Warranty

Products, Progress, at its sole option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or
component part(s). Specifically, Progress will repair the Product, replace with a similar or like Product (as determined by Progress in its
sole discretion), or issue a credit to the purchaser which may be used for future Progress product purchases. (The amount of such credit
shall be calculated by Progress at its sole discretion). Progress reserves the right to use new, reconditioned, refurbished, repaired or
remanufactured products or parts in the repair or replacement of any Product covered by this Warranty. This Warranty excludes any and
all removal or reinstallation costs and expenses including, without limitation, labor and equipment required to remove and/or reinstall
original or replacement Product(s) or parts, shipping costs to return nonconforming Products(s) or any damage that may occur during the
return of any Product(s) to Progress. This Warranty only extends to the Products as delivered to, and is for the sole and exclusive benefit
of, the end user of the Products at the original location. Progress reserves the right to use new, reconditioned, refurbished, repaired or
remanufactured products or parts in the repair or replacement of any Product covered by this Warranty. This Warranty may not be
transferred or assigned by the end user. The repair, issuing of future purchase credit or replacement of any Products or component part
within the Products is the sole and exclusive remedy for failure of the Products to comply with the terms of this Warranty and does not
extend the Warranty period. Warranty claims regarding Products must be submitted in writing within thirty (30) days of discovery of the
defect or failure to an authorized Progress customer service representative. Products or component parts may be required to be returned
for inspection and verification of non-conformance by Progress, but no Products or component parts will be accepted for inspection,
verification or return unless accompanied by a completed return materials authorization form which can be obtained only from an
authorized Progress customer service representative. Progress is not responsible for any costs and expenses incurred in connection with
the shipment of Products to Progress, but Progress shall bear all cost and expense incurred in connection with the shipment of
replacement Products to the end user.
NO OTHER WARRANTIES: THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES AND PROGRESS EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED
RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT(S), WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF
DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROGRESS OR
ANY EMPLOYEEE, AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF PROGRESS PRODUCTS SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY.NO EMPLOYEE, AGENT, DISTRIBUTOR OR
OTHER SUPPLIER OF PROGRESS PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY
WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM PROGRESS.
LIMITATION OF LIABILITY: IN NO EVENT SHALL PROGRESS’S TOTAL LIABILITY IN RESPECT OF ANY AND ALL
CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM PROGRESS'S PERFORMANCE OR
BREACH OF THIS WARRANTY, OR FROM PROGRESS'S SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY
PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE
PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE
EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL PROGRESS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR
OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME,
PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED
EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS,
SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST
OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE
FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE
PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THE SALE,
INSTALLATION, USE OF, INABILITY TO USE, OR THE REPAIR OR REPLACEMENT OF THE PRODUCTS.
Right to Modify or Discontinue Warranty: This Warranty is effective for the purchases of Products on or after the effective date set
forth herein and is in consideration of and is expressly subject to and conditioned by the terms set forth herein. Progress reserves the
right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance will only be effective
with respect to any Products purchased after such modification or discontinuance.
Effective January 30, 2015