Common use of Disclaimer Clause in Contracts

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE6.1, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND VERTALO SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING RELATING TO THE VERTALO SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL OR WARRANTIES THAT MAY ARISE OUT OF ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE PERFORMANCE, USAGE OR USAGE TRADE PRACTICE . FOR THE AVOIDANCE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF DOUBT, VE RT A L O M A K E S N O W A RR A N T I E S O R REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT THIRD PARTY SERVICES. CUSTOMER IS CREATED BY RESPONSIBLE FOR TAKING PRECAUTIONS SYSTEMS IN CONNECTION WITH THE USE OF THE VERTALO SERVICES AND ANY THIRD PARTY SERVICES. 7. L IMITATION OF L IABILITY 7 . 1 . T O T H E EX T E N T ALL O W E D B Y APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY : (A) IN NO EVENT SHALL VERTALO BE LIABLE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, I N A D VE RT E N T D I S C L O S UR E OF D A TA , O R I N T E R R U P T I O N OF BUSINESS, OR FOR THE CUSTOMERS ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR OTHER THIRD PARTIESECONOMIC LOSS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT HEREOF, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS POSSIBILITY OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED DAMAGES, HOWEVER CAUSED, AND (B) NOTWITHSTANDING ANYTHING IN THIS SECTION 5LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT HEREOF, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESIF ANY, EXPRESS SHALL NOT EXCEED THE FEES PAYABLE DURING THE TWELVE ( 12 ) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM (OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSECLAIM ARISING BEFORE THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE AMOUNT PAID TO VERTALO FOR THE FIRST TWELVE ( 12 ) M O N T H P E R I O D ) . 7.2.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEARTICLE 7 (AND WITHOUT LIMITATION TO ARTICLE 3 HEREOF), NO REPRESENTATIONS DANISCO MAKES NO, AND THE LICENSED PARTIES DISCLAIM RELIANCE ON ANY, REPRESENTATION OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WARRANTY (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE LICENSED SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE SERVICES, ANY DYADIC MATERIALS, DYADIC KNOW-HOW, IMPROVEMENTSDANISCO IMPROVED STRAINS AND DANISCO KNOW-HOW LICENSED HEREUNDER OR USED IN PERFORMING SERVICES, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYOR ANY PHARMACEUTICAL PRODUCT PRODUCED USING ANY SUCH DYADIC MATERIALS, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED DYADIC KNOW-HOW, IMPROVEMENTSDANISCO IMPROVED STRAINS AND DANISCO KNOW-HOW, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYDANISCO SPECIFICALLY DISCLAIMS, INFORMATIONAND THE LICENSED PARTIES DISCLAIM RELIANCE ON, MATERIALS ANY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGTHE DYADIC PATENTS OR DANISCO PATENTS ARE VALID AND ENFORCEABLE, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY USE OF THE DYADIC MATERIALS, THE DANISCO IMPROVED STRAINS, DYADIC KNOW-HOW, OR FOR CUSTOMERS OR OTHER DANISCO KNOW-HOW TO PRODUCE PHARMACEUTICAL PRODUCTS DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINDANISCO SPECIFICALLY DISCLAIMS, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THE LICENSED PARTIES DISCLAIM RELIANCE ON, ANY REPRESENTATION OR WARRANTY THAT THE STRAINS LICENSED UNDER THIS AGREEMENT AND ANY DERIVATIVES OR OTHERWISEMODIFICATIONS (A) ARE ANYTHING OTHER THAN EXPERIMENTAL IN NATURE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION (B) HAVE CHARACTERISTICS THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ARE ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYKNOWN, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE(C) ARE SUITABLE FOR USE IN PRODUCING ANY PHARMACEUTICAL PRODUCT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEFOR THE ABOVE EXPRESS LIMITED WARRANTY, WINK MAKES AND TOSHIBA RECEIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWENGINE PRODUCT, IMPROVEMENTSEXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYIMPLIED, INFORMATION, MATERIALS AND SERVICES PROVIDED BY STATUTORY OR FOR LICENSOROTHERWISE, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY WINK SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE . 7 LIMITATION OF LIABILITY WINK'S LIABILITY ARISING OUT OF COURSE THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM TOSHIBA HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR COST OF DEALINGPROCUREMENT OF SUBSTITUTE GOODS, COURSE SERVICES OR TECHNOLOGY NOR SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF PERFORMANCE OR USAGE LIABILITY ARISING OUT OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISETHE TRANSACTIONS CONTEMPLATED HEREBY, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATIONEXCEPT THAT, WITH RESPECT TO CLAIMS BY WINK AGAINST TOSHIBA FOR BREACH OF THE ACCURACYSCOPE OF LICENSES GRANTED IN THIS AGREEMENT, RELEVANCY, COMPLETENESS, OR USEFULNESS WINK SHALL BE ENTITLE TO RECOVER LOST PROFITS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR DAMAGES AND NOTWITHSTANDING ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FAILURE OF ESSENTIAL PURPOSE OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADELIMITED REMEDY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS CONTENT AND SERVICES PROVIDED BY DOCUMENTS FROM OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES THROUGH THE SITE ARE PROVIDED ON AN “AS-IS,” “AS ISAVAILABLE,” BASIS. LICENSOR MAKES NO WITH “ALL FAULTS,” AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, TITLE ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND ACCURACYOUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE RESPONSIBILITY OR USAGE OF TRADELIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Disclaimer. EXCEPT AS EXPRESSLY THE DOCUMENTATION AND/OR SERVICES MAY INCORPORATE OR RELY ON DATA AND INFORMATION PROVIDED TO FOURTH OR THE SUBSCRIBER BY THIRD PARTIES, INCLUDING SUPPLIERS OF NUTRITIONAL AND ALLERGEN DATA AND INFORMATION TO THE SUBSCRIBER. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FOURTH IS NOT RESPONSIBLE FOR, HAS NO CONTROL OVER, AND IS UNDER NO DUTY TO VERIFY THE ACCURACY OF ANY SUCH DATA OR INFORMATION. THE SUBSCRIBER’S USE OF ALL SUCH DATA AND INFORMATION IS AT ITS OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOURTH SHALL HAVE NO LIABILITY FOR ANY SUCH USE.EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5 ABOVE7, EXCEPT AS PROVIDED IN SECTION 7 OF THIS AGREEMENT FOURTH MAKES NO REPRESENTATIONS REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND ARE GIVEN KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY LICENSOR WITH RESPECT OPERATION OF LAW), OR STATUTORY, AS TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASISANY MATTER WHATSOEVER. LICENSOR MAKES NO AND HEREBY FOURTH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE, AND ALL NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE USAGE, OR USAGE OF TRADETRADE PRACTICES. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE FOURTH DOES NOT WARRANT THAT THE ANY SERVICE OR DOCUMENTATION MAY CONTAIN INFORMATION IS ERROR-FREE OR VIRUS-FREE, OR THAT IS CREATED BY OPERATION OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY USE OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT SUBSCRIPTION SERVICE WILL BE SECURE OR OTHERWISE, LICENSOR DOES NOT GIVE UNINTERRUPTED. FOURTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT SUBSCRIBER’S USE OF ANY KIND SERVICE WILL SATISFY ANY STATUTORY, ORDINANCE, OR ASSUME REGULATORY OBLIGATIONS, OR GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY LEGAL LIABILITY APPLICABLE LAWS, ORDINANCES, OR RESPONSIBILITY REGULATIONS, INCLUDING WITHOUT LIMITATION LABOR WAGE LAWS. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOURTH IS NOT RESPONSIBLE FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS DELAYS, DELIVERY FAILURES OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF DAMAGES RESULTING FROM SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEPROBLEMS.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEAGREEMENT, NO NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES EXTENDS ANY WARRANTY OF ANY KIND ARE GIVEN BY LICENSOR KIND, EITHER EXPRESS OR IMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO THE LICENSED ANY PATENTS OR KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE PERFORMANCE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT NON-INFRINGEMENT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS ANY THIRD PARTY PATENT OR OTHER THIRD PARTIESINTELLECTUAL PROPERTY RIGHT. WITHOUT LIMITING THE GENERALITY OF FOREGOING, THE DISCLAIMER OF REPRESENTATIONS PARTIES AGREE THAT THE MILESTONE EVENTS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE NET SALES LEVELS SET FORTH IN THIS AGREEMENT OR OTHERWISETHAT HAVE OTHERWISE BEEN DISCUSSED BY THE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS AND ROYALTY OBLIGATIONS IF SUCH MILESTONE EVENTS OR NET SALES LEVELS ARE ACHIEVED. NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THAT IT WILL BE ABLE TO SUCCESSFULLY ADVANCE ANY IMPLIED WARRANTIES DEGRADER PRODUCT OR DEVELOP, ACHIEVE REGULATORY APPROVAL FOR, MANUFACTURE OR COMMERCIALIZE ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY PARTICULAR SALES LEVEL OR PROFIT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADESUCH LICENSED PRODUCT WILL BE ACHIEVED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORASSIGNEE ACKNOWLEDGES THAT ASSIGNOR HAS NOT MADE, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND ASSIGNOR HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESAND NEGATES, EXPRESS AND ASSIGNEE HEREBY EXPRESSLY WAIVES, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, INCLUDING AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE ASSETS; (b) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR; AND (c) THE ENVIRONMENTAL CONDITION OF THE ASSETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ASSIGNMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY WAIVES, AS TO PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES CONSTITUTING A PART OF THE ASSETS (i) ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF MERCHANTABILITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE (iii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, (iv) ANY RIGHTS OF PURCHASERS UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE PRICE, (v) ANY IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM DEFECTS, WHETHER KNOWN OR UNKNOWN, (vi) ANY AND ACCURACYALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW, AND ALL WARRANTIES THAT MAY ARISE OUT (vii) ANY IMPLIED OR EXPRESS WARRANTY REGARDING ENVIRONMENTAL LAWS, THE RELEASE OF COURSE MATERIALS INTO THE ENVIRONMENT, OR PROTECTION OF DEALINGTHE ENVIRONMENT OR HEALTH, COURSE IT BEING THE EXPRESS INTENTION OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE ASSIGNEE AND AGREE ASSIGNOR THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES INCLUDED IN THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINASSETS SHALL BE CONVEYED TO ASSIGNEE, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH ASSIGNEE SHALL ACCEPT SAME, AS IS, WHERE IS, WITH ALL FAULTS AND IN THIS AGREEMENT THEIR PRESENT CONDITION AND STATE OF REPAIR AND ASSIGNEE REPRESENTS TO ASSIGNOR THAT ASSIGNEE HAS MADE OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, CAUSED TO BE MADE SUCH INSPECTIONS WITH RESPECT TO SUCH PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES AS ASSIGNEE DEEMS APPROPRIATE. ASSIGNOR AND ASSIGNEE AGREE THAT, TO THE ACCURACYEXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, RELEVANCY, COMPLETENESS, OR USEFULNESS THE DISCLAIMERS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED CERTAIN WARRANTIES CONTAINED IN THIS SECTION 5ARE "CONSPICUOUS" DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS RULE OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEORDER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEAGREEMENT, NO REPRESENTATIONS PURCHASER ACKNOWLEDGES AND AGREES THAT THE ASSET SELLER HAS NOT MADE, AND THE ASSET SELLER DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, AGREEMENTS OR WARRANTIES GUARANTIES OF ANY KIND ARE GIVEN OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE ASSETS; (B) THE INCOME TO BE DERIVED FROM THE ASSETS OR THE BUSINESS; (C) THE COMPLIANCE BY LICENSOR THE ASSETS OR THE BUSINESS WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS; (D) THE MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ASSETS; (E) THE MANNER, QUALITY, STATE OF OR LACK OF REPAIR OF THE ASSETS; OR (F) ANY OTHER MATTER WITH RESPECT TO THE LICENSED KNOW-HOWASSETS OR THE BUSINESS. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT, IMPROVEMENTSHAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE ASSETS, DOCUMENTATION PURCHASER IS (EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT) RELYING SOLELY ON PURCHASER’S OWN INVESTIGATION OF THE ASSETS AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES NOT ON ANY INFORMATION PROVIDED BY THE ASSET SELLER OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ASSET SELLER’S SHAREHOLDERS. THE ASSETS ARE PROVIDED ON AN “BEING SOLD "AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXCEPT AS EXPRESSLY DISCLAIMS SET FORTH IN THIS AGREEMENT, AND, WITHOUT LIMITATION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE ARE HEREBY DISCLAIMED. IT IS UNDERSTOOD AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE AGREED THAT THE DOCUMENTATION MAY CONTAIN INFORMATION PURCHASE PRICE HAS BEEN DETERMINED BY NEGOTIATION TO REFLECT THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT ASSETS ARE SOLD SUBJECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATIONFOREGOING. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED PURCHASER'S ACKNOWLEDGMENTS CONTAINED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS SHALL SURVIVE THE CLOSING OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES THE TERMINATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHIS AGREEMENT AS APPLICABLE.

