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will not cause such damages. Customer agrees that it will defend and hold SEQUOIA harmless from any and all claims and costs
(including but not limited to attorney’s fees and other costs of defense against such claims) in excess of the price of the Products
arising directly or indirectly from such Customer’s use of the Products. Such indemnification is a critical part of the consideration
being provided by Customer (over and above the price paid for the Product(s)) for the right to use the Products for such purposes
and Customer shall not use a Product or Products for such purposes if it is unwilling or unable to provide such indemnification.
9. Statute of Limitations
Customer will not commence any action based on breach of warranty with respect to any Product more than 18 months after
SEQUOIA's delivery of such Product.
10. Software
The Products may include or be delivered with certain computer programs, databases or other software that is proprietary to
SEQUOIA. SEQUOIA hereby grants Customer a nonexclusive license to use such software solely for the purpose of operating
Products. Customer will not: use any such software for any other purpose; modify, adapt, translate, or create derivative works
based on any such software; or disassemble, decompile or reverse engineer any such software. No title to or ownership of any
software or intellectual property rights are transferred to Customer.
11. U.S. Government Restricted Rights Notice
All software, data, technical information, and written materials provided by SEQUOIA are provided with restricted rights. Use,
duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at 48 C.F.R. § 252.227-7013 or in subparagraph (c)(2) of the Commercial
Computer Software-Restricted Rights clause at 48 C.F.R. § 52.227-19, as applicable. Portions of these items may be
unpublished. SEQUOIA reserves all rights under applicable copyright laws.
12. Controlling Document
In the event of any conflict or inconsistency between any provision of this Statement of Limited Warranty and any other provision
of the Order, the provision of this Statement of Limited Warranty will control.
13. Controlling Law
This Statement of Limited Warranty will be governed by the laws of the State of Washington without reference to its rules relating
to choice of law for the purpose of applying another
jurisdiction’s law. The U.N. Convention on Contracts for the International Sale
of Goods will not apply.
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