Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENTSECTION 15, UNIVERSITY PROVIDES ANY AND ALL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS AS-IS”, ” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING , EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS WELL AS ALL IMPLIED WARRANTIESPROVIDED HERE, INCLUDING ANY IMPLIED WARRANTIES THE ENTIRE RISK AND LIABILITY ARISING FROM A COURSE OUT OF DEALING USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR USAGE (b) RESULTING FROM ANY ACTION OR INACTION OF TRADESUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, (2) UNIVERSITYWHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEVENTS.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE LIMITED WARRANTY SET FORTH IN SECTION 12(a), THE SOFTWARE AND DOCUMENTATION ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT YOU “AS IS”, ” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF THIS AGREEMENT: (1) UNIVERSITY ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND SPECIFICALLY DISCLAIMS ANY DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESTITLE AND NON-INFRINGEMENT, INCLUDING ANY IMPLIED AND WARRANTIES ARISING FROM A THAT MAY ARISE OUT OF COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCORRECTED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTBIZAGI DOES NOT GUARANTEE THAT (A) THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTEDLY, UNIVERSITY PROVIDES ANY AND OR THAT BIZAGI WILL CORRECT ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”ERRORS, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH END USER DATA OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING WITH ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITYHARDWARE, SOFTWARE, SYSTEMS OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL DATA NOT EXCEED THE AMOUNTS PAID PROVIDED BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTBIZAGI, AND (3C) UNIVERSITY THE SERVICES WILL MEET END USER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. END USER ACKNOWLEDGES THAT BIZAGI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BIZAGI IS NOT RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDELAYS, INCIDENTAL, INDIRECTDELIVERY FAILURES, OR CONSEQUENTIAL DAMAGESOTHER DAMAGE RESULTING FROM SUCH PROBLEMS. BIZAGI IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, INCLUDING LOST OPERATION OR ANTICIPATED PROFITSSECURITY OF THE SERVICES THAT ARISE FROM END USER’S CONTENT THIRD-PARTY CONTENT. BIZAGI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, REVENUESACCURACY, COMPLETENESS, CORRECTNESS, OR SAVINGSUSEFULNESS OF ANY THIRD-PARTY CONTENT, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, UNIVERSITY PROVIDES THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE SOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”OTHER EXPRESS, WITHOUT STATUTORY, AND IMPLIED WARRANTIES, GUARANTEESINCLUDING WITHOUT LIMITATION, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATHELAS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OR USAGE OF TRADETHE SOFTWARE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTINCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND (3) UNIVERSITY WILL OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATHELAS DOES NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALGUARANTEE CONTINUOUS, INCIDENTALERROR- FREE, INDIRECTVIRUS-FREE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF SECURE OPERATION AND ACCESS TO THE POSSIBILITY OF SUCH DAMAGESSOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTFOR THE LIMITED WARRANTY GIVEN ONLY TO END USERS PURSUANT TO ENOVA'S END USER LICENSE AND WARRANTY, UNIVERSITY ENOVA GIVES NO WARRANTIES REGARDING ENOVA AND THIRD-PARTY PRODUCTS, PARTS, AND SERVICES THAT ENOVA PROVIDES ANY HEREUNDER AND, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS, IMPLIED AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT STATUTORY WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESAND NONINFRINGEMENT. SPECIFICALLY, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE BUT WITHOUT LIMITING THE APPLICATION OF DEALING THE FOREGOING DISCLAIMER, THE PARTIES RECOGNIZE AND AGREE THAT THE ENOVA PRODUCTS AND PARTS MAY ENCOUNTER OPERATIONAL DIFFICULTIES. ENOVA DOES NOT WARRANT (I) THAT THE ENOVA PRODUCTS AND PARTS WILL MEET PURCHASER'S OR PERFORMANCE OR USAGE OF TRADETHE END USER'S REQUIREMENTS, (2II) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT THAT THE ENOVA PRODUCTS AND PARTS WILL NOT EXCEED OPERATE IN THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING COMBINATIONS WHICH THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE END USER MAY SELECT FOR USE, (12III) MONTH PERIOD DURING THAT THE TERM OPERATION OF THIS AGREEMENT, THE ENOVA PRODUCTS AND (3) UNIVERSITY PARTS WILL NOT BE RESPONSIBLE UNINTERRUPTED OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTERROR-FREE, OR CONSEQUENTIAL DAMAGES(IV) THAT MALFUNCTIONS IN THE ENOVA PRODUCTS AND PARTS CAN BE CORRECTED. EXCEPT FOR ACTIONS FOR NONPAYMENT OR BREACH OF CONFIDENTIALITY OR IP RIGHTS, INCLUDING LOST ANY ACTION FOR AN ALLEGED BREACH OF ANY CONTRACT OF SALE OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF WARRANTY MUST BE COMMENCED WITHIN ONE (1) AFTER THE POSSIBILITY DATE ON WHICH THE CAUSE OF SUCH DAMAGESACTION ACCRUES.

Disclaimer. EXCEPT AS FOR THE WARRANTIES EXPRESSLY PROVIDED MADE IN THIS AGREEMENTSECTION 11.1 (AUTHORIZATION; ENFORCEABILITY), UNIVERSITY PROVIDES SECTION 11.2 (NO CONFLICTS), SECTION 11.3 (SUPPLY WARRANTIES), SECTION 11.4 (CARTRIDGE SHELF LIFE), SECTION 11.5 (SUPPORT SERVICES WARRANTY), AND SECTION 11.6 (NO CONFIDENTIAL INFORMATION OF OTHER PARTIES), NEITHER PARTY MAKES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS LIMITATION ANY WARRANTY AGAINST INFRINGEMENT OF ANY KIND. NOTWITHSTANDING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ANY OTHER PROVISION WARRANTY OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS MERCHANTABILITY OR ANY WARRANTIES WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESPURPOSE WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING THE PRODUCTS, THE QORVO PRODUCT TECHNOLOGY, OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITYSUCH PARTY’S MAXIMUM AGGREGATE LIABILITY OBLIGATIONS UNDER THIS AGREEMENT WILL NOT EXCEED AGREEMENT. THE AMOUNTS PAID BY SPONSOR REPRESENTATIONS AND WARRANTIES OF EACH OF PARTY EXTEND ONLY TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE OTHER PARTY (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR EXCEPT THAT ZOMEDICA MAY RESELL TO ANY PERSON CUSTOMER QORVO’S WARRANTIES SET FORTH IN SECTION 11.3 (SUPPLY WARRANTIES) AND SECTION 11.4 (CARTRIDGE SHELF LIFE)). NEITHER PARTY WILL BE LIABLE FOR ANY CLAIM OR ENTITY CLAIMING THROUGH SPONSOR DEMAND AGAINST SUCH OTHER PARTY BY A THIRD PARTY, EXCEPT TO THE EXTENT PROVIDED IN SECTION 12.1 (INDEMNIFICATION BY QORVO), SECTION 12.2 (INDEMNIFICATION BY ZOMEDICA) AND SECTION 12.3 (INDEMNIFICATION FOR SPECIALINFRINGEMENT). [*Confidential Treatment has been requested as to certain portions of this document. Each such portion, INCIDENTALwhich has been omitted herein and replaced with an asterisk [*], INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEShas been filed separately with the Securities and Exchange Commission.]

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTHEREIN, UNIVERSITY PROVIDES AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), NEITHER MONKEY NOR ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OF ITS THIRD PARTY VENDORS MAKE ANY REPRESENTATIONS OR REPRESENTATIONS WARRANTIES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY MONKEY AND ITS THIRD PARTY VENDORS SPECIFICALLY DISCLAIMS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESAND ACCURACY OR NON-INFRINGEMENT, INCLUDING ANY IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING FROM A COURSE OUT OF DEALING USE OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTMONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, AND ANY OTHER TECHNOLOGY OR FEATURES USED BY CUSTOMER IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, IMAGES, THIRD-PARTY PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE PRODUCTS OR SERVICES, REMAINS WITH CUSTOMER. ADDITIONALLY, NEITHER MONKEY NOR ITS THIRD PARTY VENDORS WARRANT OR MAKE ANY REPRESENTATION REGARDING (3A) UNIVERSITY WILL THE USE OR THE RESULTS OF THE USE OF ITS MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES OR ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR (B) THE ACCURACY OF CODES, IMAGES, INFORMATION OR OTHER DATA PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES. THE CLINICAL INFORMATION PROVIDED BY THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IS INTENDED AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF DOCTORS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION OR OTHER TREATMENT SHOULD NOT BE RESPONSIBLE CONSTRUED TO INDICATE THAT THE DRUG OR LIABLE DRUG COMBINATION OR OTHER TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE IN ANY GIVEN PATIENT. MONKEY AND ITS THIRD PARTY VENDORS ARE NOT A HEALTH PLAN, HEALTH CARE PROVIDER OR PRESCRIBER. NEITHER MONKEY NOR ITS THIRD PARTY VENDORS GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO SPONSOR THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES, WEBSITES AND THE CONTENTS THEREOF, SERVICE ELEMENTS OR RELATED SOFTWARE. CUSTOMER ASSUMES THE ENTIRE RISK WITH RESPECT TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED THE PERFORMANCE AND RESULTS OBTAINED IN CONNECTION WITH THE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES AND CUSTOMER’S USE OF THE POSSIBILITY MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES IN CONNECTION WITH CUSTOMER’S HARDWARE. MONKEY AND ITS THIRD PARTY VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE INTERACTION OF SUCH DAMAGESTHE MONKEY SOFTWARE AND SUPPORT AND MAINTENANCE SERVICES WITH ANY DEVICE OR ANY INFORMATION TECHNOLOGY INFRASTRUCTURE OF CUSTOMER.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY SECTION 11 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT THERE ARE NO OTHER WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY AND DHS HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESAND/OR NON-INFRINGEMENT AND TITLE. DHS DOES NOT GUARANTEE THAT THE SOFTWARE, INCLUDING EQUIPMENT OR SERVICES WILL YIELD ANY IMPLIED WARRANTIES ARISING FROM A COURSE PARTICULAR BUSINESS OR FINANCIAL RESULT, OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. DHS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY SOFTWARE OR ANY THIRD-PARTY EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL DHS'S THIRD PARTY SUPPLIERS OF DEALING ANY COMPONENT OF THE DHS SOFTWARE, HOSTED SERVICES OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT DHS EQUIPMENT BE RESPONSIBLE OR LIABLE TO SPONSOR COMPANY OR TO ITS AFFILIATES FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DIRECT OR ANTICIPATED PROFITSOTHERWISE, REVENUES, ARISING UNDER THIS AGREEMENT OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE POSSIBILITY OF SUCH DAMAGESFOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENTSECTION 18, UNIVERSITY PROVIDES ANY AND ALL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS AS-IS”, ” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING , EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS WELL AS ALL IMPLIED WARRANTIESPROVIDED HERE, INCLUDING ANY IMPLIED WARRANTIES THE ENTIRE RISK AND LIABILITY ARISING FROM A COURSE OUT OF DEALING USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR USAGE (b) RESULTING FROM ANY ACTION OR INACTION OF TRADESUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, (2) UNIVERSITYWHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEVENTS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND NASUNI DISCLAIMS ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEESTERMS, CERTIFICATIONSCONDITIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED (INCLUDING BY STATUTE, CUSTOM OR USAGE, COURSE OF DEALING, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1COMMON LAW) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYSATISFACTORY QUALITY, OR TITLE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT (BUT FOR CLARITY THIS DISCLAIMER DOES NOT LIMIT NASUNI’S INDEMNFICATION OBLIGATIONS UNDER SECTION 13.1). WITHOUT LIMITING NASUNI’S EXPRESS OBLIGATIONS IN SECTION 7 (PROTECTED INFORMATION), AS WELL AS ALL IMPLIED WARRANTIESSECTION 11.1 (LIMITED WARRANTY) OR 4.1 (TECHNICAL SUPPORT), NASUNI DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS. NASUNI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, DATA LOSS OR CORRUPTION NOT CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DATA LOSS OR CORRUPTION CAUSED BY YOU, YOUR CLOUD STORAGE PROVIDER, INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY PROVIDER, OR BY ANY IMPLIED WARRANTIES ARISING FROM A COURSE THIRD PARTY EQUIPMENT OR VIRTUAL APPLIANCE, OR OTHER SYSTEMS OUTSIDE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, NASUNI’S REASONABLE CONTROL (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL INCLUDING BUT NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR LIMITED TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALTHIRD PARTY PLATFORM). YOU MAY HAVE OTHER STATUTORY RIGHTS, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF BUT THE POSSIBILITY DURATION OF SUCH DAMAGESSTATUTORY RIGHTS, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED TO THE EXTENT OTHERWISE SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES EACH PARTY ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS RESPECTIVE USE OF THE ASSIGNED PATENTS, ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP AND DEMAND MEDIA LICENSED IP. NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, EXPRESS OR REPRESENTATIONS IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING TITLE OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTNON-INFRINGEMENT, OR CONSEQUENTIAL DAMAGESANY WARRANTY THAT THE ASSIGNED PATENTS, INCLUDING LOST ASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR ANTICIPATED PROFITSDEMAND MEDIA LICENSED IP ARE “ERROR FREE” OR ANY WARRANTY OR GUARANTEE THAT THE ASSIGNED PATENTS, REVENUESASSIGNED SOFTWARE, RIGHTSIDE OPCO LICENSED IP OR SAVINGSDEMAND MEDIA LICENSED IP ARE FREE OF ANY VIRUSES, EVEN IF UNIVERSITY HAS BEEN ADVISED TROJAN HORSES, WORMS, TIME BOMBS, CORRUPTED FILES OR OTHER COMPUTER PROGRAMMING THAT IS INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEMS, DATA, PERSONAL INFORMATION OR PROPERTY OF THE POSSIBILITY OF SUCH DAMAGESANOTHER.

Disclaimer. EXCEPT AS FOR THE PRODUCT WARRANTY EXPRESSLY PROVIDED IN THIS AGREEMENTUNDER SECTION 5.11(a), UNIVERSITY PROVIDES ANY UCB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEESWHETHER WRITTEN OR ORAL OR EXPRESSED OR IMPLIED, CERTIFICATIONSWITH RESPECT TO PRODUCT SUPPLIED IN CONNECTION WITH SECTION 5.11, INCLUDING ANY REPRESENTATION OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING OR THAT THE USE OF ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER PRODUCT FOR PURPOSES OTHER THAN THOSE SPECIFIED IN THIS AGREEMENT WILL NOT EXCEED INFRINGE THE AMOUNTS PAID INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. DERMIRA ACKNOWLEDGES AND AGREES THAT THE PRODUCT HAS NOT BEEN APPROVED BY SPONSOR ANY REGULATORY AUTHORITY FOR THE USES SET FORTH IN THE PHASE 3 PROTOCOL OR A POST-APPROVAL STUDY PROTOCOL IN THE DEVELOPMENT INDICATION (OTHER THAN FOR INVESTIGATIONAL USE IN ACCORDANCE THEREWITH) AND THAT A PHASE 3 STUDY AND ANY POST-APPROVAL STUDY IN THE DEVELOPMENT INDICATION IS BEING CONDUCTED, INTER ALIA, TO UNIVERSITY DURING DETERMINE WHETHER THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12PRODUCT IS SAFE AND EFFICACIOUS FOR SUCH USE. NOTHING CONTAINED IN THIS SECTION 5.11(d) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED ALTERS UCB’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 16.2 OF THE POSSIBILITY OF SUCH DAMAGESAGREEMENT.