Disclaimer. EXCEPT THE LICENSOR IS IN THE BUSINESS OF FACILITATING A SERVICE BETWEEN CONTENT USERS SUCH AS EXPRESSLY THE LICENSEE AND CONTENT SUPPLIERS. ALL CONTENT DETAILS INCLUDING BUT NOT LIMITED TO CONTENT KEYWORDS, CATEGORIZATION, CONTENT DESCRIPTIONS, AND MODEL RELEASE INFORMATION ARE DIRECTLY PROVIDED BY THE RESPECTIVE SUPPLIER. THEREFORE THE LICENSOR DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF CONNECTION WITH ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES CONTENT. CONTENT IS PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “"AS IS” BASIS" WITHOUT REPRESENTATION AND “WITH ALL FAULTS”. THE LICENSOR DOES NOT WARRANT THAT THE CONTENT IS ERROR FREE OR THAT CONTENT USAGE IS UNINTERRUPTED. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE FOR LOSS, TITLE AND ACCURACYCOST, AND ALL WARRANTIES THAT MAY ARISE OUT EXPENSE, OR DAMAGE TO LICENSEE IN AN AMOUNT EXCEEDING THE FEES ACTUALLY PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT. LICENSOR HAS NO OBLIGATIONS LICENSOR HAS NOT EXPRESSLY ACCEPTED HEREIN. LICENSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF COURSE ANY KIND WHATSOEVER RESULTING FROM ANY BREACH OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISEOTHERWISE ARISING OUT OF OR RELATING TO, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS THIS AGREEMENT OR WARRANTIES OF ANY KIND THE SUPPORT, OR ASSUME ANY LEGAL LIABILITY THE SERVICES, OR RESPONSIBILITY FOR ITS NEGLIGENCE OR GROSS NEGLIGENCE, OR FOR ANY INFORMATION THAT IS CREATED CLAIM MADE AGAINST LICENSEE BY ANY OTHER PARTY EVEN IF LICENSOR HAS BEEN ADVISED OF THE CLAIM OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEPOTENTIAL CLAIM.

Disclaimer. THE LEASED PROPERTY IS LEASED (AND THE INVENTORY AND EQUIPMENT ARE TRANSFERRED), AND IF THE OPTION IS EXERCISED THE LEASED PROPERTY WILL BE TRANSFERRED, TO LESSEE ON AN "AS-IS, WHERE-IS" BASIS WITHOUT ANY IMPLIED OR EXPLICIT REPRESENTATIONS OR WARRANTIES EXCEPT AS EXPRESSLY EXPLICITLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS LEASE OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR THE RELATED AGREEMENTS. LESSEE HEREBY ACKNOWLEDGES THAT IT HAS INDEPENDENTLY EVALUATED AND CONDUCTED ENVIRONMENTAL DUE DILIGENCE SATISFACTORY TO LESSEE WITH RESPECT TO THE LICENSED KNOW-HOWASSETS AND HAS BEEN REPRESENTED BY, IMPROVEMENTSAND HAD THE ASSISTANCE OF, DOCUMENTATION COUNSEL IN THE CONDUCT OF SUCH DUE DILIGENCE, THE PREPARATION AND OTHER LICENSOR INTELLECTUAL PROPERTYNEGOTIATION OF THIS LEASE AND THE RELATED AGREEMENTS, AND THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY. FURTHER, LESSOR HAS MADE AVAILABLE TO LESSEE AND ITS REPRESENTATIVES CERTAIN INFORMATION, MATERIALS BOOKS, RECORDS, DOCUMENTS, REPORTS AND SERVICES ASSOCIATED DATA RELATING TO THE ASSETS. EXCEPT AS EXPLICITLY PROVIDED IN THIS LEASE OR THE RELATED AGREEMENTS, IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT NO REPRESENTATION OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTY, EXPRESS OR IMPLIED, INCLUDING HAS BEEN MADE BY LESSOR, ANY IMPLIED WARRANTIES AFFILIATE OF MERCHANTABILITYLESSOR OR ANY DIRECTOR, FITNESS FOR A PARTICULAR PURPOSEOFFICER, TITLE EMPLOYEE, AGENT, REPRESENTATIVE, INVESTMENT BANKER, COUNSEL, CONSULTANT OR ADVISOR OF LESSOR OR ANY AFFILIATE OF LESSOR REGARDING THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION, BOOKS, RECORDS, DOCUMENTS, REPORTS AND ACCURACYASSOCIATED DATA, AND THAT NEITHER LESSOR, ITS AFFILIATES NOR SUCH OTHER PERSONS WILL HAVE OR BE SUBJECT TO ANY LIABILITY TO LESSEE OR ANY OTHER PERSON RESULTING FROM THE DISTRIBUTION TO LESSEE OR LESSEE'S USE OF ANY SUCH INFORMATION, DOCUMENTS, STATEMENTS, REPORTS OR RECORDS. ALL WARRANTIES THAT MAY ARISE OUT STATEMENTS OF COURSE OF DEALINGFACT OR DISCLOSURES, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINIF ANY, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH MADE IN THIS AGREEMENT LEASE OR OTHERWISE, LICENSOR DOES THE RELATED AGREEMENTS OR IN CONNECTION WITH THIS LEASE OR THE RELATED AGREEMENTS ARE FOR INFORMATIONAL PURPOSES ONLY AND SUCH STATEMENTS DO NOT GIVE ANY CONSTITUTE WARRANTIES OR REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADENATURE.

Disclaimer. EXCEPT OTHER THAN THE LIMITED WARRANTY CONTAINED HEREIN, ALL PRODUCTS ARE PROVIDED BY LIGHTNING “AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, IS”. LIGHTNING MAKES NO ADDITIONAL REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESPRODUCTS, EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, AS TO ANY IMPLIED MATTER WHATSOEVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS ARE HEREBY EXPRESSLY EXCLUDED. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, TITLE SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY THE TOTAL LIABILITY OF LIGHTNING FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND ACCURACYPRODUCT LIABILITY), AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS ARISING OUT OF, CONNECTED WITH, OR WARRANTIES RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, OR USE OF ANY KIND ITEM OF THE PRODUCTS SHALL NOT EXCEED THE PRICE ALLOCABLE TO SUCH ITEM OF THE PRODUCTS THAT GIVES RISE TO THE CLAIM. IN NO EVENT SHALL LIGHTNING OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY ITS SUPPLIERS BE LIABLE FOR ANY INFORMATION THAT IS CREATED BY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR THE LOSS OF REVENUE, LOSS OF PROFITS, COST OF CAPITAL, CLAIMS OF CUSTOMERS OR OTHER THIRD PARTIESFAILURE OF SUPPLY, INCLUDINGAND COSTS AND EXPENSES INCURRED IN CONNECTION WITH ROADSIDE ASSISTANCE, WITHOUT LIMITATIONLABOR, WITH RESPECT TO THE ACCURACYOVERHEAD, RELEVANCYTRANSPORTATION, COMPLETENESSINSTALLATION, OR USEFULNESS REMOVAL OF SUCH INFORMATIONPRODUCTS OR SUBSTITUTE FACILITIES OR SUPPLY SOURCES. ALL LICENSEE IMPROVEMENTS SOME STATES DO NOT ALLOW THE EXCLUSION OR ANY MATERIALS LIMITATION OF INCIDENTAL OR INFORMATION MADE AVAILABLE CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASISYOU. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5Lightning eMotors 000 00xx Xxxxxx XX, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESXxxxx X000 Xxxxxxxx, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.XX 00000 USA xxxx@xxxxxxxxxxxxxxxx.xxx

Disclaimer. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS FOR THE EXPLICIT REPRESENTATIONS CONTAINED IN SECTION 6.13 ABOVE AND FOR ANY REPRESENTATION OR WARRANTY EXPRESSLY PROVIDED MADE BY NXP IN THIS SECTION 5 ABOVETHE SHARE EXCHANGE AGREEMENT, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THE ASSIGNMENTS AND TRANSFERS MADE AND LICENSES GRANTED HEREUNDER ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR , NEITHER NXP NOR DUTCH NEWCO MAKES NO ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, AND NXP AND DUTCH NEWCO EACH HEREBY EXPRESSLY DISCLAIMS DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTITLE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESNON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY FOREGOING, NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION THAT ANY MANUFACTURE, USE, IMPORTATION, OFFER FOR SALE OR SALE OF ANY PRODUCT OR SERVICE WILL BE FREE FROM INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY OR AS TO THE DISCLAIMER VALIDITY AND/OR SCOPE OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN ANY PATENT LICENSED BY SUCH PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT OR OTHERWISE, LICENSOR A