IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH - ITAT

103. Limited WarrantiesTIBCO warrants that; (a) for thirty days following initial delivery of theTIBCO Software to Licensee, the unmodified TIBCO Software, undernormal us on the Platform for which it is intended, will perform all materialfunctions described in its documentation. (b) that TIBCO has the right togrant the licenses and other rights set forth herein, and (c) apart from thelicense keys the TIBCO Software licensed as of the Effective Date (and allupdates made available from time to time) will be free of any code whichallows a remote disabling of the TIBCO Software and TIBCO will notintentionally interfere with Licensee’s use of the Software. If a defect isreported to TIBCO during such thirty-day period. TIBCO may either repairaccording to the Silver program severity level as defined in the MaintenanceAddendum and the Cover Pages or replace the TIBCO Software or failingboth, provide Licensee with a full refund. In the event of a refund, thisAgreement shall terminate. In the event a refund is provided for asubsequent license purchase of other TIBCO Software, this Agreement willonly terminate with regard to those licensed copies, TIBCO shall resolveclaims related to (b) in the manner provided in the Section entitled“indemnity”. The foregoing shall be Licensee’s sole and exclusive remediesand the entire liability of TIBCO and its licensors for any breach of theselimited warranties under (a) NO TIBCO AGENT OR EMPLOYEE ISAUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS ORADDITIONS TO THESE LIMITED WARRANTIES.EXCEPT AS PROVIDED ABOVE THE TIBCO SOFTWARE ANDSERVICES ARE PROVIDED “AS IS” AND ALL OTHER EXPRESS ORIMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIESINCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTYOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE(EVEN IF INFORMED OF SUCH PURPOSE), OR ARISING FROM ACOURSE OF DEALING, USAGE, OR TRAE PRACTICE, ARE HEREBYEXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.NO WARRANTY IS MADE THAT THE TIBCO SOFTWARE’SFUNCTIONALITY OR SERVICES WILL MEET LICENSEE’SREQUIREMENTS, OR THAT THE OPERATION OF THE TIBCOSOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.”