Disclaimer. EXCEPT CUSTOMER UNDERSTANDS AND AGREES THAT (i) FNB’S SOLE LIABILITY WITH RESPECT TO SERVICES PROVIDED HEREUNDER SHALL BE AS EXPRESSLY SET FORTH HEREIN; AND (ii) ALL CUSTOMER COMPLAINTS AND CLAIMS CONCERNING THE SERVICES PROVIDED HEREUNDER ARE TO BE MADE SOLELY AND EXCLUSIVELY AGAINST PROCESSOR. IN THIS AGREEMENTTHE EVENT THAT FNB FAILS TO PERFORM SERVICES PROPERLY, UNIVERSITY PROVIDES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND FNB’S SOLE OBLIGATION SHALL BE FOR FNB TO REPERFORM THE SERVICES AT ITS OWN EXPENSE, AT PROCESSOR’S DIRECTION. FNB DISCLAIMS ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICES ARE NOT WARRANTED TO BE FREE FROM ERROR OR INTERRUPTION. FNB SHALL HAVE NO LIABILITY, AS WELL AS ALL IMPLIED WARRANTIESWHETHER ARISING IN CONTRACT, TORT (INCLUDING ANY IMPLIED WARRANTIES NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, TO CUSTOMER ARISING FROM A COURSE OUT OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER RELATED TO THIS AGREEMENT OR FNB’S SERVICES. IN NO EVENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT FNB BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING LOST REGARDLESS OF WHETHER FNB WAS INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE REASONABLE GIVEN THE FACT THAT NO COMPENSATION IS BEING PAID TO FNB BY CUSTOMER HEREUNDER. CUSTOMER’S REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES IN LAW OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEQUITY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTARTICLE 16, UNIVERSITY PROVIDES SRI DOES NOT MAKE ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTIES, GUARANTEESSTATUTORY OR OTHERWISE, CERTIFICATIONSCONCERNING THE TECHNOLOGY OR ANY TECHNICAL INFORMATION COMMUNICATED TO EUROBIOTECH BY SRI. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, SRI MAKES NO EXPRESS OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS (FOR A PARTICULAR PURPOSEPURPOSE OR OTHERWISE), QUALITY OR USEFULNESS OF THE TECHNOLOGY. ALL PHYSICAL EMBODIMENTS OF THE TECHNOLOGY PROVIDED BY SRI HEREUNDER ARE PROVIDED ON AN "AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING IS" BASIS. SRI DOES NOT WARRANT THE ACCURACY OF ANY IMPLIED WARRANTIES ARISING INFORMATION INCLUDED WITHIN THE TECHNICAL INFORMATION NOR DOES SRI WARRANT THAT ANY SUCH INFORMATION CONSTITUTES TRADE SECRETS OR CONFIDENTIAL INFORMATION OR THAT THE PATENTS WILL BE FREE FROM A COURSE CLAIMS OF DEALING INFRINGEMENT BY THIRD PARTIES OR PERFORMANCE OR USAGE ANY OTHER RIGHTS OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY THIRD PARTIES. UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT NO CIRCUMSTANCES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO SPONSOR THE OTHER PARTY OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGESDAMAGES IN TORT, INCLUDING LOST CONTRACT, STRICT LIABILITY OR ANTICIPATED PROFITS, REVENUES, OTHERWISE INCURRED BY OTHER PARTY OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY THIRD PARTY.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT AS FOR THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT AIRCALL MAKES NO OTHER WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF IN TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER THIS AGREEMENT ANY LAW OR OTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SERVICES WILL NOT EXCEED ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTINTERNET, OR CONSEQUENTIAL DAMAGESANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER ALSO ACKKNOWLEDGES AND AGREES THAT AIRCALL CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, INCLUDING LOST ERROR OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESVIRUS-FREE.

Disclaimer. EXCEPT SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY AGREEMENT BETWEEN SUBSCRIBER AND GRS, USE OF THE SERVICES IS AT SUBSCRIBER’S SOLE RISK AND THAT THE ENTIRE RISK AS EXPRESSLY TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH SUBSCRIBER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, ” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY GRS HEREBY DISCLAIMS ALL WARRANTIES AND SPECIFICALLY DISCLAIMS ANY CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GRS DOES NOT WARRANT AGAINST INTERFERENCE WITH SUBSCRIBER’S ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THE SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. SUBSCRIBER FURTHER ACKNOWLEDGES THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRS OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL IMPLIED WARRANTIESNECESSARY SERVICING, INCLUDING ANY REPAIR OR CORRECTION, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING FROM OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADECONSUMER, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAPPLY IN THOSE JURISDICTIONS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED STATED IN THIS OEM AGREEMENT AND THE STRATEGIC ALLIANCE AGREEMENT, UNIVERSITY PROVIDES ANY PRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEESWHETHER EXPRESS OR IMPLIED, CERTIFICATIONSWRITTEN OR ORAL, OR REPRESENTATIONS OF INCLUDING ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES WARRANTY OF MERCHANTABILITY, OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE ORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY IMPLIED WARRANTIES ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A COURSE OF DEALING SECURITY SOLUTIONS, DEVICES OR PERFORMANCE FEATURES (INCLUDING “PATCHES,” FIXES AND UPDATES) FOR THE ORIGINATING PARTY PRODUCTS PROVIDED OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID MADE AVAILABLE BY SPONSOR PRODUCT ORIGINATING PARTY TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPRODUCT SELLING PARTY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTHEREIN, UNIVERSITY PROVIDES NEITHER PARTY MAKES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY , WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPED OR ERROR-FREE SERVICE, ERROR CORRECTION, AVAILABIITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM A STATUTE, COURSE OF DEALING OR PERFORMANCE DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. G2 CONTENT AND SITE PROFILES ARE PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, G2 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (2A) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE PERFORMANCE, QUALITY, AND RESULTS, (12B) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTCLICK RATES AND CONVERSIONS, AND (3C) UNIVERSITY WILL THE ACCURACY OF THE INFORMATION THAT G2 PROVIDES IN CONNECTION WITH THE SITE AND/OR THE G2 CONTENT. G2 SHALL NOT BE RESPONSIBLE OR LIABLE FOR NON-PERFORMANCE DUE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALCAUSES BEYOND ITS REASONABLE CONTROL. With respect to the Application(s), INCIDENTALYou acknowledge that G2 does not control the transfer of data over telecommunications facilities, INDIRECTincluding the internet. G2 does not warrant secure operation of the Application(s) or that it will be able to prevent third-party disruptions of the Application(s). You acknowledge further that the Application(s) may be subject to limitations, OR CONSEQUENTIAL DAMAGESdelays, INCLUDING LOST OR ANTICIPATED PROFITSand other problems inherent in the use of the internet and electronic communications. G2 is not responsible for any delays, REVENUESdelivery failures, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESor other damage resulting from such problems with the use of the internet or electronic communications.

Disclaimer. PENN REPRESENTS AND WARRANTS TO VGX THAT IT HAS THE FULL AUTHORITY TO EXECUTE AND DELIVER THIS LICENSE AGREEMENT; THAT TO THE KNOWLEDGE OF THE CURRENT STAFF OF THE UNIVERSITY OF PENNSYLVANIA CENTER FOR TECHNOLOGY TRANSFER (CTT) AND OFFICE OF THE GENERAL COUNSEL (COLLECTIVELY “CTT/GC”), CTT/GC HAVE RECEIVED NO MATERIAL CLAIM IN WRITING FROM ANY THIRD PARTY CONTESTING THE VALIDITY, ENFORCEABILITY, LICENSABILITY, USE OR OWNERHIP OF ANY SUCH PENN PATENT RIGHTS AND CTT/GC HAVE RECEIVED NO NOTICE IN WRITING OF ANY LOSS OR EXPIRATION OF ANY PART OF PENN PATENT RIGHTS. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTTHE PREVIOUS SENTENCE, UNIVERSITY PROVIDES THE PENN PATENT RIGHTS, LICENSED PRODUCTS AND ANY AND ALL SERVICES TO SPONSOR OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS”, WITHOUT ” BASIS. PENN MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF COMPLETENESS, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESCOMMERCIAL UTILITY, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING NON-INFRINGEMENT OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTITLE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENTSECTION, UNIVERSITY PROVIDES THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE SOFTWARE AND PURCHASE OF THE SERVICES ARE AT ITS OWN RISK. ATHELAS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”OTHER EXPRESS, WITHOUT STATUTORY, AND IMPLIED WARRANTIES, GUARANTEESINCLUDING WITHOUT LIMITATION, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR TRADE PRACTICE. ANY WARRANTIES MADE BY ATHELAS ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATHELAS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OR USAGE OF TRADETHE SOFTWARE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTINCLUDING WITHOUT LIMITATION ANY INFORMATION, DATA, PRODUCTS, PROCESSES, AND (3) UNIVERSITY WILL OTHER MATTERS REFERENCED BY THE SERVICES REMAINS WITH THE CUSTOMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ATHELAS DOES NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALGUARANTEE CONTINUOUS, INCIDENTALERROR-FREE, INDIRECTVIRUS-FREE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF SECURE OPERATION AND ACCESS TO THE POSSIBILITY OF SUCH DAMAGESSOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY THE LICENSED PRODUCTS ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT LICENSEE “AS IS”” AND “WITH ALL FAULTS.” SMPTE, WITHOUT WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY LAW, GUARANTEESEXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXCEPT AS SET FORTH IN SECTION 6(a), CERTIFICATIONSEXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENTINCLUDING, BUT NOT LIMITED TO: (1A) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, ; AND (3B) UNIVERSITY ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF THE LICENSED PRODUCTS, OR THAT LICENSEE’S USE OF THE LICENSED PRODUCTS WILL NOT BE RESPONSIBLE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET LICENSEE’S REQUIREMENTS. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTENTS OF THE LICENSED PRODUCTS ARE SUBJECT TO CHANGE. LIMITATION OF LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 6(b), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO SPONSOR OR TO THE OTHER PARTY FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR ANTICIPATED PROFITSMANNER OF COMMERCIAL, REVENUESBUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF THE LICENSED PRODUCTS, SUCH AS ANY MALFUNCTION, DEFECT OR SAVINGSFAILURE OF THE LICENSED PRODUCTS OR THEIR DELIVERY VIA THE INTERNET, EVEN IF UNIVERSITY HAS BEEN ADVISED SUCH PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. SMPTE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET SERVICE PROVIDER, LICENSEE'S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE LICENSED PRODUCTS OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER. LICENSEE ACKNOWLEDGES AND AGREES THAT SMPTE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA CONTAINED IN THE LICENSED PRODUCTS, AND SMPTE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY SUCH INFORMATION OR DATA UNDER ANY CIRCUMSTANCES.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITY STATES ON BEHALF OF ITSELF AND THE CITY REPRESENTATIVES THAT IT DOES NOT MAKE, AND IT EXPRESSLY PROVIDED IN THIS AGREEMENTEXCLUDES AND DISCLAIMS, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”REPRESENTATIONS, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, COVENANTS OR REPRESENTATIONS ASSURANCES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION , WHETHER EXPRESS, IMPLIED, EITHER IN FACT OR BY OPERATION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR AND PERFORMANCE OR USAGE INTEROPERABILITY OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING SERVICES OR THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE FACILITIES WITH ANY USER EQUIPMENT. NO WARRANTY IS MADE OR LIABLE TO SPONSOR OR PASSED ON WITH RESPECT TO ANY PERSON SERVICES OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALFACILITIES PROVIDED BY OR FURNISHED BY ANY THIRD PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INCIDENTALTHE CITY DOES NOT WARRANT THAT THE FACILITIES AND/OR SERVICES PROVIDED TO USER HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE, INDIRECTTHAT THE FACILITIES AND/OR SERVICES WILL MEET USER’S REQUIREMENTS, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST THAT THE FACILITIES AND/OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. ALL FACILITIES AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” UNLESS OTHERWISE SPECIFIED IN WRITING BY THE POSSIBILITY OF SUCH DAMAGESCITY.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE,” AND EXCEPT AS FOR THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT AIRCALL MAKES NO OTHER WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF IN TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER THIS AGREEMENT ANY LAW OR OTHERWISE. IN THE EVENT AIRCALL MAY NOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AIRCALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION OF THE SERVICES WILL NOT EXCEED ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONTINUOUS, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIRCALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTINTERNET, OR CONSEQUENTIAL DAMAGESANY QUALITY OF CALLS MADE THROUGH THE SERVICES. CUSTOMER ALSO ACKNOWLEDGES AND AGREES THAT AIRCALL CANNOT GUARANTEE THAT IP BASED COMMUNICATIONS ARE COMPLETELY SECURE, INCLUDING LOST ERROR OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESVIRUS-FREE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION 9, UNIVERSITY PROVIDES ANY LICENSOR DISCLAIMS ALL REPRESENTATIONS AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONCERNING THE LICENSED TRADE SECRETS AND THE TECHNOLOGY, INCLUDING AS TO THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR ANY PURPOSE OF THE LICENSED TRADE SECRETS AND GOLQ TECHNOLOGY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND LICENSOR SPECIFICALLY DISCLAIMS ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, USAGE, OR PERFORMANCE TRADE PRACTICE. GOLQ DOES NOT MAKE ANY REPRESENTATION OR USAGE WARRANTY WITH RESPECT TO THE GOLQ TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE SALE OF TRADELICENSED PRODUCTS OR OTHER, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT USE, ACTIVITIES OR OTHER EXPLOITATION OF THE LICENSED PRODUCTS OR DELIVERABLES, THAT IT WILL NOT EXCEED THE AMOUNTS PAID INFRINGE OR MISAPPROPRIATE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. ANY WARRANTY MADE BY SPONSOR RCRT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM ITS CUSTOMERS, USERS OF THIS AGREEMENT, ANY LICENSED PRODUCT OR ANY OTHER THIRD PARTY ARE MADE BY RCRT ALONE AND (3) UNIVERSITY WILL SHALL NOT BIND GOLQ OR BE RESPONSIBLE DEEMED OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS TREATED AS HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMADE BY GOLQ.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTHEREIN, UNIVERSITY PROVIDES ANY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT DOCUMENTATION ARE DELIVERED “AS IS”, ” AND WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, EXPRESS OR REPRESENTATIONS IMPLIED WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THE APPLICATION, INCLUDING BUT NOT LIMITED TOANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. TTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE TTEC SERVICES OR DOCUMENTATION. TTEC MAKES NO WARRANTY THAT THE TTEC SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE TTEC SERVICES ARE PROVIDED ON AN “AS WELL IS” AND “AS AVAILABLE” BASIS. TTEC DOES NOT AND CANNOTCONTROL THE FLOW OF DATA TO OR FROM TTEC’S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES (SUCH AS NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET (OR PORTIONSTHEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND ALL IMPLIED WARRANTIESLIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING THE INTERNET CONNECTION. Limitation of Liability NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, OWNERS AND SUPPLIERS, SHALL HAVE ANY IMPLIED WARRANTIES LIABILITY TO THE OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE LOSS, DAMAGE, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, DATA, REVENUE, PROFITS, OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. EXCEPT FOR ANY LIABILITIES THAT CANNOT BE LIMITED BY LAW, IN NO EVENT SHALL THE CUMULATIVE AMOUNT OF TTEC’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CLIENT ARISING FROM A COURSE OUT OF DEALING OR PERFORMANCE IN ANY WAY RELATED TO THE USE OF OR USAGE INABILITY TO USE THE TTEC SERVICES, THE PROVISION OF TRADEOR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY AND RELATED CONTENT THROUGH THE TTEC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TTEC SERVICES, OR OTHERWISE UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY TTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY AND ALL CLAIMS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID BY CLIENT TO TTEC PURSUANT TO THE TERMS OF THIS EUA DURING THE PREVIOUS 12 MONTHS, WITH RESPECT TO THE TTEC SERVICES. Indemnity by Client Client will defend TTEC and its affiliates from and against any and all third party claims, actions, suits, proceedings arising from or related to Client’s or any authorized user’s violation of this EUA (a “Claims Against TTEC”), and will indemnify TTEC and its affiliates for all reasonable attorney’s fees incurred and damages and other costs finally awarded against TTEC or its affiliates in connection with or as a result of, and for amounts paid by TTEC or its affiliates under a settlement or final judgement that Client approves of in connection with a Claim Against TTEC. TTEC must provide Client with prompt written notice of any Claims Against TTEC and allow Client the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting Client’s defense and settlement of such matter. Indemnity by TTEC TTEC will defend Client from and against any and all third party claims, actions, suits, proceedings arising from or related to any claims that the TTEC Services violate a United States patent or copyright of a third party(a “Claims Against Client”), and will indemnify Client for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Client in connection with or as a result of, and for amounts paid by Client under a settlement or final judgement that TTEC approves of in connection with a Claim Against Client. Client must provide TTEC with prompt written notice of any Claims Against Client and allow TTEC the right to assume the exclusive defense and control of the claim and cooperate with any reasonable requests assisting TTEC’s defense and settlement of such matter.

Disclaimer. EXCEPT AS EXPRESSLY THE SERVICES ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “STRICTLY ON AN "AS IS”" BASIS AND, WITHOUT WARRANTIESTO THE EXTENT NOT PROHIBITED BY LAW, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS THESE WARRANTIES ARE EXCLUSIVE AND NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT THE COMPANY WILL CORRECT ALL IMPLIED WARRANTIESSERVICES’ ERRORS. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTINTERNET, AND (3) UNIVERSITY WILL THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, DATA BREACHES AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES AND THE COMPANY IS NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDELAYS, INCIDENTAL, INDIRECTDELIVERY FAILURES, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF OTHER DAMAGE RESULTING FROM SUCH DAMAGESPROBLEMS.

