively, the "Goods"), but not the digital or printed content recorded thereon, is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days after purchase, and any implied warranties on the Goods are also limited to ninety (90) days. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Frontline's entire liability and your exclusive remedy under this warranty shall be, at Frontline's option, either (i) return of the purchase price or (ii) replacement of the Goods that do not meet Frontline's limited warranty. You may return any defective Goods under warranty to Frontline or to your authorized dealer, either of which will serve as a service and repair facility.

If you purchase an Annual Support Contract from Frontline, then Frontline warrants, during the contract term, that the Software will perform substantially as described in the User Guide, when it is properly used as described in the User Guide. Frontline's entire liability and your exclusive remedy under this warranty shall be to make reasonable commercial efforts to correct any "bugs" (failures to perform as so described) reported by you, and to timely provide such corrections in the Software to you. If you do not purchase an Annual Support Contract from Frontline, or if you allow your Annual Support Contract to expire, then THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

Whether or not you purchase an Annual Support Contract from Frontline, you understand and agree that any results obtained through your use of the Software are entirely dependent on your design and implementation of an optimization or simulation model, for which you are entirely responsible, even if you seek advice on modeling from Frontline. You understand and agree that THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AS USED WITH YOUR OPTIMIZATION OR SIMULATION MODEL IS ASSUMED BY YOU.

EXCEPT AS PROVIDED ABOVE, FRONTLINE DISCLAIMS, AND WITHOUT EXCEPTION ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IN NO EVENT SHALL FRONTLINE OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In states that allow the limitation but not the exclusion of such liability, Frontline's and its Suppliers' liability to you for damages of any kind is limited to the price of one copy of the Goods and one Standalone License to use the Software.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and Media are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Frontline Systems, Inc., P.O. Box 4288, Incline Village, NV 89450.

See also Frontline Systems Software License.