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ComNav G3/G3B Installation & Operation

License Agreement

Document PN 29010093 V1.5

- 76 -

16 December 2016

and should not be used as the primary means of navigation or for use in safety of life applications. The potential
positioning and navigation accuracy obtainable with the Firmware as stated in the Product or Firmware
documentation serves to provide only an estimate of achievable accuracy based on specifications provided by the
US Department of Defense for GPS positioning and DGPS and GNSS service provider performance specifications,
where applicable.

WARRANTY DISCLAIMER.

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, COMNAV MAKES NO

REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND TO THE LICENSEE, WHETHER VERBAL OR
WRITTEN AND HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY
KIND INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, RELIABILITY
OR THAT THE USE OF THE FIRMWARE WILL BE UNINTERRUPTED OR ERROR-FREE AND HEREBY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS ARISING AS A RESULT OF CUSTOM,
USAGE OR TRADE AND THOSE ARISING UNDER STATUTE.

LIMITS ON WARRANTY DISCLAIMER.

Some jurisdictions do not allow the exclusion of implied warranties or

conditions, so some of the above exclusions may not apply to the Licensee. In that case, any implied warranties or
conditions which would then otherwise arise will be limited in duration to ninety (90) days from the date of the license
of the Firmware or the purchase of the Product. The warranties given herein give the Licensee specific legal rights
and the Licensee may have other rights which may vary from jurisdiction to jurisdiction.

CHANGE TO WARRANTY.

No employee or agent of ComNav is authorized to change the warranty provided or the

limitation or disclaimer of warranty provisions. All such changes will only be effective if pursuant to a separate
agreement signed by senior officers of ComNav.

10.

WARRANTY CLAIM.

In the event Licensee has a warranty claim the Licensee must first check for and install all

Updates that are made available by ComNav. The warranty will not otherwise be honored. Proof of purchase may be
required. ComNav does not honor claims asserted after the end of the Warranty Period.

11.

LICENSEE REMEDIES.

In all cases which involve a failure of the Firmware to conform in any material respect to the

documentation during the Warranty Period or a breach of a warranty, ComNav's sole obligation and liability, and
Licensee's sole and exclusive remedy, is for ComNav, at ComNav's option, to (a) repair the Firmware, (b) replace the
Firmware with Firmware conforming to the documentation, or (c) if ComNav is unable, on a reasonable commercial
basis, to repair the Firmware or to replace the Firmware with conforming Firmware within ninety (90) days, to
terminate this Agreement and thereafter Licensee shall cease using the Firmware. ComNav may also issue a refund
for the price paid by Licensee less an amount on account of amortization, calculated on a straight-line basis over a
deemed useful life of three (3) years.

12.

LIMITATION OF LIABILITY

. IN NO EVENT WILL COMNAV OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES

WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR INDIRECT DAMAGES ARISING IN RELATION TO ANY LOSS OF DATA, INCOME, REVENUE,
GOODWILL OR ANTICIPATED SAVINGS EVEN IF COMNAV HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE. FURTHER, IN NO EVENT WILL COMNAV'S TOTAL CUMULATIVE LIABILITY
HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, EXCEED THE TOTAL AMOUNT PAID BY
LICENSEE TO COMNAV TO PURCHASE THE PRODUCT. THIS LIMITATION AND EXCLUSION APPLIES
IRRESPECTIVE OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF WARRANTY, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY AND WILL SURVIVE A FUNDAMENTAL BREACH.

13.

LIMITS ON LIMITATION OF LIABILITY.

Some jurisdictions do not allow for the limitation or exclusion of liability for

incidental or consequential damages, so the above limitation or exclusion may not apply to Licensee and Licensee
may also have other legal rights which may vary from jurisdiction to jurisdiction.

14.

BASIS OF BARGAIN.

Licensee agrees and acknowledges that ComNav has set its prices and the parties have

entered into this Agreement in reliance on the limited Warranties, warranty disclaimers and limitations of liability set
forth herein, that the same reflect an agreed-to allocation of risk between the parties (including the risk that a remedy
may fail of its essential purpose and cause consequential loss), and that the same forms an essential basis of the
bargain between the parties. Licensee agrees and acknowledges that ComNav would not have been able to sell the
Product at the amount charged on an economic basis without such limitations.

15.

PROPRIETARY RIGHTS INDEMNITY

. ComNav shall indemnify, defend and hold harmless Licensee from and

against any and all actions, claims, demands, proceedings, liabilities, direct damages, judgments, settlements, fines,
penalties, costs and expenses, including royalties and attorneys' fees and related costs, in connection with or arising
out of any actual infringement of any third party patent, copyright or other intellectual property right by the Firmware
or by its use, in accordance with this Agreement and documentation, PROVIDED THAT: (a) ComNav has the right to
assume full control over any action, claim, demand or proceeding, (b) Licensee shall promptly notify ComNav of any
such action, claim, demand, or proceeding, and (c) Licensee shall give ComNav such reasonable assistance and
tangible material as is reasonably available to the Licensee for the defense of the action, claim, demand or
proceeding. Licensee shall not settle or compromise any of same for which ComNav has agreed to assume
responsibility without ComNav's prior written consent. Licensee may, at its sole cost and expense, retain separate