Disclaimer. CLIENT ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, EMA MATERIALS ARE BEING PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT ON AN “AS IS”, WITHOUT ” BASIS. EMA DISCLAIMS ALL WARRANTIES, GUARANTEESEXPRESS, CERTIFICATIONSIMPLIED, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESAND NON‐INFRINGEMENT, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A OUT OF COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. FURTHER, EMA DOES NOT WARRANT OR GUARANTEE: (I) THE USE OF EMA MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SERVICES), OR RESULTS THEREOF OR THEREFROM, (2II) UNIVERSITYTHAT EMA MATERIALS WILL MEET CLIENT’S MAXIMUM AGGREGATE EXPECTATIONS, OR (III) THAT RESULTANT DATA WILL COMPLETE OR ACCURATE. EMA DISCLAIMS ALL LIABILITY UNDER THIS AGREEMENT WILL ARISING FROM ALL THIRD PARTY APPLICATIONS OR DATA INCLUDING, ANY RESULTS OR REPORTS GENERATED FROM SUCH THIRD PARTY DATA OR CLIENT DATA OR MATERIALS. IN FURTHERANCE OF THE FOREGOING, CLIENT ACKNOWLEDGES AND AGREES THAT EMA HAS NOT EXCEED THE AMOUNTS PAID BY SPONSOR MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR COLLATERAL, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE ANY MATTER ENUMERATED IN SUBPARTS (12I)‐(III) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTSECTION 6.1, OR CONSEQUENTIAL DAMAGESOTHERWISE ARISING FROM OR IN CONNECTION WITH THESE TERMS. For the avoidance of doubt, INCLUDING LOST OR ANTICIPATED PROFITSand in furtherance of this Section 6.1.2, REVENUESEMA makes no guaranty as to the results of the Services, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESor Client’s ability to fully utilize the Services.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE ENERGY COOPERATIVE, AND ITS ENDORSER(S) AND SERVICING CONTRACTOR (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER THE ENERGY COOPERATIVE NOR ITS ENDORSER(S) OR SERVICING CONTRACTOR CAN CONTROL THE DELIVERY OF ENERGY SERVICES, INCLUDING WITHOUT LIMITATION THE DELIVERY OR FLOW OF ELECTRICITY OR FUEL, AND NEITHER SHALL HAVE ANY LIABILITY FOR ANY DAMAGES OR CONSEQUENCES THAT MAY OCCUR IF ENERGY SERVICES ARE INTERRUPTED OR NOT TIMELY DELIVERED FOR ANY REASON. THE ENERGY COOPERATIVE AND ITS ENDORSER(S) AND SERVICING CONTRACTOR HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, UNIVERSITY PROVIDES INCLUDING WITHOUT LIMITATION, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, . THE PARTIES AGREE AND ACKNOWLEDGE THAT THE CUSTOMER PROTECTION RULES ADOPTED BY THE TEXAS PUBLIC UTILITY COMMISSION (AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2CONTAINED IN PUC SUBSTANTIVE RULES 25.471 ET. SEQ.) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER DO NOT APPLY TO THIS AGREEMENT WILL NOT EXCEED AND THE AMOUNTS PAID ENERGY COOPERATIVE MEMBER WAIVES SUCH CUSTOMER PROTECTION RULES TO THE FULLEST EXTENT PERMITTED BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLAW.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED STATED IN THIS OEM AGREEMENT AND THE STRATEGIC ALLIANCE AGREEMENT, UNIVERSITY PROVIDES ANY PRODUCT ORIGINATING PARTY DISCLAIMS (AND PRODUCT SELLING PARTY WAIVES) ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEESWHETHER EXPRESS OR IMPLIED, CERTIFICATIONSWRITTEN OR ORAL, OR REPRESENTATIONS OF INCLUDING ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES WARRANTY OF MERCHANTABILITY, OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNON-INFRINGEMENT, AND/OR ANY WARRANTY THAT PRODUCT SELLING PARTY WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. PRODUCT RESELLING PARTY IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE ORIGINATING PARTY PRODUCTS, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILITY, SECURITY AND ACCURACY OF ANY IMPLIED WARRANTIES ITEM DESIGNED USING LICENSED PRODUCTS. PRODUCT ORIGINATING PARTY DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE ORIGINATING PARTY PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO ANY SUBLICENSEE’S DATA, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, PRODUCT ORIGINATING PARTY WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS THAT WOULD HAVE BEEN PREVENTED IF PRODUCT SELLING PARTY HAD IMPLEMENTED A COURSE OF DEALING SECURITY SOLUTIONS, DEVICES OR PERFORMANCE FEATURES (INCLUDING “PATCHES,” FIXES AND UPDATES) FOR THE ORIGINATING PARTY PRODUCTS PROVIDED OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID MADE AVAILABLE BY SPONSOR PRODUCT ORIGINATING PARTY TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PRODUCT SELLING PARTY. 4.2

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH ABOVE IN THIS AGREEMENTSECTION 9, UNIVERSITY PROVIDES GPN AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, ANY PROFESSIONAL SERVICES, OR ANY CONTENT; GPN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE SERVICE OR PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE: (IV) ERRORS OR DEFECTS WILL BE CORRECTED; OR (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, ALL THIRD PARTY PRODUCTS AND ALL SERVICES CONTENT IS PROVIDED TO SPONSOR UNDER THIS AGREEMENT “YOU STRICTLY ON AN "AS IS”" BASIS; AND ALL CONDITIONS, WITHOUT REPRESENTATIONS AND WARRANTIES, GUARANTEESWHETHER EXPRESS, CERTIFICATIONSIMPLIED, STATUTORY OR REPRESENTATIONS OF OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESOR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADEARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GPN AND ITS LICENSORS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTDELAYS, AND (3) UNIVERSITY WILL OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GPN IS NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDELAYS, INCIDENTAL, INDIRECTDELIVERY FAILURES, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF OTHER DAMAGE RESULTING FROM SUCH DAMAGESPROBLEMS.

Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 7.1 IS MADE FOR THE BENEFIT OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 7.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIVERSITY PROVIDES ANY THE SERVICES (INCLUDING THE APPLICATION AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT DOCUMENTATION) ARE PROVIDED “AS IS”,” AND RAINDROP MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO CUSTOMER BY RAINDROP. RAINDROP DOES NOT WARRANT THAT ALL IMPLIED WARRANTIESERRORS CAN BE CORRECTED, INCLUDING ANY OR THAT OPERATION OF THE APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE CONDITIONS OR USAGE OF TRADELIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENTSECTION 5, UNIVERSITY PROVIDES ANY ALL SERVICES, PROPRIETARY ITEMS, AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT REPORTS ARE PROVIDED “AS IS”, WITHOUT ” AND INSELLIGENCE MAKES NO REPRESENTATIONS OR WARRANTIES, GUARANTEESWHETHER ORAL OR WRITTEN, CERTIFICATIONSEXPRESS, IMPLIED, STATUTORY, OR REPRESENTATIONS ARISING FROM COURSE OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION DEALING, COURSE OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESTITLE, INCLUDING NON-INTERFERENCE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSELLIGENCE DOES NOT REPRESENT OR WARRANT THAT: (A) THE PROPRIETARY ITEMS OR REPORTS WILL MEET ANY IMPLIED WARRANTIES ARISING FROM A COURSE FORECASTS, EXPECTATIONS OR SPECIFICATIONS OF DEALING SUBSCRIBER; (B) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR PERFORMANCE OR USAGE ERROR-FREE; (C) THE USE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT THE SERVICES WILL NOT EXCEED RESULT IN A LOSS OF SUBSCRIBER CONTENT OR OTHER SUBSCRIBER DATA; OR (D) THE AMOUNTS PAID BY SPONSOR USE OF THE SERVICES WILL NOT EXPOSE THE SUBSCRIBER’S HARDWARE OR NETWORKS TO UNIVERSITY DURING ADDITIONAL SECURITY RISK. INSELLIGENCE DOES NOT MAKE ANY GUARANTEES ABOUT THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE TERM OF THIS AGREEMENTREPORTS, AND (3) UNIVERSITY WILL DOES NOT BE ASSUME RESPONSIBILITY FOR INACCURATE OR MISLEADING REPORTS. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ITS USE OF OR LIABLE TO SPONSOR RELIANCE ON ANY SUCH REPORTS OR TO OTHER INFORMATION OR DATA ACCESSED THROUGH THE SERVICES. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ARCHIVING AND RETAINING ANY PERSON AND ALL SUBSCRIBER CONTENT OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDATA UPLOADED TO, INCIDENTAL, INDIRECTDOWNLOADED FROM, OR CONSEQUENTIAL DAMAGESPROCESSED IN OR THROUGH, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICES.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENTSECTION 15, UNIVERSITY PROVIDES ANY AND ALL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS AS-IS”, ” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING , EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OR THAT THE OPERATION OF DEALING THE SERVICES IS ERROR-FREE. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA’S REASONABLE CONTROL; OR USAGE (b) RESULTING FROM ANY ACTION OR INACTION OF TRADESUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA’S NETWORK OR OVER THE INTERNET, (2) UNIVERSITYWHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE SUCH EVENTS. 17. Limitation. NWEA’s liability to the Fiscal Agent (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTincluding the Subscriber and any other subscriber granted a license under the Fiscal Agent Agreement), AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALfor damages sustained by the Department, INCIDENTALas the result of NWEA’s default, INDIRECTor acts, OR CONSEQUENTIAL DAMAGESor omissions, INCLUDING LOST OR ANTICIPATED PROFITSin the performance of work under this Agreement, REVENUESexcept for NWEA’s indemnification obligations under the Section 16 of the Fiscal Agent Agreement, OR SAVINGSwhether such damages arise out of breach, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESnegligence, misrepresentation, or otherwise, shall be two times the amounts actually paid by the Fiscal Agent under the Fiscal Agent Agreement.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE WARRANTIES SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY SECTION 13 ARE EXCLUSIVE AND IN LIEU OF ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER WARRANTIES, GUARANTEESWHETHER EXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESUSABILITY, INCLUDING ANY IMPLIED WARRANTIES CONDITION OR OPERATION THEREOF, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING FROM A OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR PERFORMANCE USAGE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER AND LICENSEE WARRANTS THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, OR STATEMENTS OF FACT NOT SPECIFICALLY INCLUDED IN THIS AGREEMENT AGREEMENT. LICENSEE ACKNOWLEDGES THAT THE PROGRAMS AND SERVICES ARE PROVIDED “AS IS” AND ‘AS AVAILABLE’. CUREMD, OR ITS THIRD PARTY SERVICE PROVIDERS, DO NOT WARRANT THAT THE PROGRAMS OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM BE UNINTERRUPTED, ERROR-FREE, FAULT-FREE, AND FREE OF VIRUSES OR ANY OTHER MALICIOUS CODE OR THAT ALL ERRORS WILL BE CORRECTED. EXCEPT AS SET FORTH IN THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT IN NO EVENT SHALL CUREMD, OR ITS THIRD PARTY SERVICE PROVIDERS, BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDING LOST OR ANTICIPATED BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, REVENUESLOSS OF BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR SAVINGSLOSS OF USE, OR ANY OTHER FINANCIAL CLAIM FOR DAMAGES, HARDSHIP, OR FAILURE OF DELIVERY, THE COST OF DELAY, PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES, ALTERATION, THEFT, DESTRUCTION OR CORRUPTION OF DATA, ANY INABILITY TO RECORD, ACCESS OR RESTORE DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, OR THE USE OF PROGRAMS OR SERVICES OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, OR COST OF COVER SUFFERED BY THE LICENSEE OR BY ANY THIRD PARTY, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF UNIVERSITY THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CUREMD ASSUMES NO LIABILITY FOR THE CONSEQUENCES TO THE LICENSEE OR ITS PATIENTS ARISING OUT OF OR RELATING TO THE LICENSEE’S USE OF THE PROGRAMS OR SERVICES. THE LICENSEE ACKNOWLEDGES THAT CUREMD HAS NO CONTROL OF OR RESPONSIBILITY FOR THE LICENSEE’S USE OF THE PROGRAMS OR SERVICES OR THE CONTENT PROVIDED THEREON AND HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY THE LICENSEE TO THE SERVICE. CUREMD DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY THIS SOFTWARE PACKAGE IS PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY BY STMICROELECTRONICS AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “CONTRIBUTORS "AS IS”" AND ANY EXPRESS, WITHOUT IMPLIED OR STATUTORY WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING, INCLUDING LOST BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR ANTICIPATED PROFITSSERVICES; LOSS OF USE, REVENUESDATA, OR SAVINGSPROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE PACKAGE, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. EXCEPT AS EXPRESSLY PERMITTED HEREUNDER AND SUBJECT TO ANY APPLICABLE THIRD-PARTY TERMS AND OPEN SOURCE TERMS, NO LICENSE OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, ARE GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF STMICROELECTRONICS OR ANY THIRD PARTY. Revision history Table 1. Document revision history Date Version Changes 04-Feb-2019 1 Initial release.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENTARTICLE X, UNIVERSITY PROVIDES THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THE RECEIPT AND USE OF THE SERVICES BY CLIENT AND ITS AFFILIATES IS AT THEIR OWN RISK AND CTS DISCLAIMS ANY ASSURANCE OR WARRANTY REGARDING THE PAST OR CONTINUED SUPPLY, ACCURACY, CALCULATION OR PUBLICATION OF THE SERVICES AND ANY CTS IP, AND CTS DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM CLIENT’S USE OF THE SERVICES OR ANY CTS IP. CTS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER WARRANTIES, GUARANTEES, CERTIFICATIONS, WHETHER EXPRESS OR REPRESENTATIONS IMPLIED (BY OPERATION OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1LAW OR OTHERWISE) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT AND TITLE AND ANY IMPLIED WARRANTIES ARISING FROM A ANY COURSE OF DEALING DEALING, USAGE, OR PERFORMANCE TRADE PRACTICE, LOSS OF OR USAGE DAMAGE TO DATA, LOSS OF TRADEBUSINESS OR LOST PROFITS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL CTS SHALL NOT BE RESPONSIBLE LIABLE FOR ANY THIRD PARTY HOSTING OR LIABLE TO SPONSOR OTHER SERVICE PROVIDER INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE PERFORMANCE OF MANAGEMENT OR TO ANY PERSON OTHER SERVICES BY CTS UNLESS CTS IS GROSSLY NEGLIGENT OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED COMMITS AN ACT OF THE POSSIBILITY OF SUCH DAMAGESWILFUL MISCONDUCT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTBIZAGI DOES NOT GUARANTEE THAT (A) THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTEDLY, UNIVERSITY PROVIDES ANY AND OR THAT BIZAGI WILL CORRECT ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”ERRORS, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH END USER DATA OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING WITH ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITYHARDWARE, SOFTWARE, SYSTEMS OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL DATA NOT EXCEED THE AMOUNTS PAID PROVIDED BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTBIZAGI, AND (3C) UNIVERSITY THE SERVICES WILL MEET END USER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. END USER ACKNOWLEDGES THAT BIZAGI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BIZAGI IS NOT RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDELAYS, INCIDENTAL, INDIRECTDELIVERY FAILURES, OR CONSEQUENTIAL DAMAGESOTHER DAMAGE RESULTING FROM SUCH PROBLEMS. BIZAGI IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, INCLUDING LOST OPERATION OR ANTICIPATED PROFITSSECURITY OF THE SERVICES THAT ARISE FROM END USER’S CONTENT THIRD-PARTY CONTENT. BIZAGI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, REVENUESACCURACY, COMPLETENESS, CORRECTNESS, OR SAVINGSUSEFULNESS OF ANY THIRD PARTY CONTENT, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT.

