R2012-169 ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC.

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efforts repair "minor" bugs, which are errors that support a "work around" solution (a "Minor Error"), in the next production release of the Software, which would typically occur in ninety (90) days or less. New production releases (beta releases) are heavily tested by 72's technical staff and, typically, by beta site Subscribers, meaning that "critical" bugs, which are errors that would stop a Subscriber from processing(a"Critical Error"and together with a Minor Error,an "Error") rarely make it into a production release. Nevertheless, if Critical Error makes it into a production release, T2 commits to use commercially reasonable efforts to distribute a software patch within forty-eight (48) hours of T2's receipt of notice of the Critical Error. If an Error continues for a period of sixty(60)days after that detailed written notice has been given to T2 by Subscriber ("cure period"), Subscriber may, and its exclusive remedy shall be to terminate the subscription of the Software by certifying destruction of the Software and other materials in the manner provided in Section 7.4 within thirty(30)days after the expiration of the cure period and, upon such certification, have returned to it the prorated consideration representing Subscriber's payment of the Subscription Fee for the days remaining in the then current Subscription Term computed from the date of T2's receipt of the termination notice. Section 11.3 Correction of Hardware Errors. T2's liability under Article 2 is limited as provided in this Section 11.3. If after giving T2 notice of the Hardware Error,72 fails to repair or replace the faulty Hardware,then, Subscriber may,at its election at any time thereafter while the Hardware Error remains uncured, send T2 written notice that(i)T2 has continued to fail to correct the Hardware Error and (ii) Subscriber has elected to terminate the Hardware Support services.If the Hardware Error continues for a period sixty days (60)after that detailed written notice has been given to T2 by Subscriber ("cure period"), Subscriber may, and its exclusive remedy shall be to request that T2 return the Hardware and have returned to it the prorated consideration representing Subscriber's payment for the Hardware repair and support. Section 11.4 Correction of Professional Services Errors. Subscriber shall notify T2 within thirty (30) days' time after T2 advises Subscriber of its completion of the work in question when the Professional Services do not execute in accordance with the Subscriber's specifications. The notification shall include the detailed variances and the information necessary for T2 to verify the variances, T2, upon actual receipt of the notification and verification of the detailed variances, shall modify the work so that it shall conform to the Subscriber specifications. The passage of the thirty (30) day period after T2 advises the Subscriber that the work is completed without the notification described herein shall constitute final satisfaction of the express warranty and the warranty period described above. Article 12. REMEDIES Section 12.1 Waiver of Jury Trial. Each party hereto hereby waives to the fullest extent permitted by applicable law,any right it may have to a trial by jury in respect of any claim, litigation or proceeding directly or indirectly arising out of, under or in connection with this Agreement, Section 12.2 Time to Sue. No action, regardless of form, arising out of any of the transactions pursuant to this Agreement may be brought by Subscriber more than one year after the cause of action accrued. Section 12.3 No Other Liability. Except to the extent provided in Error! Reference source not found., Section 3,9 and Article 11, T2 and its third party licensors VERSION 080212 13