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4D Systems, Australia
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Customer Acknowledgement. The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from 4D Systems Pty Ltd. 4D Systems Pty Ltd is the trading name of 4D Systems Pty Ltd. This contract of sale is between the entity named on the invoice (the "Customer") and 4D Systems Pty. Ltd. All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for 4D Systems has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect. Customer agrees to ensure that all personal and financial details that are provided to 4D Systems are correct. 4D Systems accepts no responsibility for any omissions or errors, and we reserve the right to change any or all information that relates to listing products or services. 4D Systems reserves the right to update or amend these Terms and Conditions at any time they so wish. It is your responsibility to check the Terms and Conditions prior to the placement of each order to ensure that you agree to any amendments that have been made prior to you placing your order. These Terms and Conditions supersede any previous

Terms and Conditions. All sales made in the State of New South Wales, Australia. All sales shall be deemed made in the state of New South Wales, Australia regardless of the location of the Customer. The Customer agrees that any dispute with 4D Systems Pty Ltd shall be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales, Australia. General. 4D Systems warrants that it has good title to all products it sells. In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect. Title of Goods. The goods shall remain the sole and absolute property of 4D Systems as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to 4D Systems in respect of any loss or damage to the goods during such bailment. Errors and Omissions. 4D Systems makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. Accuracy of Information. We attempt to ensure that information on the 4D Systems Web Site is complete, accurate and current. Despite our efforts, the information on the 4D Systems Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the 4D Systems Web Site. Information contained in this publication regarding device applications and the like is provided only for your convenience and may be superseded by updates. It is your responsibility to ensure that your application meets with your specifications.

Warranty Information. All products sold by 4D Systems are covered by 90 days manufacturers' warranty that accompanies the product unless otherwise stated. 4D Systems makes no additional or independent warranty. 4D Systems does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. In case of malfunctioning or damaged products customer will observe the following RMA procedure: 1) Customer has 90 days manufacturer’s warranty from time of possession of Products. 2) If customer reports that a 4D Systems product is not working properly, customer will collect all relevant information about the malfunction and share this information with 4D Systems’ technical support team. 3) Based on information provided by customer, 4D Systems shall determine whether the Product(s) can be repaired and whether it can be repaired under warranty. 4) If the Product(s) can be repaired under warranty, and this cannot be done remotely, 4D Systems will provide customer with an RMA number and ask the customer to ship back the malfunctioning item(s) for repair or replacement. 5) Customer must send back all the malfunctioning units with the RMA number(s) clearly visible on the packaging. Packages without visible RMA numbers on the packaging will not be accepted. 6) After examining and testing the returned item(s) 4D Systems will either repair or replace the item(s) to customer at its cost and earliest convenience, but no longer than 30 days after receiving the package. Limitations of Liability. The customer acknowledges and agrees that, in no event, shall 4D Systems Pty Ltd be liable, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, for any indirect, special, punitive, exemplary, incidental or consequential loss, damage, cost or expense of any kind whatsoever, howsoever caused, or for any loss of production, cost of procurement of substitute goods, loss of capital, loss of software, loss of profit, loss of revenues, contracts, business, cost of rework, loss of goodwill or anticipated savings, or wasted management time, even if 4D Systems has been advised of the possibility. 4D Systems total liability on all claims, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, shall not exceed the purchase price of goods or content. These limitations shall not apply where expressly prohibited by law.

Governing Law. This Agreement shall be deemed to be negotiated and executed in Sydney, New South Wales, Australia, and shall be governed by the substantive laws of the State of New South Wales and the Commonwealth of Australia. Indemnification. Customer agrees to indemnify and hold 4D Systems, its Board of Directors, Officers, Employees (collectively and individually) harmless from any and all claims, demands, actions, damages and liabilities, which arise out of or in any manner related to customers failure of performance hereunder. Additionally, In no event shall 4D Systems be liable to the customer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product or service provided or to be provided by 4D Systems, or the use or inability to use the same, even if 4D Systems has been advised of the possibility of such damages. 4D Systems shall have no liability for infringement claims of any kind arising from: (i) modifications of these 4D Systems Products other than by 4D Systems; (ii) use of these Products in combination with non-4D Systems software or hardware if a claim would not have occurred but for that combination; (iii) failure to use updated or modified versions of these Products provided by 4D Systems to avoid infringement. 4D Systems’ products are not fault tolerant nor designed, manufactured or intended for use or resale as on line control equipment in hazardous environments requiring fail – safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems in which the failure of the product could lead directly to death, personal injury or severe physical or environmental damage (‘High Risk Activities’). 4D Systems and its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities. Use of 4D Systems’ products and devices in 'High Risk Activities' and in any other application is entirely at the Customers’ risk, and the Customer agrees to defend, indemnify and hold harmless 4D Systems from any and all damages, claims, suits, or expenses resulting from such use. No licenses are conveyed, implicitly or otherwise, under any 4D Systems intellectual property rights.

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