WARRANTY OR REPRESENTATION THAT A PARTY WILL ENFORCE ANY PATENT AGAINST A THIRD PARTY OR THAT A PATENT WILL ISSUE OR ANY PATENT WILL BE PROSECUTED OR MAINTAINED. THIS SECTION 6.14 DOES NOT GIVE SUPERSEDE, MODIFY OR NEGATE ANY REPRESENTATIONS REPRESENTATION OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED WARRANTY EXPRESSLY MADE BY OR FOR NXP IN THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADESHARE EXCHANGE AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE MATERIALS IN THIS SECTION 5 ABOVETanglewood HOA, NO REPRESENTATIONS OR Inc. SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWKIND, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYthe HOA AND ITS CONTRACTORS, FITNESS FOR A PARTICULAR PURPOSEAGENTS, TITLE AND ACCURACYAFFILIATES, PARTNERS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGINTENDED THIRD PARTY BENEFICIARIES (COLLECTIVELY “HOA PARTIES”) , COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The HOA PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY HOA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, TITLE AND THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HOA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The HOA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY HOA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, AND RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL WARRANTIES THAT NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY ARISE OUT NOT ALLOW THE EXCLUSION OF COURSE OF DEALINGIMPLIED WARRANTIES, COURSE OF PERFORMANCE OR USAGE OF TRADESO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The HOA Parties explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any HOA site. The HOA Parties cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any HOA site or third party content on any HOA site. The HOA Parties do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the HOA Parties with respect to such sites and third party content. The HOA Parties strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Disclaimer. EXCEPT AS EXPRESSLY USE OF THE APPLICATIONS IS NOT, AND IS NOT INTENDED TO BE, A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AUTHORIZED PARTIES, INCLUDING DISPATCHERS, LAW ENFORCEMENT OFFICERS, INVESTIGATORS OR FIRST RESPONDERS. THE APPLICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE DATA PROVIDED BY MARK43 THEREIN (INCLUDING ANY THIRD-PARTY DATA) SHOULD NOT REPLACE OTHER EMERGENCY INFORMATION AND SHOULD NOT BE EXCLUSIVELY RELIED- UPON IN THIS SECTION 5 ABOVEAN EMERGENCY SCENARIO. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL ITS OWN ACTIONS OR FAILURE TO ACT IN CONNECTION WITH THE APPLICATIONS, INCLUDING WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWS, AND MARK43 ASSUMES NO RESPONSIBILITY OR RISK FOR SUBSCRIBER’S USE OR MISUSE OF, OR FAILURE TO USE, THE INFORMATION PROVIDED THROUGH THE APPLICATIONS. CUSTOMER ACKNOWLEDGES THAT THE APPLICATIONS DO NOT PROVIDE LEGAL ADVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARK43 MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATION. MARK43 DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR DAMAGED. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH THE PROVISION OF THE SERVICES. MARK43 SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL, INCLUDING ANY HARM OR DAMAGES CAUSED BY ITS CLOUD PROVIDERS. MARK43 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WHATSOEVER WITH RESPECT TO THE LICENSED KNOWANY THIRD- PARTY DATA, THIRD-HOWPARTY COMPONENT, IMPROVEMENTSINTEGRATED APPLICATION, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES BEHALF OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEINTEGRATED APPLICATION PROVIDER.