Disclaimer. EXCEPT OTHER THAN THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 9.1 THE GOOGLE APPLICATIONS AND THE ANDROID PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND GOOGLE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES DISCLAIMS ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEESWHETHER EXPRESS, CERTIFICATIONSIMPLIED, STATUTORY OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. GOOGLE DOES NOT WARRANT THAT THE APPLICATIONS AND/OR ANY OTHER GOOGLE PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL MEET ALL OF COMPANY’S REQUIREMENTS OR THAT PERFORMANCE OF SUCH SERVICES WILL BE UNINTERRUPTED, AS WELL AS VIRUS-FREE, SECURE OR ERROR-FREE. OTHER THAN THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 9.1, COMPANY MAKES NO WARRANTY OF ANY KIND TO GOOGLE WITH RESPECT TO THE DEVICES, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING WHETHER EXPRESS, IMPLIED, STATUTORY OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGESOTHERWISE, INCLUDING LOST OR ANTICIPATED PROFITSWITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 8.1 IS MADE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 8.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIVERSITY PROVIDES ANY THE SERVICES (INCLUDING THE APPLICATION AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT DOCUMENTATION) ARE PROVIDED “AS IS”,” AND AIRWORKS MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, OR SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY AIRWORKS. AIRWORKS DOES NOT WARRANT THAT ALL IMPLIED WARRANTIESERRORS CAN BE CORRECTED, INCLUDING ANY OR THAT OPERATION OF THE APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE CONDITIONS OR USAGE OF TRADELIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION SECTION 10 (WARRANTY) OF EXHIBIT A, PEOPLEPC AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO ANY OF THE GOODS, SERVICES OR INFORMATION PROVIDED IN OR MADE AVAILABLE UNDER THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND PEOPLEPC AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”OTHER EXPRESS, WITHOUT WARRANTIESSTATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL SOFTWARE IS LICENSED ON AN "AS WELL IS" BASIS WITHOUT WARRANTY AND INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT (I) THE OPERATION OF PEOPLEPC SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; (II) PEOPLEPC SOLUTIONS WILL MEET THE ELIGIBLE EMPLOYEES' REQUIREMENTS; (III) THE PEOPLEPC SOLUTIONS WILL OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER; (IV) THAT ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SOFTWARE ERRORS WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTCORRECTED, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED (V) THE UPTIME OF THE POSSIBILITY OF SUCH DAMAGESINTERNET OR TELEPHONIC CONNECTIONS NECESSARY TO ACCESS THE INTERNET WILL BE AVAILABLE WITHOUT INTERRUPTION.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY 17.6.1 THE TOYOTA SUPPLIER NETWORK AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY ELECTRONIC FORMS AND SOFTWARE, ARE PROVIDED “AS IS”, ” AND “AS AVAILABLE” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, ANY EXPRESS OR REPRESENTATIONS IMPLIED WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND TOYOTA, WITHOUT LIMITING THE FOREGOING, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (i) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A ANY PARTICULAR PURPOSE; AND (ii) WARRANTIES CONCERNING THE AVAILABILITY, AS WELL AS ALL IMPLIED WARRANTIESACCURACY, INCLUDING APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE TOYOTA SUPPLIER NETWORK, ITS CONTENT, ANY IMPLIED WARRANTIES ARISING FROM A COURSE ELECTRONIC FORMS OR MATERIALS. IN NO EVENT WILL TOYOTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DEALING BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTINFORMATION, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTTHE LIKE), OR CONSEQUENTIAL DAMAGESANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, INCLUDING LOST OR ANTICIPATED PROFITSUSE, REVENUESRELIANCE ON, OR SAVINGSINABILITY TO USE THE TOYOTA SUPPLIER NETWORK, EVEN IF UNIVERSITY HAS TOYOTA OR ITS REGISTERED AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., AND REGARDLESS OF THE FORM OF ACTION. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Tesla Motors, Inc.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTPROVIDER, UNIVERSITY PROVIDES ANY ITS AFFILIATES AND ALL SUPPLIERS (COLLECTIVELY, “PROVIDER PARTIES”) MAKE NO WARRANTIES WHATSOEVER AND PROVIDE THE SOFTWARE, LICENSED DATA, PROVIDER SITE, DOCUMENTATION, AND SERVICES TO SPONSOR UNDER THIS AGREEMENT ON AN “AS IS”” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WITHOUT THE PROVIDER PARTIES HEREBY DISCLAIM ALL OTHER WARRANTIES, GUARANTEESWHETHER EXPRESS, CERTIFICATIONSIMPLIED OR STATUTORY, OR REPRESENTATIONS OF INCLUDING ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR DEALING, COURSE OF PERFORMANCE, AVAILABILITY, USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL ACCURACY OF INFORMATIONAL CONTENT AND SYSTEM INTEGRATION. PROVIDER DOES NOT EXCEED WARRANT THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OPERATION OF THE POSSIBILITY SERVICES TO BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE OR HARDWARE PRODUCTS OR THAT ALL DEFICIENCIES OR ERRORS ARE CAPABLE OF SUCH DAMAGESBEING CORRECTED. FURTHERMORE, PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR THE RESULTS OBTAINED THEREFROM OR THAT THE SERVICES WILL SATISFY SUBSCRIBER’S REQUIREMENTS. SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES IS AT SUBSCRIBER’S RISK. PROVIDER DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES MERCHANT EXPRESSLY AGREES THAT XXXXXXXXX.XXX SHALL NOT BE LIABLE FOR ANY AND ALL SERVICES LOSS (HOWEVER ARISING, INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (I) MERCHANT’S FAILURE TO SPONSOR UNDER THIS AGREEMENT “AS IS”PROPERLY ACTIVATE, INTEGRATE OR SECURE ITS MERCHANT ACCOUNT; (II) FRAUDULENT TRANSACTIONS PROCESSED THROUGH ITS PAYMENT GATEWAY ACCOUNT; (III) DISRUPTION OF XXXXXXXXX.XXX SERVICES, SYSTEMS, SERVER OR WEBSITE BY ANY MEANS, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEESDDOS ATTACKS, CERTIFICATIONSSOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: TECHNOLOGY; (1IV) UNIVERSITY EXPRESSLY ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MERCHANT SERVICE PROVIDER, PAYMENT PROCESSOR OR BANK; OR (V) UNAUTHORIZED ACCESS TO (A) DATA, CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND SPECIFICALLY DISCLAIMS OTHER PERSONALLY IDENTIFIABLE INFORMATION), TRANSACTION DATA OR PERSONAL INFORMATION BELONGING TO XXXXXXXXX.XXX, MERCHANT OR ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIRD PARTY AND/OR

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY UI ACKNOWLEDGES AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AGREES THAT CL&P IS LICENSING THE LICENSED PREMISES "AS IS”, WITHOUT WARRANTIESWHERE IS" AS OF THE DATE HEREOF, GUARANTEESAND IN ITS CONDITION AS OF THE DATE HEREOF, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THAT PRIOR TO THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM EXECUTION OF THIS AGREEMENT, UI HAS CONDUCTED TO ITS SATISFACTION ALL NECESSARY AND SUFFICIENT EXAMINATION OF THE LICENSED PREMISES, AND THAT UI IS RELYING ON ITS OWN EXAMINATION OF THE LICENSED PREMISES, AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY CL&P. CL&P EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO INCLUDING ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALWARRANTY OF MERCHANTABILITY, INCIDENTAL, INDIRECTUSAGE, OR CONSEQUENTIAL DAMAGESSUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) AS TO THE LICENSED PREMISES, INCLUDING LOST WHETHER THE GRANTING OF THE LICENSE HEREUNDER VIOLATES ANY INSTRUMENT, MORTGAGE, INDENTURE, DEED OF TRUST, AGREEMENT, CONTRACT AND/OR ANTICIPATED PROFITS, REVENUESPERMIT RELATED TO THE LICENSED PREMISES, OR SAVINGSCOMPLIANCE WITH ANY LAW, EVEN IF UNIVERSITY HAS BEEN ADVISED OR AS TO THE CONDITION OF THE POSSIBILITY LICENSED PREMISES, OR ANY PART THEREOF, INCLUDING WHETHER CL&P POSSESSES SUFFICIENT RIGHTS TO PERMIT THE PRESENCE AND OPERATION OF SUCH DAMAGESTHE GROUP OF PURCHASED UI ASSETS ON THE LICENSED PREMISES. CL&P FURTHER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING TITLE TO THE LICENSED PREMISES, THE ABSENCE OF HAZARDOUS MATERIALS ON, IN AND/OR UNDER THE LICENSED PREMISES, OR LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ANY ENVIRONMENTAL LAW.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT AS EXPRESSLY PROVIDED FOR THE WARRANTY SET FORTH IN THIS AGREEMENTSECTION 7.1, UNIVERSITY PROVIDES UNITRENDS MAKES NO WARRANTY, CONDITION, REPRESENTATION, TERM, UNDERTAKING OR GUARANTY OF ANY AND ALL SERVICES KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO SPONSOR UNDER THE SUBJECT MATTER OF THIS AGREEMENT AND THE SERVICES, THE UNITENDS CLOUD AND DRAAS ARE PROVIDED “AS IS”, ,” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS ANY WARRANTY OF ANY KIND. NOTWITHSTANDING , WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS TITLE, OR NON INFRINGEMENT. UNITRENDS MAKES NO WARRANTY THAT THE SERVICES, UINTRENDS CLOUD OR DRAAS ARE COMPATIBLE WITH CUSTOMER’S CONTENT, DATA, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR SYSTEMS, WILL MEET THE NEEDS OR REQUIREMENTS OF CUSTOMER OR ITS USERS, WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY CUSTOMER OR ITS USERS, WILL BE TIMELY, UNINTERRUPTED, SECURE, ACCURATE, RELIABLE OR ERROR FREE, OR THAT ALL IMPLIED WARRANTIESERRORS WILL BE CORRECTED. THE SERVICES, UINTRENDS CLOUD AND DRAAS ARE NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. UNITRENDS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITREND’S LIABILITY UNDER ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT GUARANTY WHICH CANNOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE POSSIBILITY SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUCH DAMAGESSUPPLYING THE SERVICES AGAIN.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY THE SOFTWARE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT DOCUMENTATION ARE FURNISHED “AS IS”, ” AND WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY THE COMPANY HEREBY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNON-INFRINGEMENT, INCLUDING OR TITLE. THE COMPANY DOES NOT WARRANT THAT ANY IMPLIED WARRANTIES SOFTWARE WILL MEET YOUR NEEDS OR EXPECTATIONS, THAT USE OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT GUARANTEE ANY RESULT OF USE OF ANY SOFTWARE, AND IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR RELIANCE ON USE OF ANY SOFTWARE OR APPLICATION OF ANY DATA ARISING FROM A COURSE USE OF DEALING ANY SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE OR USAGE ANY APPLICATION IN WHICH THE FAILURE OF TRADETHE SOFTWARE COULD LEAD DIRECTLY TO DEATH, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTPERSONAL INJURY, OR CONSEQUENTIAL DAMAGESSEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, INCLUDING LOST “HIGH RISK ACTIVITIES”). COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED IMPLIED GUARANTEE OF THE POSSIBILITY OF FITNESS FOR SUCH DAMAGESHIGH RISK ACTIVITIES.

Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN HEREIN THE INTELLECTUAL PROPERTY RIGHTS LICENSED HEREUNDER ARE PROVIDED BY ROCHE "AS IS WHERE IS" AND ROCHE MAKES NO, AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING: (a) LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT, UNIVERSITY PROVIDES INCLUDING WITHOUT LIMITATION, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”EXPRESS OR IMPLIED WARRANTY OF DESIGN, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AS TO LICENSED INTELLECTUAL PROPERTY RIGHTS OR ANY PRODUCT; (b) THE COMMERCIAL SUCCESS OF ANY LICENSED PRODUCT; (c) THE EXISTENCE, AS WELL AS VALIDITY OR SCOPE OF LICENSED INTELLECTUAL PROPERTY RIGHTS; (d) ANY LICENSED PRODUCT BEING FREE FROM AN INFRINGEMENT ON PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; (e) WHETHER ANY THIRD PARTIES ARE IN ANY WAY INFRINGING LICENSED INTELLECTUAL PROPERTY RIGHTS COVERED BY THIS AGREEMENT; OR (f) THE ACCURACY, UTILITY OR SUFFICIENCY OF ANY TECHNICAL INFORMATION TRANSFERRED TO IGEN HEREUNDER. THE PARTIES SPECIFICALLY AGREE THAT NEITHER PARTY SHALL BE SUBJECT TO AND THAT EACH DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF WARRANTY, AND (B) ALL IMPLIED WARRANTIESCONSEQUENTIAL, INCLUDING INCIDENTAL, CONTINGENT, PUNITIVE AND EXEMPLARY DAMAGES WHATSOEVER WITH RESPECT TO (i) ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY DISPUTES BETWEEN THE PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED OR (ii) CLAIMS MADE BY ONE PARTY AGAINST ANOTHER PARTY ARISING FROM THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING COURSE OF CONDUCT WITHIN THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE RELATIONSHIP OF THE PARTIES UNDER THIS AGREEMENT (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTWHETHER SUCH CLAIMS ARISE UNDER CONTRACT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE TORT, STRICT LIABILITY OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGSOTHERWISE), EVEN IF UNIVERSITY HAS THOUGH A PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES IN CLAUSE (B) ABOVE SHALL NOT APPLY TO DAMAGES PAID TO UNRELATED THIRD PARTIES (WHETHER PURSUANT TO JUDGMENT OR SETTLEMENT) FOR WHICH A PARTY HAS AN OBLIGATION TO INDEMNIFY THE OTHER PARTY HEREUNDER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE FOREGOING WARRANTIES BY EACH PARTY CONCERNING THE SERVICES, ANY DELIVERABLES AND ANY WORK PRODUCT, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES INCLUDING BUT NOT LIMITED TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET-OFF NOR FOR ANY INDIRECT, AS WELL AS ALL IMPLIED WARRANTIESCONSEQUENTIAL, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALEXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Limitation of liability EXCEPT WITH RESPECT TO EACH PARTY’S INDEMNITY OBLIGATIONS DESCRIBED IN SECTION 8, EACH PARTY’S LIABILITY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR ANY OTHER LEGAL THEORY, SHALL AT ALL TIMES AND IN THE AGGREGATE BE LIMITED TO AN AMOUNT OF FIFTY PERCENT (50%) OF THE FEES PAID TO PROVIDER BY CLIENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING IN WHICH THE EVENT THE LIABILITY IS PREDICATED FOR SERVICES PROVIDED BY PROVIDER HEREUNDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED OR IMPLIED HEREIN, PROVIDER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RELATING TO THE TOOLS, THIRD-PARTY PRODUCTS, OR ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY PROVIDER. CLIENT'S EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL BE FOR PROVIDER, UPON RECEIPT OF WRITTEN NOTICE PURSUANT, TO USE COMMERCIALLY REASONABLE EFFORTS TO CURE THE BREACH AT ITS EXPENSE, AND FAILING THAT, THE RETURN OF FEES PAID TO PROVIDER FOR THE WORK RELATED TO THE BREACH IN ACCORDANCE WITH THIS SECTION 10. In no event shall either Party be liable for consequential, incidental or punitive loss, damage or expenses (including but not limited to business interruption, lost business, or lost savings) even if it has been advised of their possible existence. Any action by either Party must be brought within two (2) years after the cause of action arose. The allocations of liability in this Section 10 represent the agreed and bargained-for understanding of the parties and Provider’s compensation for the Services reflects such allocations. Definitions

