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Limited Warranty for Development Systems

MathStar, Inc. provides this limited warranty to original purchasers on production release versions of its programmable logic development systems manufactured by or on behalf of MathStar ("Development Systems"). This warranty does not cover, and MathStar expressly excludes from this warranty, non-production versions, such as beta and demonstration versions, semiconductor devices sold separately, and any version for which MathStar has not published an official specification ("Official Specification"). Furthermore, this warranty does not cover any other item that is provided by MathStar or any other party together with or for use with the Development System, such as software, IP cores, tools, reference designs, and/or services. The version of this warranty and the Official Specification applicable to a Development System will be the respective versions in effect on the date the Development System is first shipped to the original purchaser or such purchaser's designee ("Original Ship Date").

MathStar warrants to the original purchaser that each Development System: (a) will be free from defects in material and workmanship and (b) and will substantially conform to the Official Specification for the Development System. The warranty period for the Development System starts on the Original Ship Date and continues for ninety (90) days. Further, MathStar warrants that the Development System on the Original Ship Date is new and free and clear of all third party liens and encumbrances. In the event of a warranty claim made by the original purchaser, or a recall or engineering conversion, or upgrade from MathStar that requires repair or replacement of the Development System or a component, the repaired or replaced device assumes the warranty status of the original Development System and does not alter or extend this warranty unless expressly provided by MathStar at the time of the repair of replacement. Development Systems or components which are replaced or repaired under this warranty are warranted only for the remaining unexpired portion of the original warranty period applicable to the specific device.

PURCHASER IS WARNED THAT THE WARRANTY FOR THE MATHSTAR DEVELOPMENT SYSTEMS DOES NOT EXTEND TO USES AND ENVIRONMENTS NOT SPECIFICALLY CALLED OUT IN MATHSTAR'S OFFICIAL PUBLISHED SPECIFICATIONS. THESE DEVELOPMENT SYSTEMS ARE NOT DESIGNED TO BE FAIL-SAFE DURING THEIR USEFUL LIFE AND EACH HAS AN ESTIMATED COMMERCIALLY VIABLE USEFUL LIFE, SUCH THAT IF THEY ARE EXPECTED TO BE PLACED IN SERVICE FOR LONGER THAN THEIR USEFUL LIFE, THEY WILL ENCOUNTER AGE-RELATED PROBLEMS ASSOCIATED WITH NORMAL WEAR AND TEAR. SPECIFICALLY, THESE DEVELOPMENT SYSTEMS ARE NOT WARRANTED FOR THE SPECIFIC PURPOSE OF USE IN LIFE SUPPORT OR OTHER SENSITIVE APPLICATIONS AND IMPLEMENTATIONS FOR WHICH FAIL-SAFE OPERATION IS CRITICAL AND WHICH, IF FAILURE OF THE DEVELOPMENT SYSTEM OCCURS, MAY RESULT IN A RISK OF DEATH, PERSONAL INJURY OR SIGNIFICANT PROPERTY OR ENVIRONMENTAL DAMAGE. PURCHASER ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF MATHSTAR'S DEVELOPMENT SYSTEMS IN SUCH APPLICATIONS AND IMPLEMENTATIONS. IN NO EVENT SHALL MATHSTAR BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, LOSS OF CONFIDENTIAL INFORMATION OR DATA, OR FORECASTED COST SAVINGS OF ANY NATURE UNDER ANY THEORY OF LAW. MOREOVER, MATHSTAR IS NOT LIABLE UNDER THIS LIMITED WARRANTY FOR CLAIMS OF THIRD PARTIES AGAINST PURCHASER FOR ANY REASON.

The warranties contained in this limited warranty statement are the only warranties made by MathStar with respect to a Development System. This limited warranty is provided only to the original purchaser of the Development System, and is limited to purchasers located in the United States and Canada. It is non-transferable. No reseller or other representative is authorized to bind MathStar for any obligations or liabilities beyond this limited warranty in connection with the sale Development Systems. This limited warranty may only be modified or amended by a written instrument signed by a duly authorized officer of MathStar. THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES PROVIDED BY MATHSTAR AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF ANY APPLICABLE LAW OR STATUTE OF A JURISDICTION CONFLICT WITH THESE WARRANTIES OR CONDITIONS, THEN THESE WARRANTIES AND CONDITIONS SHALL BE MODIFIED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH ANY SUCH LAW OR STATUTE AND AVOID THE CONFLICT.

Purchaser's obligations under this warranty are to follow all procedures for installation, use and maintenance of the Development Systems. Further, purchaser must also follow all service request procedures, apply or install any upgrades or other fixes supplied by MathStar, and cooperate fully with MathStar's warranty team by making knowledgeable personnel available to work with MathStar personnel to troubleshoot and solve the warranty claim made by purchaser. In the event MathStar determines that it must travel to purchaser's site to inspect the Development Systems, purchaser will provide sufficient free and safe access to its facilities to permit MathStar personnel to fulfill their obligations.

MathStar's obligation under this warranty is limited to the repair or replacement of the Development System or components thereof which MathStar reasonably determines do not conform to these warranties. MathStar may use new or refurbished devices or components of comparable or better age and quality for replacing any returned devices or components. If MathStar determines in its reasonable discretion that the Development System cannot be repaired or replaced in a timely manner and for a commercially reasonable cost, MathStar may, in lieu of such repair or replacement, refund to purchaser the price purchaser paid for the Development System.

To obtain warranty service, the original purchaser must notify MathStar in writing and follow the applicable MathStar warranty service procedure then in effect. In all events, the original purchaser must obtain a Return Materials Authorization (RMA), which includes a complete written description of the alleged defect, before returning the Development System to MathStar or receiving any other warranty service provided for the Development System. MathStar will investigate the claim and determine in its reasonable discretion whether (a) a defect actually exists, (b) the Development System has not been (i) repaired, reengineered, or altered by persons not authorized by MathStar; (ii) subject to misuse, negligence or accident; or (iii) connected, installed, used or adjusted otherwise that in accordance with the instructions furnished by MathStar. If MathStar determines that the warranty claim is proper, then it will repair or replace the Development Systems purchased by the original purchaser making the claim and return them to purchaser in accordance with MathStar's RMA procedure. All Development Systems or components returned to MathStar and exchanged for new or refurbished items as part of the warranty service become the property of MathStar.

Any action for a breach of this limited warranty must be commenced within one (1) year from the date when the breach was or should have been discovered.

MathStar Limited Warranty for Semiconductor Devices

MathStar, Inc. provides this limited warranty to original purchasers on production release versions of its programmable logic semiconductor devices manufactured by or on behalf of MathStar ("Semiconductor Devices"). This warranty does not cover, and MathStar expressly excludes from this warranty, non-production versions, such as beta and demonstration versions, engineering samples, test and development systems containing the Semiconductor Devices, and any version for which MathStar has not published an official specification ("Official Specification"). Furthermore, this warranty does not cover any other item that is provided by MathStar or any other party together with or for use with the Semiconductor Device, such as software, IP cores, tools, reference designs, and/or services. The version of this warranty and the Official Specification applicable to a Semiconductor Device will be the respective versions in effect on the date the Semiconductor Device is first shipped to the original purchaser or such purchaser's designee ("Original Ship Date").

MathStar warrants to the original purchaser that each Semiconductor Device: (a) will be free from defects in material and workmanship and (b) and will substantially conform to the Official Specification for the Semiconductor Device. The warranty period for the Semiconductor Device starts on the Original Ship Date and continues for three (3) years Further, MathStar warrants that the Semiconductor Device on the Original Ship Date is new and free and clear of all third party liens and encumbrances. In the event of a warranty claim made by the original purchaser, or a recall or engineering conversion, or upgrade from MathStar that requires repair or replacement of the Semiconductor Device, the repaired or replaced device assumes the warranty status of the original Semiconductor Device and does not alter or extend this warranty unless expressly provided by MathStar at the time of the repair of replacement. Semiconductor Devices which are replaced or repaired under this warranty are warranted only for the remaining unexpired portion of the original warranty period applicable to the specific device.

PURCHASER IS WARNED THAT THE WARRANTY FOR THE MATHSTAR SEMICONDUCTOR DEVICES DOES NOT EXTEND TO USES AND ENVIRONMENTS NOT SPECIFICALLY CALLED OUT IN MATHSTAR'S OFFICIAL PUBLISHED SPECIFICATIONS. THESE SEMICONDUCTOR DEVICES ARE NOT DESIGNED TO BE FAIL-SAFE DURING THEIR USEFUL LIFE AND EACH HAS AN ESTIMATED COMMERCIALLY VIABLE USEFUL LIFE, SUCH THAT IF THEY ARE EXPECTED TO BE PLACED IN SERVICE FOR LONGER THAN THEIR USEFUL LIFE, THEY WILL ENCOUNTER AGE-RELATED PROBLEMS ASSOCIATED WITH NORMAL WEAR AND TEAR. SPECIFICALLY, THESE SEMICONDUCTOR DEVICES ARE NOT WARRANTED FOR THE SPECIFIC PURPOSE OF USE IN LIFE SUPPORT OR OTHER SENSITIVE APPLICATIONS AND IMPLEMENTATIONS FOR WHICH FAIL-SAFE OPERATION IS CRITICAL AND WHICH, IF FAILURE OF THE SEMICONDUCTOR DEVICE OCCURS, MAY RESULT IN A RISK OF DEATH, PERSONAL INJURY OR SIGNIFICANT PROPERTY OR ENVIRONMENTAL DAMAGE. PURCHASER ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF MATHSTAR'S SEMICONDUCTOR DEVICES IN SUCH APPLICATIONS AND IMPLEMENTATIONS. IN NO EVENT SHALL MATHSTAR BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, LOSS OF CONFIDENTIAL INFORMATION OR DATA, OR FORECASTED COST SAVINGS OF ANY NATURE UNDER ANY THEORY OF LAW. MOREOVER, MATHSTAR IS NOT LIABLE UNDER THIS LIMITED WARRANTY FOR CLAIMS OF THIRD PARTIES AGAINST PURCHASER FOR ANY REASON.

The warranties contained in this limited warranty statement are the only warranties made by MathStar with respect to a Semiconductor Device. This limited warranty is provided only to the original purchaser of the Semiconductor Device, and is limited to purchasers located in the United States and Canada. It is non-transferable. No reseller or other representative is authorized to bind MathStar for any obligations or liabilities beyond this limited warranty in connection with the sale Semiconductor Devices. This limited warranty may only be modified or amended by a written instrument signed by a duly authorized officer of MathStar. THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES PROVIDED BY MATHSTAR AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF ANY APPLICABLE LAW OR STATUTE OF A JURISDICTION CONFLICT WITH THESE WARRANTIES OR CONDITIONS, THEN THESE WARRANTIES AND CONDITIONS SHALL BE MODIFIED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH ANY SUCH LAW OR STATUTE AND AVOID THE CONFLICT.

Purchaser's obligations under this warranty are to follow all procedures for installation, use and maintenance of the Semiconductor Devices. Further, purchaser must also follow all service request procedures, apply or install any upgrades or other fixes supplied by MathStar, and cooperate fully with MathStar's warranty team by making knowledgeable personnel available to work with MathStar personnel to troubleshoot and solve the warranty claim made by purchaser. In the event MathStar determines that it must travel to purchaser's site to inspect the Semiconductor Devices, purchaser will provide sufficient free and safe access to its facilities to permit MathStar personnel to fulfill their obligations.

MathStar's obligation under this warranty is limited to the repair or replacement of the Semiconductor Device thereof which MathStar reasonably determines do not conform to these warranties. MathStar may use devices of comparable or better age and quality for replacing any returned devices. If MathStar determines in its reasonable discretion that the Semiconductor Device cannot be repaired or replaced in a timely manner and for a commercially reasonable cost, MathStar may, in lieu of such repair or replacement, refund to purchaser the price purchaser paid for the Semiconductor Device.

To obtain warranty service, the original purchaser must notify MathStar in writing and follow the applicable MathStar warranty service procedure then in effect. In all events, the original purchaser must obtain a Return Materials Authorization (RMA), which includes a complete written description of the alleged defect, before returning the Semiconductor Device to MathStar or receiving any other warranty service provided for the Semiconductor Device. MathStar will investigate the claim and determine in its reasonable discretion whether (a) a defect actually exists, (b) the Semiconductor Device has not been (i) repaired, reengineered, or altered by persons not authorized by MathStar; (ii) subject to misuse, negligence or accident; or (iii) connected, installed, used or adjusted otherwise that in accordance with the instructions furnished by MathStar. If MathStar determines that the warranty claim is proper, then it will repair or replace the Semiconductor Devices purchased by the original purchaser making the claim and return them to purchaser in accordance with MathStar's RMA procedure. All Semiconductor Devices returned to MathStar and exchanged for new items as part of the warranty service become the property of MathStar.

Any action for a breach of this limited warranty must be commenced within one (1) year from the date when the breach was or should have been discovered.

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