Appendix ‘E’

Disclaimer of Electrosonics, Inc. and Microsoft Provided Products and Services

        Microsoft and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this Web Site for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Microsoft and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Microsoft and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this Web Site.

        The documents and related graphics published on this Web Site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Microsoft and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

        Documents containing year 2000 information or statements.

        The information in this writing is being designated a year 2000 readiness disclosure and is found at Microsoft’s year 2000 website located at http://www.microsoft.com/year2000   (the "y2k website"). This information is provided pursuant to the terms hereof and the year 2000 information and readiness disclosure act for the sole purpose of assisting the planning for the transition to the year 2000. This document contains information currently available concerning the behavior of Microsoft's products with respect to year 2000 processing and is updated regularly and subject to change. We therefore recommend that you check the information regularly for any changes. The information in this document is provided "as is" without warranty of any kind. Microsoft disclaims all warranties, either express or implied, including the warranties of merchantability and fitness for a particular purpose. Moreover, Microsoft does not warrant or make any representations regarding the use or the results of the use of the information contained herein in terms of its correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Microsoft corporation or its authorized representatives shall create a warranty or in any way decrease the scope of this warranty disclaimer. In no event shall Microsoft corporation or its suppliers be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits, punitive or special damages, even if Microsoft corporation or its suppliers have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation may not apply to you. The information in this document is found at the y2k website and is intended to be read in conjunction with other information located at the y2k website, including but not limited to Microsoft’s year 2000 compliance statement, the description of the categories of compliance into which Microsoft has classified its products in its year 2000 product guide, and the Microsoft year 2000 test criteria.

        Any statements made to you by Microsoft or contained herein in the course of providing year 2000 related fixes, year 2000 diagnostic tools, or remediation services (if any) are subject to the year 2000 information and readiness disclosure act (112 stat. 2386). In case of a dispute, this act may reduce your legal rights regarding the use of any such statements, unless otherwise specified by your contract or tariff.

        In no event shall Microsoft and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this Web Site.

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