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SPECIFIED IN THIS AGREEMENTTHE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEESANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT, INCLUDING ANY IMPLIED WARRANTIES SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADEDEALING, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTLAW, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTUSAGE, OR CONSEQUENTIAL DAMAGESTRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, SUCH WARRANTY IS LIMITED TO THE 90DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF UNIVERSITY HAS BEEN ADVISED THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY COMMITMENT BEHALF. REGISTERED PARTNER AGREES TO INDEMNIFY CISCO AND HOLD CISCO HARMLESS FROM ANY WARRANTY MADE BY REGISTERED PARTNER BEYOND THE POSSIBILITY OF SUCH DAMAGESLIMITED WARRANTY REFERENCED IN PART B.12.1.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SPECIFIED IN THIS AGREEMENTTHE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEESANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF KNOWN TO CISCO), AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT, INCLUDING ANY IMPLIED WARRANTIES SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADEDEALING, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTLAW, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTUSAGE, OR CONSEQUENTIAL DAMAGESTRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, SUCH WARRANTY IS LIMITED TO THE 90-DAY PERIOD PROVIDED IN THE LIMITED WARRANTY STATEMENT SPECIFIED IN PART B.12.1 ABOVE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF UNIVERSITY HAS BEEN ADVISED THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. REGISTERED PARTNER SHALL NOT MAKE ANY WARRANTY COMMITMENT BEYOND THE POSSIBILITY OF SUCH DAMAGESLIMITED WARRANTY REFERENCED IN PART B.12.1 ON CISCO’S Indirect Channel Partner Agreement – ROW Nov 2011 Confidential Information Page 11 of 21 BEHALF. REGISTERED PARTNER AGREES TO INDEMNIFY CISCO AND HOLD CISCO HARMLESS FROM ANY WARRANTY MADE BY REGISTERED PARTNER BEYOND THE LIMITED WARRANTY REFERENCED IN PART B.12.1.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTTo the extent permitted by applicable law, UNIVERSITY PROVIDES and except as expressly stated in this Agreement, CRESCENTCX MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, FITNESS OF THE SERVICE OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS HARDWARE FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESTITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, CRESCENTCX PROVIDES NO WARRANTY OR CONDITION THAT THE SERVICE OR HARDWARE WILL PERFORM OR OPERATE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DENIAL OF TRADESERVICE (DOS) ATTACKS, RISK OF TOLL FRAUD, SPIT (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM SPAM OVER INTERNET TELEPHONY), VOIP PHISHING, DEGRADATION OF THIS AGREEMENTVOICE QUALITY OR LOSS OF CONTENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE DATA OR LIABLE TO SPONSOR INFORMATION. NEITHER CRESCENTCX, ITS AFFILIATES NOR ANY OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALTHEIR RESPECTIVE OFFICERS, INCIDENTALDIRECTORS, INDIRECTEMPLOYEES, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO CRESCENTCX OR ANTICIPATED PROFITS, REVENUESCUSTOMER’S TRANSMISSION FACILITIES OR PREMISES OR FOR UNAUTHORIZED ACCESS TO, OR SAVINGSALTERATION, EVEN THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CRESCENTCX'S NEGLIGENT STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR HARDWARE, IF UNIVERSITY HAS BEEN ADVISED ANY, BY CRESCENTCX OR CRESCENTCX AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF THE POSSIBILITY OF SUCH DAMAGESANY KIND.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXCLUSIVE WARRANTIES SET FORTH IN THIS ENTERPRISE AGREEMENT, UNIVERSITY PROVIDES CLOUDERA AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE CLOUDERA PRODUCTS, HORTONWORKS PRODUCTS, THE SUPPORT SERVICES AND/OR THE SERVICES, WHETHER ALLEGED TO SPONSOR UNDER THIS AGREEMENT “AS IS”ARISE BY OPERATION OF LAW, WITHOUT WARRANTIESBY REASON OF CUSTOM OR USAGE IN THE TRADE, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A BY COURSE OF DEALING OR PERFORMANCE OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR USAGE SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, ANY SUCH PURPOSE); AND (3III) UNIVERSITY WILL NOT BE RESPONSIBLE WARRANTIES OF NONINFRINGEMENT OR LIABLE CONDITION OF TITLE. CLOUDERA AND ITS SUPPLIERS MAKE NO WARRANTIES WITH RESPECT TO SPONSOR THE CLOUDERA PRODUCTS OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALHORTONWORKS PRODUCTS BEING FREE FROM BUGS, INCIDENTAL, INDIRECTERRORS, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, OMISSIONS. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF UNIVERSITY HAS BEEN ADVISED ANY OF THE POSSIBILITY EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF SUCH DAMAGESITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTADDITION TO THE LIMITATIONS OF LIABILITY IN SECTION 10, UNIVERSITY PROVIDES CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND IRONBENCH SHALL HAVE NO LIABILITY FOR, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”INTENTIONAL, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONSUNINTENTIONAL, OR REPRESENTATIONS MALICIOUS ACTIVITY OR USE OF THE PRODUCTS BY CUSTOMER OR ITS EMPLOYEES, PERSONNEL, AND/OR CONTRACTORS AND ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION RESULTING LIABILITY INCLUDING: LOSS OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITYDATA, DAMAGE TO HARDWARE, OR FITNESS FOR A PARTICULAR PURPOSEINTERRUPTION OF BUSINESS OPERATIONS. IRON BENCH PRODUCTS MAY INCLUDE CERTAIN FEATURES AND FUNCTIONALITIES THAT ALLOW ACCESS, AS WELL AS ALL IMPLIED WARRANTIESAUTHENTICATION, INTEGRATION, COMMUNICATION, AND/OR OTHER CONNECTION METHODS WITH SOFTWARE, INFORMATION, PRODUCTS, OR WEB SITES THAT ARE OWNED OR OPERATED BY OTHER THIRD PARTY COMPANIES (“THIRD PARTY RESOURCES”). IRON BENCH CANNOT GUARANTEE ANY PRODUCT FEATURES AND/OR FUNCTIONALITIES WILL OPERATE ERROR-FREE OR REMAIN COMPATIBLE WITH THIRD PARTY RESOURCES. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR, AND IRON BENCH SHALL HAVE NO LIABILITY FOR, ITS USE OF PRODUCTS WITH THIRD PARTY RESOURCES (INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING ERRORS OR PERFORMANCE INCOMPATIBILITY), ITS THIRD PARTY RESOURCES SETTINGS AND CONFIGURATIONS (INCLUDING ANY WEAK, INSECURE, OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTVULNERABLE SETTINGS), AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCOMPLYING WITH ITS THIRD PARTY RESOURCES AGREEMENTS.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS (A) WALLFLOWER MAKES NO WARRANTIES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEUSE; (B) CUSTOMER’S USE OF THE BRAND FEATURES, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE FAILCON MATERIALS AND CUSTOMER’S PRODUCTION AND ORGANIZATION OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITYEACH FAILCON CONFERENCE ARE AT PRODUCER’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTOWN DISCRETION AND RISK, AND PRODUCER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH USE AND SUCH FAILCON CONFERENCE; (3C) UNIVERSITY WILL WALLFLOWER DOES NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, LOSS OR CONSEQUENTIAL DAMAGESDAMAGE CAUSED BY OR IN CONNECTION WITH (1) CUSTOMER’S USE OF THE BRAND FEATURES OR FAILCON MATERIALS OR (2) PRODUCER’S PRODUCTION OR ORGANIZATION OF ANY FAILCON CONFERENCE, INCLUDING LOST WITHOUT LIMITATION PRODUCER’S BREACH OF ANY OBLIGATION TO ANY THIRD PARTY IN CONNECTION THEREWITH, AND (D) WALLFLOWER MAKES NO REPRESENTATIONS OR ANTICIPATED PROFITS, REVENUES, WARRANTIES ABOUT THE LEGALITY OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED PROPRIETY OF THE POSSIBILITY USE OF SUCH DAMAGESTHE BRAND FEATURES OR FAILCON MATERIALS OR THE PRODUCTION OR ORGANIZATION OF ANY CONFERENCE IN ANY GEOGRAPHIC AREA.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 5 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, UNIVERSITY PROVIDES AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IRONNET SOFTWARE MAINTENANCE AND SUPPORT SERVICES, AND IRONNET PROFESSIONAL SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IRONNET SOFTWARE MAINTENANCE AND SUPPORT SERVICES, AND IRONNET PROFESSIONAL SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND TITLE, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF IRONNET AS SET FORTH HEREIN. IRONNET DOES NOT WARRANT THAT THE IRONNET HARDWARE AND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESERROR.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 7.2, HELPSYSTEMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SERVICE WILL BE CORRECTED. HELPSYSTEMS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, SUBSCRIBER SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY UPLOAD AND DOWNLOAD TO AND FROM THE SERVICE. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THIS AGREEMENTA WRITING BY HELPSYSTEMS, UNIVERSITY PROVIDES THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HELPSYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESTITLE AND NON-INFRINGEMENT. HELPSYSTEMS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING COMPLETE, RELIABLE, CURRENT OR PERFORMANCE WILL BE UNINTERRUPTED OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESERROR-FREE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES IN THIS AGREEMENTSECTION 9, UNIVERSITY PROVIDES ANY CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER WARRANTIES, GUARANTEESWHETHER EXPRESS, CERTIFICATIONSIMPLIED OR STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIMS ANY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESTITLE, INCLUDING AND NON-INFRINGEMENT WITH RESPECT TO THE OFFERINGS AND CROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS OR CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE OFFERINGS AND CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR USAGE OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF TRADEAIRCRAFT NAVIGATION, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTNUCLEAR FACILITIES, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALINDIRECT LIFE- SUPPORT SYSTEMS, INCIDENTAL, INDIRECTAIR TRAFFIC CONTROL, OR CONSEQUENTIAL DAMAGESANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUESSEVERE PHYSICAL INJURY, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPROPERTY DAMAGE. Customer agrees that it is Customer’s responsibility to ensure safe use of an Offering and CrowdStrike Tool in such applications and installations.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 5 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, UNIVERSITY PROVIDES AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE AGENTERO PLATFORM, SUBSCRIPTION SERVICES, AND ANCILLARY SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE AGENTERO PLATFORM, SUBSCRIPTION SERVICES AND ANCILLARY SERVICES IS AT ITS OWN RISK. AGENTERO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND TITLE, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR TRADE PRACTICE. AGENTERO DISCLAIMS ALL LIABILITY FOR THE LOSS OF DATA ENTERED INTO OR SAVED IN THE AGENTERO PLATFORM. NO AGENT OF AGENTERO IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF AGENTERO AS SET FORTH HEREIN. AGENTERO DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES OR AGENTERO PLATFORM ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AGENTERO PLATFORM (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY AGENTERO PLATFORM OR SUBSCRIPTION SERVICES. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DAMAGESDOWNTIME OR ERROR.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENTSECTION 6.1, UNIVERSITY PROVIDES ENLIGHTED MAKES AND CUSTOMER RECEIVES NO EXPRESS WARRANTIES. ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, STATEMENTS OR REPRESENTATIONS OF ABOUT THE CLOUD SERVICES AND THEIR FUNCTIONALITY IN THE DOCUMENTATION OR ANY KINDCOMMUNICATION WITH CUSTOMER CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND IN ADDITION, ENLIGHTED SPECIFICALLY DISCLAIMS ANY WARRANTIES OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AS WELL AS ALL IMPLIED WARRANTIESENLIGHTED DOES NOT WARRANT THAT THE OPERATION OF THE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING CUSTOMER CONTENT, OR PERFORMANCE THIRD PARTY CONTENT WILL BE SECURE OR USAGE OF TRADENOT OTHERWISE LOST OR DAMAGED. THIS SECTION 6.2 DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTDELAYS, AND (3) UNIVERSITY WILL OTHER PROBLEMS THAT ARISE DUE TO THE NATURE OF INTERNET COMMUNICATIONS. ENLIGHTED IS NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDELAYS, INCIDENTALDATA LOSS, INDIRECTBANDWIDTH CHARGES, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST ANY OTHER COSTS OR ANTICIPATED PROFITS, REVENUES, DAMAGES THAT RESULT FROM SUCH PROBLEMS OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED FOR ANY UNAVAILABILITY OF THE POSSIBILITY OF SUCH DAMAGESCLOUD SERVICES CAUSED BY NETWORK PROBLEMS OR ANY TECHNOLOGY NEEDED TO USE THE CLOUD SERVICES THAT IS NOT PROVIDED BY ENLIGHTED.

Disclaimer. EXCEPT AS EXPRESSLY THE PRODUCTS ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, ,” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING ILLUMIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A OUT OF COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. NO ADVICE OR INFORMATION, (2) UNIVERSITY’S MAXIMUM AGGREGATE WHETHER ORAL OR WRITTEN, OBTAINED FROM ILLUMIO OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS MASTER SUBSCRIPTION AGREEMENT. ILLUMIO DISCLAIMS ANY WARRANTY THAT THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. THE CUSTOMER ASSUMES SOLE RESPONSIBILITY AND LIABILITY UNDER THIS AGREEMENT FOR RESULTS OBTAINED OR LACK THEREOF FROM THE USE OF THE PRODUCTS AND ANY CONCLUSIONS DRAWN THEREFROM. ILLUMIO WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTHAVE NO LIABILITY FOR ANY CLAIMS, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTLOSSES, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DAMAGES CAUSED BY ERRORS OR ANTICIPATED PROFITS, REVENUES, OMISSIONS IN ANY CUSTOMER DATA OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF OTHER CUSTOMER MATERIALS PROVIDED TO ILLUMIO BY THE POSSIBILITY OF SUCH DAMAGESCUSTOMER OR ANY RESULTS PRODUCED BY THE PRODUCTS BASED UPON ANY CUSTOMER DATA OR OTHER CUSTOMER MATERIALS.

Disclaimer. THE WARRANTIES SET FORTH IN SECTION 6.1 ARE MADE FOR THE BENEFIT OF SUBSCRIBER AND AFFILIATES ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTTHE MSA, UNIVERSITY PROVIDES ANY THE USER GUIDE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS IS”,” AND COMPANY MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR TITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THE RESULTS SUBSCRIBER MAY OBTAIN BY USING THE SERVICES. COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, AS WELL AS OR THAT OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. COMPANY DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL BE COMPATIBLE WITH SUBSCRIBER’S COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. COMPANY DISCLAIMS ALL FAILURES, DELAYS AND OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY SUBSCRIBER DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY COMPANY. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY EXABLOX AND ALL ITS SUPPLIERS PROVIDE THE SERVICES TO SPONSOR UNDER THIS AGREEMENT ON AN “AS IS”” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, COVENANTS OR REPRESENTATIONS CONDITIONS OF ANY KIND. NOTWITHSTANDING EXABLOX AND ITS SUPPLIERS DO NOT WARRANT THAT ANY OTHER PROVISION OF THIS AGREEMENTTHE SERVICES WILL BE UNINTERRUPTED, ERROR-­‐FREE OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (1I) UNIVERSITY EXPRESSLY THE SERVICES MAY INCLUDE ACCESS TO AND SPECIFICALLY DISCLAIMS ANY WARRANTIES USE OF MERCHANTABILITY, OR FITNESS A WEB-­‐DELIVERED PORTAL MADE AVAILABLE TO CUSTOMER BY EXABLOX FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD USE DURING THE TERM OF THIS AGREEMENT, ; (II) THE SERVICES MAY REQUIRE ACCESS TO AND USE OF THE INTERNET; (III) EXABLOX DOES NOT HAVE ANY RESPONSIBILITY FOR OPERATING OR MAINTAINING CUSTOMER SERVERS AND CUSTOMER’S CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICES; AND (3IV) UNIVERSITY WILL NOT BE RESPONSIBLE THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA AND CUSTOMER ACCEPTS ALL ASSOCIATED RISKS. EXABLOX AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR LIABLE WRITTEN) WITH RESPECT TO SPONSOR THE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR TO ANY PERSON USAGE IN THE TRADE, BY COURSE OF DEALING OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGESOTHERWISE, INCLUDING LOST ANY AND ALL: (A) WARRANTIES OF MERCHANTABILITY; (B) WARRANTIES OF FITNESS OR ANTICIPATED PROFITSSUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EXABLOX KNOWS, REVENUESHAS REASON TO KNOW, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT HAS RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE POSSIBILITY EXPRESS WARRANTY SET FORTH ABOVE FAILS OF SUCH DAMAGESITS ESSENTIAL PURPOSE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 6 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, UNIVERSITY PROVIDES AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6, THE IRONNET HARDWARE, THE IRONNET OFFERINGS, IAND SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE IRONNET HARDWARE, THE IRONNET OFFERINGS, ND IRONNET SERVICES IS AT ITS OWN RISK. IRONNET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND TITLE, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OR RESELLER OF IRONNET IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF IRONNET AS SET FORTH HEREIN. IRONNET DOES NOT WARRANT THAT THE IRONNET HARDWARE AND IRONNET OFFERINGS ARE OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT AN IRONNET OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OF AN IRONNET OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DOWNTIME OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESERROR.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENTSECTION 8, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCHOOLOGY SYSTEM IS PROVIDED “AS AS-IS”, ” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING , EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, AS WELL AS ALL IMPLIED WARRANTIESQUALITY, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING PRODUCTIVENESS OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTCAPACITY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED THAT THE OPERATION OF THE POSSIBILITY SOFTWARE INCLUDED WITHIN THE SCHOOLOGY SYSTEM WILL BE ERROR FREE. EXCEPT AS PROVIDED HEREIN, THE ENTIRE RISK AND LIABILITY ARISING OUT OF SUCH DAMAGESTHE USE OF THE SCHOOLOGY SYSTEM REMAINS WITH CUSTOMER, INCLUDING, BUT NOT LIMITED TO, WHEN CUSTOMER’S PRACTICES ARE INCONSISTENT WITH THE STANDARDS FOR EDUCATIONAL AND PSYCHOLOGICAL TESTING (1999) BY THE AMERICAN EDUCATIONAL RESEARCH ASSOCIATION. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY FOR PERFORMANCE ISSUES (A) CAUSED BY FACTORS OUTSIDE OF SCHOOLOGY’S REASONABLE CONTROL; OR (B) THAT RESULTED FROM ANY ACTION OR INACTION OF CUSTOMER OR CUSTOMER’S THIRD PARTIES; OR (C) RESULTING FROM SCHEDULED MAINTENANCE PERIODS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE WARRANTIES SET FORTH IN THIS AGREEMENTSECTION 6.3 ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, UNIVERSITY PROVIDES AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6.3. THE PAIGE PLATFORM IS PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE PAIGE PLATFORM IS AT ITS OWN RISK. XXXXX DOES NOT MAKE, AND XXXXXX DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND TITLE, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR TRADE PRACTICE. NO AGENT OF XXXXX IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF XXXXX AS SET FORTH HEREIN. XXXXX DOES NOT WARRANT THAT THE PAIGE PLATFORM IS OR WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE XXXXX OFFERING (AS WITH TECHNOLOGY GENERALLY), MAY HAVE ERRORS (OR “BUGS”) AND MAY ENCOUNTER UNEXPECTED TECHNICAL PROBLEMS. ACCORDINGLY, FROM TIME TO TIME, CUSTOMER MAY EXPERIENCE DOWNTIME AND ERRORS IN THE OPERATION, FUNCTIONALITY OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY PAIGE OFFERING. ACCORDINGLY, CUSTOMER SHALL PUT IN PLACE REASONABLE INTERNAL PROCEDURES AND PROCESSES TO ENABLE IT TO MINIMIZE ANY INCONVENIENCE AND ANY ADVERSE IMPACT OF ANY SUCH DAMAGESDOWNTIME OR ERROR. CUSTOMER AGREES AND ACKNOWLEDGES THAT THE XXXXX OFFERING SHOULD NOT REPLACE CLINICIAN JUDGMENT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION 5.1, UNIVERSITY PROVIDES ANY MICRON ASSIGNS THE PRE-EXISTING PRODUCT DESIGNS, TRANSFERS THE TANGIBLE DESIGN PACKAGE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT LICENSES THE SUPPORTING MATERIALS ON AN “AS IS”,” “WHERE IS” (BUT SUBJECT TO MICRON’S DELIVERY OBLIGATIONS UNDER ARTICLE 2) BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS ANY WARRANTY OF ANY KINDKIND WHATSOEVER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY WITHOUT LIMITING THE FOREGOING, EXCEPT AS PROVIDED IN SECTION 5.1, MICRON DISCLAIMS ANY WARRANTIES WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE FOREGOING. EXCEPT AS PROVIDED IN SECTION 5.1, MICRON MAKES NO WARRANTIES WITH RESPECT TO INTEL’S ABILITY TO: (A) USE ANY OF THE PRE-EXISTING PRODUCT DESIGNS, TANGIBLE DESIGN PACKAGE OR SUPPORTING MATERIALS, OR (B) MANUFACTURE OR HAVE MANUFACTURED ANY PRODUCTS BASED THEREON. EXCEPT AS WELL AS ALL IMPLIED WARRANTIESPROVIDED IN SECTION 5.1, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE MICRON MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE USE, PRACTICE OR COMMERCIAL EXPLOITATION OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER ANYTHING PROVIDED PURSUANT TO THIS AGREEMENT WILL NOT EXCEED INFRINGE THE AMOUNTS PAID BY SPONSOR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, AND, EXCEPT AS PROVIDED PURSUANT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS IP INDEMNIFICATION AGREEMENT, AND (3) UNIVERSITY WILL INTEL HEREBY AGREES THAT ITS USE, PRACTICE OR COMMERCIAL EXPLOITATION OF ANY SUCH SUBJECT MATTER SHALL BE ENTIRELY AT ITS OWN RISK. SUCH DISCLAIMERS ARE NOT BE RESPONSIBLE INTENDED TO AFFECT ANY DIRECT CLAIMS OR LIABLE REMEDIES INTEL MAY ASSERT AGAINST ANY THIRD PARTY OR PREVENT THE PASS-THROUGH OR ASSIGNMENT TO SPONSOR OR TO INTEL OF ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESRIGHTS MICRON MAY HAVE AGAINST ANY THIRD PARTY.

Disclaimer. EXCEPT AS EXPRESSLY THE WARRANTIES SET FORTH IN THIS SECTION 9 ABOVE ARE PROVIDED IN LIEU OF, AND EACH PARTY HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES CAPTISOL, THE LICENSED PATENTS OR THE CAPTISOL DATA PACKAGE, INCLUDING BUT NOT LIMITED TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CYDEX’S WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL ARE SOLELY FOR THE BENEFIT OF COMPANY AND MAY BE ASSERTED ONLY BY COMPANY AND NOT EXCEED BY ANY AFFILIATE, SUBLICENSEE OR GDSVF&H\1743342.4 LICENSE AND SUPPLY AGREEMENT PAGE 22 ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE AMOUNTS PAID BY SPONSOR COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OMITTED PORTIONS. CONFIDENTIAL TREATMENT REQUESTED ANY CUSTOMER OF THIS AGREEMENTCOMPANY, ITS AFFILIATES OR SUBLICENSEES. COMPANY, ITS AFFILIATES AND (3) UNIVERSITY WILL NOT SUBLICENSEES SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS AND WARRANTIES THAT COMPANY, ITS AFFILIATES OR LIABLE TO SPONSOR OR SUBLICENSEES MAKE TO ANY PERSON CUSTOMER OF COMPANY, ITS AFFILIATES OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSUBLICENSEES.

Disclaimer. THE ABOVE WARRANTIES ARE CA’S ONLY WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW. CA DOES NOT WARRANT THAT CA’S SOFTWARE CONSULTING SERVICES OR MAINTENANCE WILL MEET SERVICE PROVIDERS’ REQUIREMENTS OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. 8 Limitation of Liability EXCEPT AS EXPRESSLY PROVIDED FOR BREACHES OF SECTION 2 BY SERVICE PROVIDER OR SECTION 4 BY EITHER PARTY (I) IN THIS AGREEMENTNO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PARTY, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONSWHETHER IN CONTRACT OR TORT, OR REPRESENTATIONS OF OTHERWISE FOR ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXAMPLARY, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESUNFORESEEABLE LOSS, INCLUDING LOST DAMAGE OR ANTICIPATED EXPENSE, LOSS OF PROFITS, REVENUESLOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OR SAVINGSCORRUPTION OF DATA, HOWEVER ARISING, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED, AND (II) EACH PARTY’S LIABILITY TO THE OTHER UNDER THE AGREEMENT, FOR DIRECT DAMAGES, LOSS, REFUNDS, OR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WHETHER CONTRACTUAL OR NON- CONTRACTUAL, SHALL BE LIMITED TO A MAXIMUM OF THE FEES PAID AND OWED DURING THE THEN CURRENT MAINTENANCE TERM FOR USE OF THE SOFTWARE OR CONSULTING SERVICES THAT ARE THE SUBJECT OF THE CLAIM.

Disclaimer. EXCEPT AS a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE KIDCABOO PROPERTIES IS AT YOUR SOLE RISK, AND THE KIDCABOO PROPERTIES ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. KIDCABOO AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COVERED PARTIES”, WITHOUT ) DISCLAIM ALL WARRANTIES, GUARANTEESREPRESENTATIONS, CERTIFICATIONS, OR REPRESENTATIONS AND CONDITIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: , WHETHER EXPRESS OR IMPLIED (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESUSE OR PURPOSE AND NON- INFRINGEMENT), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY IMPLIED CAR OR BOOSTER SEATS THAT MAY BE PROVIDED BY KIDCABOO OR DRIVING NANNIES OR THE INSTALLATION OF SUCH CAR OR BOOSTER SEATS BY DRIVERS. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ARISING FROM A COURSE ABOUT THE ACCURACY OR COMPLETENESS OF DEALING CONTENT AVAILABLE ON OR THROUGH THE KIDCABOO PROPERTIES OR FOR THE CONDUCT OR PERFORMANCE OR USAGE OF TRADETHE DRIVING NANNIES, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTARRANGERS, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALRIDERS, INCIDENTAL, INDIRECTPARTICIPANTS, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOTHER USERS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN REPRESENTED AND/OR WARRANTED UNDER THIS AGREEMENT, UNIVERSITY PROVIDES DOTMATICS DISCLAIMS, TO THE MAXIMUM EXTENT ENFORCEABLE BY LAW, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS LIMITATION,ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR QUALITY, FITNESSFOR A PARTICULAR PURPOSE, AS WELL AS NON- INFRINGEMENT, NON- INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND ANY OTHER WARRANTIES THAT MAY OTHERWISE BE IMPLIED. CUSTOMER ASSUMES RESPONSIBILITY FOR SELECTING DOTMATICS OFFERINGS TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE USE OF, AND RESULTSOBTAINED FROM, THE DOTMATICS OFFERINGS. WITHOUT LIMITING THE FOREGOING PROVISION, DOTMATICS DOES NOT WARRANT THAT THE DOTMATICS OFFERINGS WILL BEERROR-FREE OR THAT USE OF, OR ACCESS TO, SUCH DOTMATICS OFFERINGS WILL BE UNINTERRUPTED, THAT DOTMATICS WILL CORRECT ALL IMPLIED WARRANTIESSOFTWARE DEFECTS, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A OR THAT THE DOTMATICS OFFERINGS WILL MEET &86720(5¶6 5(48N,O5W(A0R(RA1N7TI6ES ARE MADE ON THE BASIS OF COURSE OF DEALING PERFORMANCE, COURSE OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTDEALING, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTRADE USAGE.

Disclaimer. EXCEPT AS EXPRESSLY THE ZULTYS SERVICES AND EQUIPMENT PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “YOU ARE PROVIDED "AS IS”, WITHOUT " AND "AS AVAILABLE" AND ZULTYS MAKES NO WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONSINCLUDING, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY SIMILAR XXXXXXXX, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. ZULTYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND EQUIPMENT SHALL BE BORNE SOLELY BY YOU. ZULTYS MAKES NO WARRANTY ON UP-TIME, RESPONSE TIMES, LATENCY, MEAN- TIME BETWEEN FAILURES, QUALITY OF SERVICE, AND/OR QUALITY OF VOICE OR FAX COMMUNICATIONS. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR HIGH-RISK OR OTHER ACTIVITIES WHERE FAILURE OF THE SERVICE COULD RESULT IN SERIOUS HARM TO PERSONS OR PROPERTY. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR USE AS WELL AS ALL A REPOSITORY OR MEANS BY WHICH TO STORE PHI ON A NON-TEMPORARY BASIS OR FOR USE BY A HIPAA-COVERED ENTITY TO TRANSMIT, RECEIVE, OR STORE PHI WITHOUT ACTIVATION OF THE ZULTYS HIPAA CONDUIT SETTING. ZULTYS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ZULTYS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. ZULTYS IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES. ZULTYS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND ZULTYS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZULTYS, ITS EMPLOYEES, DEALERS, RESELLERS, PARTNERS, OR AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, ZULTYS MAKES NO GUARANTEES OF SECURITY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, INCLUDING SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ZULTYS CANNOT DISCLAIM ANY IMPLIED WARRANTIES SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. Limitation of Liability IN NO EVENT SHALL ZULTYS OR ITS OFFICERS, DIRECTORS, STOCKHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE EQUIPMENT OR THE SERVICES OBTAINED FROM A COURSE ZULTYS, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMA- TION OBTAINED FROM ZULTYS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF DEALING FILES OR PERFORMANCE E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR USAGE TRANSMISSION OR ANY FAILURE OF TRADEPERFORMANCE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL WHETHER OR NOT EXCEED THE AMOUNTS PAID BY SPONSOR RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTZULTYS’ RECORDS, AND (3) UNIVERSITY WILL NOT PROGRAMS OR SERVICES. IN NO EVENT SHALL ZULTYS BE RESPONSIBLE OR LIABLE TO SPONSOR YOU, YOUR REPRESENTATIVES OR TO AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR INCIDENTAL, DIRECT, INDIRECT, SPECIAL, INCIDENTALPUNITIVE, INDIRECTEXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, REVENUESRELATING TO OR ARISING OUT OF THE SERVICES OF ZULTYS, THE USE OF OR INABILITY TO USE THE SERVICES, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICES, THE INABILITY TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE EQUIPTMENT OF ZULTYS FOR THE SERVICES, THE USE OF AND/OR INABILITY TO USE SUCH EQUIPMENT, THE INSTALLATION OF SUCH EQUIPMENT, AND/OR THESE TERMS AND CONDITIONS. NOR SHALL ZULTYS BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICES, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR SAVINGSFOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING, EVEN IF UNIVERSITY HAS BEEN ADVISED BUT NOT LIMITED TO, THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT FAILURE, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS, BUT NOT LIMITED TO, ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ZULTYS OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ZULTYS’ CONTROL, INCLUDING, WITHOUT LIMITATION, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. ZULTYS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ZULTYS OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ZULTYS’ NEGLIGENCE OR OTHER ACTS OR OMISSIONS. ZULTYS’ LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICES CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT ZULTYS WAS INFORMED OF THE POSSIBILITY LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE ZULTYS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH DAMAGESCLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ZULTYS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. Publicity Rights You agree that Zultys may identify you as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on Zultys' Website; or any other third-party website where Zultys or its designated agents may promote the Services. You hereby grant Zultys and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENTTHESE TERMS & CONDITIONS, UNIVERSITY PROVIDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNESIS ONE, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OTHER WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE AND NON-INFRINGEMENT. SYNESIS ONE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTITS AFFILIATES, AND (3) UNIVERSITY WILL ITS SUPPLIERS ARE NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTSTORE, OR CONSEQUENTIAL DAMAGESANY LOSS OF ANY USER DATA, INCLUDING LOST OR ANTICIPATED PROFITSBLOCKCHAIN DATA, REVENUESNFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR SAVINGSTRANSMITTED THROUGH USE OF SYNESIS ONE GAMES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER SYNESIS ONE, EVEN IF UNIVERSITY HAS BEEN ADVISED ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF SYNESIS ONE GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SYNESIS ONE, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE POSSIBILITY OF SUCH DAMAGESINABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.

Disclaimer. 8.1.1 EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY THE SERVICES AND ALL THE PROFESSIONAL SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS IS”, ,” “AS AVAILABLE” AND WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, REPRESENTATIONS OR REPRESENTATIONS WARRANTIES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL AND ANY REPRESENTATIONS AND WARRANTIES IMPLIED WARRANTIES, INCLUDING BY ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. INNOVYZE AND ITS SUPPLIERS, PARTNERS, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT THAT: (2i) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT THE SERVICES WILL NOT EXCEED MEET YOUR REQUIREMENTS; (ii) THE AMOUNTS PAID BY SPONSOR SERVICES OR THEIR USE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iii) ALL DEFICIENCIES IN THE SERVICES CAN BE FOUND OR CORRECTED; OR (iv) YOUR SYSTEMS WILL INTERFACE WITH OR CONNECT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTSERVICES. FURTHER, AND (3) UNIVERSITY INNOVYZE WILL NOT BE RESPONSIBLE FOR: (a) ANY LOSS OF DATA THAT IS NOT DUE TO A BREACH OF THIS AGREEMENT BY INNOVYZE; (b) YOUR INABILITY TO ACCESS OR LIABLE TO SPONSOR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR TO ANY PERSON USERS THAT COMPRISE THE INTERNET OR ENTITY CLAIMING THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, THE INTERNET; OR CONSEQUENTIAL DAMAGES, INCLUDING LOST (c) GOODS OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICES PROVIDED BY THIRD PARTY PROVIDERS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT IS SOLELY BETWEEN [INSERT NAME OF THE M&O CONTRACTOR] AND [THE OTHER IDENTIFIED PARTY]. THE UNITED .STATES GOVERNMENT IS NOT A PARTY TO THIS AGREEMENT, UNIVERSITY PROVIDES THIS AGREEMENT DOES NOT CREATE ANY OBLIGATIONS OR LIABILITY ON BEHALF OF THE GOVERNMENT AND ALL SERVICES THE GOVERNMENT MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO SPONSOR THE CONDITIONS OF THE RESEARCH OR ANY INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT MADE OR DEVELOPED UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONSAGREEMENT, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESEARCH OR RESULTING PRODUCT; THAT THE GOODS, SERVICES, MATERIALS, PRODUCTS, PROCESSES, INFORMATION, OR DATA TO BE FURNISHED HEREUNDER WILL ACCOMPLISH INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE INCLUDING THE INTENDED PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ; ORTHAT ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT THE ABOVE WILL NOT EXCEED INTERFERE WITH PRIVATELY OWNED RIGHTS OF OTHERS. THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL GOVERNMENT SHALL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES ATTRIBUTED TO SUCH RESEARCH OR RESULTING PRODUCT, INCLUDING LOST OR ANTICIPATED PROFITSINTELLECTUAL . PROPERTY, REVENUESGENERATED INFORMATION, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF PRODUCT MADE OR DELIVERED UNDER THIS AGREEMENT. THIS DISCLAIMER DOES NOT AFFECT ANY RIGHTS THE POSSIBILITY OF SUCH DAMAGESGOVERNMENT MAY HAVE AGAINST THIRD PARTIES ARISING FROM WORK CONDUCTED IN CONNECTION WITH THIS AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY SET FORTH HEREIN, THE SERVICES PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT BY ANITIAN ARE PROVIDED ON AN “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS ” AND “AS AVAILABLE” BASIS WTHOUT WARRANTIES OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY , EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITYTITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE GIVEN BY ANITIAN, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING TYPE OR PERFORMANCE NATURE. 7.3. Third Party Disclaimer. THE CLOUD INFRASTRUCTURE SERVICE AND THIRD PARTY PRODUCTS ARE NOT ANITIAN PRODUCTS. ANITIAN IS NOT RESPONSIBLE FOR THE CLOUD INFRASTRUCTURE SERVICE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTTHIRD PARTY PRODUCTS, OR CONSEQUENTIAL DAMAGESFOR ANY ACTS OR OMISSIONS OF THE THIRD-PARTY PROVIDER OF THE CLOUD INFRASTRUCTURE SERVICE OR THIRD PARTY PRODUCTS. SUBSCRIBER ACKNOWLEDGES THAT THE PROVIDER OF THE CLOUD INFRASTRUCTURE SERVICE MAY IMPLEMENT PROCEDURES THAT WOULD MAKE IT DIFFICULT OR IMPOSSIBLE TO ACCESS SUBSCRIBER’S DATA OR THE RESOURCES MADE AVAILABLE VIA THE CLOUD INFRASTRUCTURE SERVICE IN CERTAIN CIRCUMSTANCES (E.G., INCLUDING LOST OR ANTICIPATED PROFITSIN THE CASE OF A VIRUS, REVENUESDENIAL-OF-SERVICE, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED SIMILAR ATTACK; TRANSMISSION OR STORAGE OF INFRINGING OR ILLEGAL CONTENT; USE FOR BULK EMAIL; USE THAT COULD OR DOES HARM THE POSSIBILITY OF SUCH DAMAGESTHIRD PARTY’S NETWORKS OR SERVERS OR COMPROMISE SECURITY).

