WARRANTY: LIMITATIONS OF LIABILITY

Limited Warranty

The Equipment is sold to Customer subject to TransAct’s warranty terms, a copy of which is attached as Schedule 4 hereto (“Equipment Warranty”). Customer is entitled to pass through to its franchisees all Equipment Warranties offered by TransAct. Customer shall have no authority to alter or extend the Equipment Warranties.

Disclaimer of Warranties

EXCEPT FOR THE EQUIPMENT WARRANTY REFERRED TO IN SECTION 7.1, TRANSACT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liabilities

THE SOLE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND TRANSACT’S LIABILITY OF ANY KIND ARISING FROM ANY CONTRACT FOR SALE OF ANY PRODUCTS OR SERVICES SHALL BE LIMITED TO THE SPECIFIC REMEDIES PROVIDED HEREIN. EXCEPT AS PROVIDED HEREIN AND THE SCHEDULES HERETO, THE PRE-INSTALLED SOFTWARE, HOSTED SERVICES, AND, ALL OF TRANSACT’S SERVICES HEREUNDER, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Incidental and Consequential Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT OR REVENUE EVEN IF A PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, EXCEPT AS A RESULT OF GROSSLY NEGLIGENT ACTS OR OMISSIONS OF THAT PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. IN PARTICULAR, TRANSACT SHALL NOT BE LIABLE FOR THE LOSS OF INFORMATION, THE USE OF INACCURATE INFORMATION, THE CREATION OR RELIANCE UPON ANY DATA GENERATED BY END USERS, THE IMAGE RENDERING OF LABELS, OR LABEL COMPLIANCE WITH APPLICABLE REGULATIONS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCTS.