DISCLAIMER

THESE PRODUCTS ARE PROVIDED “AS-IS” AND “WHERE-IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANT-ABILITY OR ANY OTHER WARRANTIES. BUYER ACKNOWLEDGES THAT NEITHER TDA NOR SUMMIT NOR ANY OF ITS AGENTS HAVE MADE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING (i) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PRODUCTS, (ii) THE SUITABILITY OF THE PRODUCTS FOR ANY USES, (iii) THE COMPLIANCE OF THE PRODUCTS WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, (iv) THE MERCHANT-ABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS, OR (v) ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS. BUYER SHALL RELY SOLELY ON ITS OWN INVESTIGATION OF THE PRODUCTS AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY TDA OR SUMMIT OR THEIR AGENTS.