Disclaimer. EXCEPT AS EXPRESSLY THE API IS PROVIDED IN THIS AGREEMENTON AN AS-IS BASIS AND CUSTOMER’S USE THEREOF IS AT ITS OWN RISK. SUPPLIER DOES NOT MAKE, UNIVERSITY PROVIDES AND HEREBY DISCLAIMS, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”OTHER EXPRESS, WITHOUT STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, GUARANTEESINCLUDING, CERTIFICATIONSBUT NOT LIMITED TO, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNONINFRINGEMENT AND TITLE, INCLUDING AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR PERFORMANCE TRADE PRACTICE. NO AGENT OF SUPPLIER IS AUTHORIZED TO ALTER OR USAGE EXPAND THE WARRANTIES OF TRADESUPPLIER AS SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT: (A) THE USE OF THE API WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY NON-SUPPORTED HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE API WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; OR, (2C) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT THE API WILL NOT EXCEED BE ERROR-FREE OR THAT ERRORS OR DEFECTS IN THE AMOUNTS PAID BY SPONSOR API WILL BE CORRECTED. USE OF THE API MAY BE SUBJECT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTLIMITATIONS, DELAYS, AND (3) UNIVERSITY WILL OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SUPPLIER IS NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALDELAYS, INCIDENTAL, INDIRECTDELIVERY FAILURES, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF OTHER DAMAGES RESULTING FROM SUCH DAMAGESPROBLEMS.

Disclaimer. EXCEPT AS EXPRESSLY SIGNATORY AND EACH PARTICIPANT MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, TEST RESULTS OR CONFIDENTIAL INFORMATION DISCLOSED AT THE PLUGFEST. SIGNATORY AND EACH PARTICIPANT SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. SUCH INFORMATION, TEST RESULTS OR CONFIDENTIAL INFORMATION IS PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING LIMITATION OF LIABILITY EXCEPT WITH RESPECT TO SECTION 5, IN NO EVENT SHALL CTA OR ANY PARTICIPANT HAVE ANY LIABILITY TO ANY OTHER PROVISION PARTICIPANT OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS OR COSTS OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES PROCUREMENT OF MERCHANTABILITYSUBSTITUTE GOODS OR SERVICES, OR FITNESS FOR A PARTICULAR PURPOSEANY INDIRECT, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND (3) UNIVERSITY WILL WHETHER OR NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN THIS AGREEMENTSECTION 18, UNIVERSITY PROVIDES ANY AND ALL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS AS-IS”, ” WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS WARRANTY OF ANY KIND. NOTWITHSTANDING , EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF (i) MERCHANTABILITY, OR ; (ii) FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE; (iii) QUALITY; (iv) PRODUCTIVENESS; OR (v) CAPACITY, OR THAT THE OPERATION OF THE SERVICES IS ERROR-FREE. EXCEPT AS WELL AS ALL IMPLIED WARRANTIESPROVIDED HERE, INCLUDING ANY IMPLIED WARRANTIES THE ENTIRE RISK AND LIABILITY ARISING FROM A COURSE OUT OF DEALING USE OF THE SERVICES REMAINS WITH SUBSCRIBER. THERE IS NO WARRANTY FOR DATA SECURITY OR PERFORMANCE ISSUES (a) CAUSED BY FACTORS OUTSIDE OF NWEA'S REASONABLE CONTROL; OR USAGE (b) RESULTING FROM ANY ACTION OR INACTION OF TRADESUBSCRIBER OR ANY THIRD PARTIES; OR (c) RESULTING FROM SCHEDULED MAINTENANCE PERIODS. NWEA CANNOT CONTROL PERFORMANCE OF THE SERVICES BASED ON THE FLOW OF DATA TO OR FROM NWEA'S NETWORK OR OVER THE INTERNET, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WHICH DEPEND IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER'S CONNECTIONS TO THE INTERNET. ALTHOUGH NWEA USES COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS, NWEA DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR OCCUR. ACCORDINGLY, NWEA DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATED TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEVENTS.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Xxxx DOES NOT WARRANT THAT THE SERVICES OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PROFESSIONAL SERVICES. EXCEPT AS PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES THE SERVICES, PROFESSIONAL SERVICES, DOCUMENTATION AND ANY AND ALL CONTENT, SERVICES AND PRODUCTS INCLUDED IN THE FOREGOING OR OTHERWISE PROVIDED BY Maxa TO SPONSOR UNDER THIS AGREEMENT CUSTOMER ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WHERE IS”. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SERVICES AND THE PROFESSIONAL SERVICES ARE PROVIDED WITHOUT WARRANTIESANY REPRESENTATION AND/OR WARRANTY OF ANY KIND AND Maxa MAKES NO OTHER REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, CERTIFICATIONSEXPRESS OR IMPLIED, STATUTORY, LEGAL OR REPRESENTATIONS OTHERWISE REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION THE CONTENT, OUTPUTS OR DATA WHICH ARE DERIVED FROM OR RESULTS FROM THE USE OF THIS AGREEMENT: (1) UNIVERSITY THE SERVICES OR THE PROFESSIONAL SERVICES, AND EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CUSTOMER HEREBY WAIVES ANY LEGAL WARRANTY EXCEPT AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF OTHERWISE PROVIDED IN THIS AGREEMENT, AND (3) UNIVERSITY WILL . Xxxx DOES NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED WARRANT THAT CUSTOMER’S USE OF THE POSSIBILITY SERVICES OR ANY DELIVERABLES WILL BE ERROR-FREE OR UNINTERRUPTED. 14.4 Disclaimer - Third Party Content. THE SUPPORTED THIRD-PARTY CONTENT PROVIDED THROUGH THE SERVICES OR PROFESSIONAL SERVICES IS PROVIDED "AS IS" “ AS AVAILABLE” AND “WHERE IS”. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER SHALL NOT MAKE USE OF THE SERVICES, INTEGRATE OR OTHERWISE ASSOCIATE ANY CONTENT, DATA, SOFTWARE AND/OR SYSTEMS OWNED OR CONTROLLED BY A THIRD PARTY, EXCEPT IF SAME IS SPECIFICALLY AUTHORIZED BY THE THIRD PARTY HOLDING THE RIGHTS TO SUCH DAMAGESCONTENT, DATA, SOFTWARE AND/OR SYSTEMS.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY SECTION 11 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT THERE ARE NO OTHER WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY AND DELIVERHEALTH HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESAND/OR NON-INFRINGEMENT AND TITLE. DELIVERHEALTH DOES NOT GUARANTEE THAT THE SOFTWARE OR SERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, INCLUDING OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. DELIVERHEALTH MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY IMPLIED WARRANTIES ARISING FROM A COURSE THIRD- PARTY SOFTWARE. UNDER NO CIRCUMSTANCES SHALL DELIVERHEALTH'S THIRD PARTY SUPPLIERS OF DEALING OR PERFORMANCE OR USAGE ANY COMPONENT OF TRADETHE DELIVERHEALTH SOFTWARE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT CLOUD SERVICES BE RESPONSIBLE OR LIABLE TO SPONSOR COMPANY OR TO ITS AFFILIATES FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DIRECT OR ANTICIPATED PROFITSOTHERWISE, REVENUES, ARISING UNDER THIS AGREEMENT OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE POSSIBILITY OF SUCH DAMAGESFOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENTTHESE TERMS & CONDITIONS, UNIVERSITY PROVIDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GALA, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OTHER WARRANTY OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY , WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE AND NON-INFRINGEMENT. GALA, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTITS AFFILIATES, AND (3) UNIVERSITY WILL ITS SUPPLIERS ARE NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTSTORE, OR CONSEQUENTIAL DAMAGESANY LOSS OF ANY USER DATA, INCLUDING LOST OR ANTICIPATED PROFITSBLOCKCHAIN DATA, REVENUESNFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR SAVINGSTRANSMITTED THROUGH USE OF GALA SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER GALA, EVEN IF UNIVERSITY HAS BEEN ADVISED ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF GALA SERVICES, GALA BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE ERROR-FREE OR UNINTERRUPTED. GALA, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE POSSIBILITY OF SUCH DAMAGESINABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.

Disclaimer. THE WARRANTIES SET FORTH IN SECTION 5.1 ABOVE ARE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY THE USER GUIDE AND ALL THE SERVICES TO SPONSOR UNDER THIS AGREEMENT ARE PROVIDED “AS IS”,” AND MOBILE22 MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR TITLE, NON- INFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THE RESULTS SUBSCRIBER MAY OBTAIN BY USING THE SERVICES. MOBILE22 DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, AS WELL AS OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. MOBILE22 DOES NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH SUBSCRIBER`S COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. MOBILE22 DISCLAIMS ALL PROBLEMS RELATING TO THE INTERNET AND IS NOT RESPONSIBLE FOR ANY SUBSCRIBER DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY MOBILE22. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY SECTION 10 (“LIMITED WARRANTIES”) ARE EXCLUSIVE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT THERE ARE NO OTHER WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY AND DELIVERHEALTH HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESAND/OR NON-INFRINGEMENT AND TITLE. DELIVERHEALTH DOES NOT GUARANTEE THAT THE SOFTWARE OR SERVICES WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT, INCLUDING OR THAT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION. DELIVERHEALTH MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY IMPLIED WARRANTIES ARISING FROM A COURSE THIRD- PARTY SOFTWARE. UNDER NO CIRCUMSTANCES SHALL DELIVERHEALTH'S THIRD PARTY SUPPLIERS OF DEALING OR PERFORMANCE OR USAGE ANY COMPONENT OF TRADETHE DELIVERHEALTH SOFTWARE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT CLOUD SERVICES BE RESPONSIBLE OR LIABLE TO SPONSOR COMPANY OR TO ITS AFFILIATES FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DIRECT OR ANTICIPATED PROFITSOTHERWISE, REVENUES, ARISING UNDER THIS AGREEMENT OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN. SUCH THIRD-PARTY SUPPLIERS ARE THIRD PARTY BENEFICIARIES OF THE POSSIBILITY OF SUCH DAMAGESFOREGOING SENTENCE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IF ANY PARTY DEFAULTS IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR OF ITS OBLIGATIONS UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS AND SUBJECT TO THE LIABILITY CAP IN SECTION 8.K OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION APPENDIX A OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSETHE DIR CONTRACT, AS WELL AS ALL IMPLIED WARRANTIESMODIFIED BY THE PARTIES, INCLUDING THE NON BREACHING PARTY WILL BE ENTITLED TO RECOVER FROM THE BREACHING PARTY ONLY THE ACTUAL AND DIRECT DAMAGES THAT THE NON BREACHING PARTY MAY INCUR ON ACCOUNT OF SUCH BREACH. NEITHER PARTY NOR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING ITS RESPECTIVE AFFILIATES OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT LICENSORS WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO THE OTHER PARTY FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EXEMPLARY DAMAGES EVEN IF UNIVERSITY A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ASSOCIATED WITH: LOSS OF PROFITS OR GOOD WILL; UNAVAILABILITY OR NONPERFORMANCE OF ANY OR ALL OF THE SERVICES; INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OR ACCESS TO THE SERVICE OFFERINGS; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; UNAUTHORIZED ACCESS TO, COMPROMISE, ALTERATION OR LOSS OF CUSTOMER CONTENT; OR COST OF REPLACEMENT OR RESTORATION OF ANY LOST OR ALTERTED CUSTOMER CONTENT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 8, VIRTUAL FACILITY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES RELATING TO OR CONCERNING THE PLATFORM, SOFTWARE, SERVICES, VIRTUAL FACILITY SYSTEM, CONNECTIVITY, DOCUMENTATION, THIRD PARTY SOFTWARE, OR OTHERWISE RELATING TO THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND VIRTUAL FACILITY HEREBY DISCLAIMS ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, THE IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES CONDITIONS OF MERCHANTABILITY, ACCURACY, TITLE, SECURITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING OR ANY IMPLIED WARRANTIES WARRANTY ARISING FROM A COURSE OF DEALING PERFORMANCE, COURSE OF DEALING, USAGE OR PERFORMANCE TRADE. WITHOUT LIMITING THE FOREGOING, VIRTUAL FACILITY MAKES NO WARRANTY OR USAGE OF TRADEREPRESENTATION THAT THE SERVICES, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT PLATFORM, VIRTUAL FACILITY SYSTEM, SOFTWARE OR CONNECTIVITY WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTBE CONTINUOUS, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECTUNINTERRUPTED, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST ERROR-FREE. CUSTOMER FURTHER ACKNOWLEDGES THAT THE INTERNET IS NOT A SECURE MEDIUM AND IS SUBJECT TO INTERRUPTION AND DISRUPTION. TRANSMISSION OF INFORMATION AND DATA VIA THE INTERNET IS OUT OF VIRTUAL FACILITY’S CONTROL. VIRTUAL FACILITY IS NOT RESPONSIBLE FOR ANY INTERCEPTION OR ANTICIPATED PROFITS, REVENUES, CORRUPTION OF INFORMATION OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED DATA DURING ANY TRANSMISSION OVER THE INTERNET OR ANY RELATED TELECOMMUNICATIONS NETWORK OR AT ANY CUSTOMER NETWORK ACCESS POINT OR ANY PART OF THE POSSIBILITY OF SUCH DAMAGESCUSTOMER’S SYSTEMS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS ARTICLE 9, NEITHER PARTY MAKES, AND EACH HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, UNIVERSITY PROVIDES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY MAKES, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THIS AGREEMENT (2I) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF THE PRODUCTS PURSUANT TO THIS AGREEMENT WILL NOT EXCEED BE SUCCESSFUL, THAT ANY PRODUCT WILL OBTAIN MARKETING AUTHORIZATION APPROVAL IN THE AMOUNTS PAID TERRITORY OR THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE PRODUCTS WILL BE ACHIEVED OR (II) REGARDING THE EFFECTIVENESS, VALUE, SAFETY, NON-TOXICITY OR PATENTABILITY OF ANY LICENSED INTELLECTUAL PROPERTY, PRODUCTS OR ANY RESULTS PROVIDED BY SPONSOR EITHER PARTY PURSUANT TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT . NOTHING IN THIS SECTION 9.4 SHALL BE RESPONSIBLE CONSTRUED TO LIMIT OR LIABLE TO SPONSOR EXCLUDE ANY REPRESENTATION OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF WARRANTY EXPRESSLY MADE IN THE POSSIBILITY OF SUCH DAMAGESSUPPLY AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY THE ZULTYS SERVICES AND EQUIPMENT PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “YOU ARE PROVIDED "AS IS”, WITHOUT " AND "AS AVAILABLE" AND ZULTYS MAKES NO WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONSINCLUDING, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. ZULTYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND EQUIPMENT SHALL BE BORNE SOLELY BY YOU. ZULTYS MAKES NO WARRANTY ON UP-TIME, RESPONSE TIMES, LATENCY, MEAN- TIME BETWEEN FAILURES, QUALITY OF SERVICE, AND/OR QUALITY OF VOICE OR FAX COMMUNICATIONS. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR HIGH-RISK OR OTHER ACTIVITIES WHERE FAILURE OF THE SERVICE COULD RESULT IN SERIOUS HARM TO PERSONS OR PROPERTY. ZULTYS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR USE AS WELL AS ALL A REPOSITORY OR MEANS BY WHICH TO STORE PHI ON A NON-TEMPORARY BASIS OR FOR USE BY A HIPAA-COVERED ENTITY TO TRANSMIT, RECEIVE, OR STORE PHI WITHOUT ACTIVATION OF THE ZULTYS HIPAA CONDUIT SETTING. ZULTYS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ZULTYS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. ZULTYS IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES. ZULTYS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND ZULTYS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZULTYS, ITS EMPLOYEES, DEALERS, RESELLERS, PARTNERS, OR AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, ZULTYS MAKES NO GUARANTEES OF SECURITY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, INCLUDING SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ZULTYS CANNOT DISCLAIM ANY IMPLIED WARRANTIES SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. Limitation of Liability IN NO EVENT SHALL ZULTYS OR ITS OFFICERS, DIRECTORS, STOCKHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE EQUIPMENT OR THE SERVICES OBTAINED FROM A COURSE ZULTYS, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMA- TION OBTAINED FROM ZULTYS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF DEALING FILES OR PERFORMANCE E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR USAGE TRANSMISSION OR ANY FAILURE OF TRADEPERFORMANCE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL WHETHER OR NOT EXCEED THE AMOUNTS PAID BY SPONSOR RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENTZULTYS’ RECORDS, AND (3) UNIVERSITY WILL NOT PROGRAMS OR SERVICES. IN NO EVENT SHALL ZULTYS BE RESPONSIBLE OR LIABLE TO SPONSOR YOU, YOUR REPRESENTATIVES OR TO AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR INCIDENTAL, DIRECT, INDIRECT, SPECIAL, INCIDENTALPUNITIVE, INDIRECTEXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, REVENUESRELATING TO OR ARISING OUT OF THE SERVICES OF ZULTYS, THE USE OF OR INABILITY TO USE THE SERVICES, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICES, THE INABILITY TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE EQUIPTMENT OF ZULTYS FOR THE SERVICES, THE USE OF AND/OR INABILITY TO USE SUCH EQUIPMENT, THE INSTALLATION OF SUCH EQUIPMENT, AND/OR THESE TERMS AND CONDITIONS. NOR SHALL ZULTYS BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICES, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR SAVINGSFOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING, EVEN IF UNIVERSITY HAS BEEN ADVISED BUT NOT LIMITED TO, THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT FAILURE, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS, BUT NOT LIMITED TO, ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ZULTYS OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ZULTYS’ CONTROL, INCLUDING, WITHOUT LIMITATION, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. ZULTYS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ZULTYS OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ZULTYS’ NEGLIGENCE OR OTHER ACTS OR OMISSIONS. ZULTYS’ LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICES CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT ZULTYS WAS INFORMED OF THE POSSIBILITY LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE ZULTYS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH DAMAGESCLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ZULTYS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. Publicity Rights You agree that Zultys may identify you as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on Zultys' Website; or any other third-party website where Zultys or its designated agents may promote the Services. You hereby grant Zultys and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED Nepoware has provided links and pointers to Internet sites maintained by third parties. Neither Nepoware, nor its affiliates operate or control in any respect any information, products or services on these third-party sites. THE MATERIALS IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY SITE AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “THE THIRD-PARTY SITES ARE PROVIDED "AS IS”, " AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEPOWARE DISCLAIMS ALL WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONSINCLUDING, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PARTICUALR PURPOSE. NEPOWARE DOES NOT WARRANT THAT THE FUNCTIONS OF ITS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. NEPOWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT NEPOWARE) ASSUME THE ENTIRE COST OF ALL IMPLIED WARRANTIESNECESSARY MAINTENANCE, INCLUDING REPAIR OR CORRECTION. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,IN ADDITION TO THE ABOVE DISCLAIMERS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL NEPOWARE, ITS SUBSIDIARY OR AFFILIATES, SUPPLIERS, LICENSORS BE LIABLE FOR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADEDIRECT, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR CONSEQUENTIAL DAMAGESTHE INABILITY TO USE NEPOWARE PRODUCT, INCLUDING LOST MATERIALS OR ANTICIPATED PROFITS, REVENUESSERVICES. IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR SAVINGSWITH, EVEN IF UNIVERSITY HAS BEEN ADVISED ANY OF NEPOWARE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE POSSIBILITY OF SUCH DAMAGESNEPOWARE PRODUCT AND SERVICES.

