Disclaimer of Warranties

You acknowledge and agree that: (a) the QbitKit is not complete in development and has not been commercially released for sale by Viveo Labs Inc. (DBA Qbit); (b) the QbitKit may not be fully functional, and it is expected that it will contain errors, design flaws or other problems, including problems that may adversely impact the operation of your existing Products; (c) the QbitKit may not be reliable during the time you are using it; (d) the QbitKit has not passed any required regulatory tests, including without limitation FCC, UL or other equivalent tests; (e) the QbitKit and its use may result in unexpected results, loss of data, electrical failures or other unpredictable damage or loss to you; (f) Viveo Labs Inc. (DBA Qbit) is under no obligation to release a commercial version of the QbitKit; (g) you have received thenecessary consents and approvals from the owner(s) of any premises where the products will be used/tested in the manner requested by Viveo Labs Inc. (DBA Qbit); and (h) Viveo Labs Inc. (DBA Qbit) has the right to unilaterally abandon development of the QbitKit at any time and without any obligation or liability to you or any third party. You further acknowledge that you have paid no consideration to Viveo Labs Inc. (DBA Qbit) forthe QbitKit hereunder, and that THE QBITKIT IS BEING SUPPLIED TO YOU "AS IS". VIVEO LABS INC. (DBA QBIT) MAKES NO WARRANTIES REGARDING THE QBITKIT, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.