User's Manual

RESTRICTIVE COVENANT

AND

DISCLAIMER

Tucson, Arizona, U.S.A.

Modular Mining Systems, Inc., makes no representation regarding the fitness, quality, design, condition,

capacity, suitability, or performance of the equipment or of the material or workmanship thereof and/or compliance

of the system with the requirements of any law or regulations, and disclaims all warranties, either express or implied,

including but not limited to any implied warranty of merchantability or fitness for any particular purpose. Modular

Mining Systems, Inc., shall not be responsible for any loss or damage to property or injury or death to persons caused

by any defect or failure in the system hardware and/or software regardless of the form of action, whether in contract

or in tort, including negligence, strict liability, or otherwise. Modular Mining Systems, Inc., is not responsible for any

losses, financial or otherwise, that the customer, purchaser, or end user (hereafter, collectively, user) incurs nor shall

it be liable for any damages whatsoever (including, without limitation, damages for loss of business or investment

profits, business interruption, loss of business information or the like) arising out of the use, interruption in the use of,

or performance of the system hardware and/or software. User expressly agrees to indemnify and hold harmless

Modular Mining Systems, Inc., from and against all claims, damages, losses, and expenses, including but not limited

to: (i) any loss resulting from general or particular requirements of needs of user as defined in user’s originating

purchase order; (ii) any damages from loss of use, loss of data, loss of profits, or loss of business arising out of or in

connection with the performance of system hardware and/or software; (iii) any loss or damage to property or injury

or death to persons proximately resulting from system hardware and/or software, even if entirely due in whole or in

part to negligent acts or omissions of Modular Mining Systems, Inc.; and (iv) attorney’s fees and costs.

The information described in this document is furnished as proprietary information and may not be copied or sold

without the written permission of Modular Mining Systems, Inc.

Trademarks

(distinctive font) and the Modular logo are trademarks of Modular Mining Systems, Inc.

and are registered U.S. trademarks of Modular Mining Systems, Inc.

All other brand names and product names used in this book are trademarks, registered trademarks, or trade names of

their respective holders.