Disclaimer. EXCEPT AS Contractor and its third party suppliers do not warrant that any Product will meet City’s requirements or that access to the Product, or the operation of the Product, will be uninterrupted, error-free, that all errors will be timely corrected, or that the data and/or reports generated by the Product will be accurate in the event that any third party information providers have provided inaccurate information. THE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY ADDENDUM AND THE AGREEMENT ARE IN LIEU OF ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONSINCLUDING, OR REPRESENTATIONS OF BUT NOT LIMITED TO, ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESOR NON-INFRINGEMENT, INCLUDING WHICH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. NO REPRESENTATIVE OF CONTRACTOR SHALL HAVE THE RIGHT TO MAKE WARRANTIES ON CONTRACTOR’S BEHALF UNLESS THOSE WARRANTIES ARE IN WRITING AND EXECUTED BY A DULY AUTHORIZED OFFICER OF CONTRACTOR. EXCEPT WITH RESPECT TO THEIR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS HAVE ANY IMPLIED WARRANTIES LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM IN ANY WAY OUT OF THIS AGREEMENTADDENDUM UNDER ANY CAUSE OF ACTION, AND (3) UNIVERSITY WILL WHETHER OR NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY THE CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THSES LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES THE SOFTWARE AND ANY AND ALL SERVICES TO SPONSOR ANYLOGIC MATERIALS FURNISHED BY ANYLOGIC UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS”” BASIS, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYQUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANYLOGIC DOES NOT WARRANT THAT THE SOFTWARE AND ANY ANYLOGIC MATERIALS WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS, AS WELL AS ALL OR THAT THE OPERATION OF THE SOFTWARE AND ANY ANYLOGIC MATERIALS WILL BE ERROR FREE. ANY WARRANTIES IMPLIED WARRANTIESBY LAW, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A BY THE COURSE OF DEALING BETWEEN THE PARTIES, OR PERFORMANCE OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ANYLOGIC DOES NOT WARRANT THAT THE USE OF THE SOFTWARE ALLOWED HEREUNDER SHALL RESULT IN ANY PARTICULAR LEVEL OR USAGE TYPE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER FINANCIAL RESULTS FOR LICENSEE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT WILL NOT EXCEED AND FORMED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING BASIS FOR DETERMINING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING CONSIDERATION CHARGED FOR THE TERM OF THIS AGREEMENT, LICENSES AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOPPORTUNITIES PROVIDED HEREUNDER.

Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY WARRANTED ABOVE, THE TELOCITY SERVICES, RESIDENTIAL GATEWAYS AND TELOCITY EQUIPMENT ARE PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “"AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ," AND neither party MAKES ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE TELOCITY SERVICES, RESIDENTIAL GATEWAYS OR TELOCITY EQUIPMENT. Telocity SPECIFICALLY DISCLAIMS ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Telocity DOES NOT WARRANT THAT THE TELOCITY SERVICES, AS WELL AS ALL IMPLIED WARRANTIESRESIDENTIAL GATEWAYS OR TELOCITY EQUIPMENT SHALL MEET GE'S OR ITS USERS' REQUIREMENTS, INCLUDING ANY IMPLIED WARRANTIES ARISING THAT ERRORS IN TRANSMISSION WILL NOT OCCUR, THAT THE TELOCITY SERVICES, RESIDENTIAL GATEWAYS OR TELOCITY EQUIPMENT SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR ERRORS IN THE TELOCITY SERVICES, RESIDENTIAL GATEWAYS OR TELOCITY EQUIPMENT SHALL BE CORRECTED; PROVIDED THAT THE FOREGOING DISCLAIMERS SHALL NOT BE CONSTRUED TO EXCUSE TELOCITY FROM A COURSE THE PERFORMANCE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer. THE LIMITED WARRANTY SET FORTH IN THIS SECTION IS MADE FOR THE BENEFIT OF SUBSCRIBER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSECTION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIVERSITY PROVIDES ANY THE SCRATCHD2 SERVICE, SCRATCHD2 SYSTEM AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “DOCUMENTATION ARE PROVIDED "AS IS”," AND SCRATCHD2 MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT WARRANTIESLIMITATION, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SCRATCHD2 SERVICE, SCRATCHD2 SYSTEM OR DOCUMENTATION (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO SUBSCRIBER BY SCRATCHD2. SCRATCHD2 DOES NOT WARRANT THAT ALL IMPLIED WARRANTIESERRORS CAN BE CORRECTED, INCLUDING ANY OR THAT OPERATION OF THE SCRATCHD2 SERVICE AND SCRATCHD2 SYSTEM SHALL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE CONDITIONS OR USAGE OF TRADELIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED SO SOME OF THE POSSIBILITY OF SUCH DAMAGESABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNIVERSITY PROVIDES TRADINGMOTION DOES NOT MAKE ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”REPRESENTATIONS, WITHOUT WARRANTIES, WARRANTIES OR GUARANTEES, CERTIFICATIONSEXPRESSED OR IMPLIED WITH RESPECT TO THE PLATFORMOR ANY SOFTWARE USED IN CONNECTION WITH THE PLATFORMOR ITS CONTENT, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENTINCLUDING WITHOUT LIMITATION: (1i) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) THAT CUSTOMER OR BROKER WILL BE ABLE TO ACCESS OR USE THE PLATFORMAT TIMES OR LOCATIONS OF THEIR CHOOSING; (iii) THAT TRADINGMOTION WILL HAVE ADEQUATE CAPACITY FOR THE PLATFORMAS A WHOLE OR IN ANY GEORGRPAHIC LOCATION; OR (iv) THAT THE PLATFORMOR ANY SOFTWARE RELATED THERETO IS ERROR FREE OR VIRUS FREE OR WILL PROVIDE UNINTERRUPTED AND ERROR FREE SERVICE. TRADINGMOTION‟S GRANT OF THE RIGHT TO USE THE PLATFORMIS GRANTED “AS WELL IS” WITH ALL FAULTS. BROKER ACKNOWLEDGES IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY FROM TRADINGMOTION EXCEPT AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER EXPRESSLY STATED IN THIS AGREEMENT WILL NOT EXCEED AGREEMENT. TRADINGMOTION RESERVES THE AMOUNTS PAID BY SPONSOR RIGHT TO UNIVERSITY SUSPEND SERVICE AND DENY ACCESS TO THE PLATFORMWITHOUT PRIOR NOTICE DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE SCHEDULED OR LIABLE TO SPONSOR UNSCHEDULED SYSTEM MAINTENANCE OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESUPGRADING.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENTHEREIN, UNIVERSITY PROVIDES OPENSITE DOES NOT MAKE ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, REPRESENTATIONS OR REPRESENTATIONS WARRANTIES OF ANY KIND. NOTWITHSTANDING , EITHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE AUCTION SITE, THE SOFTWARE OR ANY OTHER PROVISION OF SERVICES PROVIDED BY OPENSITE UNDER THIS AGREEMENT: (1) UNIVERSITY . OPENSITE HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITYALL WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE REGARDING THE AUCTION SITE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING THE SOFTWARE AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY SERVICES PERFORMED BY OPENSITE UNDER THIS AGREEMENT WILL AGREEMENT. OPENSITE DOES NOT EXCEED MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE AMOUNTS PAID SUCCESS OF ANY AUCTION REQUESTED BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE CLIENT AND HOSTED BY OPENSITE; (12II) MONTH PERIOD DURING THE TERM ACCURACY OR COMPLETENESS OF THIS AGREEMENTTHE CLIENT CONTENT; (III) THE SECURITY OF THE AUCTION SITE; OR (IV) THE QUALITY OR CONTINUITY OF THIRD PARTY TELECOMMUNICATIONS OR INFORMATION SYSTEMS OR SERVICES. THE CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT THE INTERNET IS NOT CONTROLLED, OPERATED, OR OWNED BY A SINGLE ENTITY, AND (3) UNIVERSITY WILL AS A RESULT, OPENSITE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CLIENT CUSTOMER SHALL BE RESPONSIBLE OR LIABLE ABLE TO SPONSOR OR TO ACCESS THE AUCTION SITE AT ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPARTICULAR TIME.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED WARRANTED IN THIS AGREEMENTSECTION 9.1, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”TSRI MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING LICENSED PATENT RIGHTS, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONSLICENSED PRODUCTS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESNON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING ANY IMPLIED WARRANTIES TITLE, ACCURACY OR ARISING FROM A OUT OF COURSE OF DEALING CONDUCT OR PERFORMANCE TRADE CUSTOM OR USAGE USAGE, AND DISCLAIMS ALL SUCH EXPRESS, IMPLIED OR STATUTORY WARRANTIES. EXCEPT AS EXPRESSLY WARRANTED IN SECTION 9.1, TSRI MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY, SCOPE OR ENFORCEABILITY OF TRADEANY OF THE LICENSED PATENT RIGHTS, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR THAT ANY LICENSED PRODUCT OR LICENSED PATENT RIGHTS WILL NOT EXCEED THE AMOUNTS PAID INFRINGE ANY THIRD PARTY RIGHTS, OR THAT NO THIRD PARTY IS IN ANY WAY INFRINGING UPON OR MAY INFRINGE UPON ANY LICENSED PATENT RIGHTS OR LICENSED PRODUCTS COVERED BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT. FURTHER, TSRI HAS MADE NO INVESTIGATION AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE MAKES NO REPRESENTATION OR LIABLE TO SPONSOR WARRANTY THAT THE LICENSED PATENT RIGHTS OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR LICENSED PRODUCTS ARE SUITABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLICENSEE’S PURPOSES.

Disclaimer. EXCEPT THE SYSTEM AND ALL SERVICES RENDERED IN CONNECTION WITH IT ARE PROVIDED "AS EXPRESSLY IS." WELLPOINT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SYSTEM AND ALL SERVICES PROVIDED IN UNDER THIS AGREEMENT, UNIVERSITY PROVIDES INCLUDING WITHOUT LIMITATION, ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, WELLPOINT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM OR IN CONNECTION WITH (i) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING APPLICABLE) ACTIONS IN USING AND/OR PERFORMANCE OR USAGE OF TRADEOPERATING THE SYSTEM, (2ii) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) UNAUTHORIZED ACCESS TO THE SYSTEM, AND (iii) TRADING PARTNER'S (AND ITS CLIENT PROVIDERS', AS APPLICABLE) BREACH OF ANY MATERIAL OBLIGATION CONTAINED IN THIS AGREEMENT. WELLPOINT SHALL NOT BE LIABLE FOR ANY DAMAGES FOR EXPENSES RESULTING FROM ERRONEOUS OR FAILED TRANSMISSIONS OR LOST DATA, INCLUDING, BUT NOT LIMTIED TO, LOST PROFIT. EXCEPT FOR INDEMNIFICATION CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR SECTION 9.1 ABOVE, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 6.1 AND 6.2 OF THIS AGREEMENT, UNIVERSITY PROVIDES NO PARTY MAKES ANY REPRESENTATIONS AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT GRANTS NO WARRANTIES, GUARANTEESEXPRESS OR IMPLIED, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION EITHER CONFIDENTIAL TREATMENT REQUEST – EDITED COPY *** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN PORTIONS OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY EXHIBIT. CONFIDENTIAL PORTIONS OF THIS EXHIBIT ARE DESIGNATED BY [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. IN FACT OR BY OPERATION OF LAW. SPIL SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE DISTRIBUTION OR SALE OF THE PRODUCTS PURSUANT TO THIS AGREEMENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. RE-EXPORTER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS, AND THE RIGHTS CONFERRED THEREUNDER, ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY. SPIL SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS, WHETHER WRITTEN OR ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITYQUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE EXPRESS WARRANTIES IN SECTION 4.9 AND THIS AGREEMENTSECTION 8 ARE IN LIEU OF, UNIVERSITY PROVIDES ANY AND HET DISCLAIMS ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT OTHER WARRANTIES, GUARANTEESWHETHER EXPRESS, CERTIFICATIONSIMPLIED, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND SPECIFICALLY DISCLAIMS STATUTORY, REGARDING THE PRODUCTS, SERVICES, SOFTWARE OR THE USER DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIESSATISFACTORY QUALITY, INCLUDING ANY IMPLIED WARRANTIES TITLE, ACCURACY OF INFORMATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ARISING FROM A THE COURSE OF DEALING OR PERFORMANCE BETWEEN THE PARTIES OR USAGE OF TRADE. HS ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT. HET WILL NOT, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER ANY CIRCUMSTANCE, BE LIABLE TO HS, OR ANY END USER OR TRANSFEREE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF WHATEVER NATURE ARISING OUT OF THE FOREGOING WARRANTY, THIS AGREEMENT WILL NOT EXCEED OR RESULTING FROM THE AMOUNTS PAID DISTRIBUTION OF PRODUCTS BY SPONSOR TO UNIVERSITY DURING HS OR THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM USE BY ANY END USER OR ANY TRANSFEREE OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGSSUCH PRODUCTS, EVEN IF UNIVERSITY HET HAS BEEN ADVISED NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, UNIVERSITY PROVIDES ANY AND ALL SERVICES TO SPONSOR UNDER THIS AGREEMENT “AS IS”, WITHOUT WARRANTIES, GUARANTEES, CERTIFICATIONS, OR REPRESENTATIONS OF ANY KIND. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) UNIVERSITY EXPRESSLY AND THE SERVICES ARE PROVIDED “AS-IS”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KIND TO THE OTHER PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF WITH RESPECT TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING AND (4) PRODUCTBOARD’S LIABILITY UNDER ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR USAGE OF TRADE, (2) UNIVERSITY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY SPONSOR TO UNIVERSITY DURING THE IMMEDIATELY PRECEDING CONTIGUOUS TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT, AND (3) UNIVERSITY WILL NOT GUARANTY WHICH CANNOT BE RESPONSIBLE OR LIABLE TO SPONSOR OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SPONSOR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS, REVENUES, OR SAVINGS, EVEN IF UNIVERSITY HAS BEEN ADVISED LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE POSSIBILITY SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUCH DAMAGESSUPPLYING THE SERVICES AGAIN. PRODUCTBOARD EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF ITS CUSTOMER’S OR USERS’ USE OF THE SERVICES.