Disclaimer. EXCEPT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTIES WARRANTY OF ANY KIND ARE GIVEN BY LICENSOR KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION SOFTWARE AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDDOCUMENTATION, INCLUDING ANY ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE TITLE, QUIET POSSESSION AND ACCURACYNON- INFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE PERFORMANCE, USAGE, OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESTRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF FOREGOING, THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINLICENSOR PROVIDES NO CONDITION, WARRANTY, OR UNDERTAKING, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR ASSUME WORK WITH ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESSOFTWARE, INCLUDINGAPPLICATIONS, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSSYSTEMS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY MATERIALS ERRORS OR INFORMATION MADE AVAILABLE TO LICENSOR DEFECTS CAN OR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.CORRECTED.‌

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR SECTION 6.1 ARE MADE FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS BENEFIT OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASISCLIENT ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5AGREEMENT OR AN ORDER, LICENSEE THE USER GUIDE AND PRODUCT AND OR SERVICES ARE PROVIDED “AS IS,” AND POTENTIATE MAKES NO (AND HEREBY EXPRESSLY DISCLAIMS ALL ALL) OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THE RESULTS CLIENT MAY OBTAIN BY USING THE PRODUCT AND OR SERVICES. POTENTIATE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, TITLE OR THAT OPERATION OF THE PRODUCT AND ACCURACYOR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL CORRECT ALL DEFECTS OR PREVENT UNAUTHORIZED ACCESS. POTENTIATE DOES NOT WARRANT THAT THE PRODUCT AND OR SERVICES WILL BE COMPATIBLE WITH CLIENT’S COMPUTER SYSTEMS OR ANY INTERNET TECHNOLOGY. POTENTIATE DISCLAIMS ALL FAILURES, DELAYS AND ALL WARRANTIES THAT OTHER PROBLEMS INHERENT WITH THE INTERNET AND IS NOT RESPONSIBLE FOR ANY CLIENT DATA DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION ACROSS NETWORKS NOT OWNED OR CONTROLLED BY POTENTIATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY ARISE OUT OF COURSE OF DEALINGNOT APPLY TO CLIENT. IN NO EVENT SHALL POTENTIATE BE REQUIRED TO PROVIDE, COURSE OF PERFORMANCE OR USAGE OF TRADEBEAR ANY RESPONSIBILITY FOR, ANY TELECOMMUNICATIONS OR COMPUTER NETWORK HARDWARE REQUIRED BY CLIENT OR ANY AUTHORIZED USER TO ACCESS THE PRODUCT AND OR SERVICES FROM THE INTERNET.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SUBJECT TO THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMPROVEMENTSTHE SERVICES, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, ANY MATERIALS AND OR SERVICES FURNISHED OR PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES TO CUSTOMER UNDER THIS AGREEMENT (INCLUDING THE USE THEREOF) ARE PROVIDED ON AN “AS IS” BASISWITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. LICENSOR MAKES NO AND HEREBY EXPRESSLY IGLOO DISCLAIMS ALL OTHER WARRANTIESREPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING INCLUDING, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYUSE, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THOSE ARISING BY LAW, TITLE AND ACCURACYSTATUTE, AND ALL WARRANTIES USAGE OR TRADE, OR COURSE OF DEALING REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES, DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. IGLOO DOES NOT WARRANT THAT MAY ARISE THE SERVICES OR DOCUMENTATION WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. CUSTOMER AGREES THAT IGLOO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ACTION IGLOO TAKES TO REMOVE OR RESTRICT ACCESS TO ANY CUSTOMER DATA THAT VIOLATES ANY OF THE TERMS OF THIS AGREEMENT. EXCEPT FOR IGLOO’S OBLIGATIONS THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK ARISING OUT OF COURSE THE USE OR PERFORMANCE OF DEALING, COURSE OF PERFORMANCE THE IGLOO PLATFORM OR USAGE OF TRADEDOCUMENTATION REMAINS WITH CUSTOMER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE11.2, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ALL EVALUATION LICENSES AND SDK LICENSES) ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN OFFERED “AS IS” BASIS. LICENSOR MAKES AND "AS AVAILABLE" AND YOU RECEIVE NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTY OF ANY KIND, EXPRESS OR EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE. WE, OUR AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, NON-INFRINGEMENT; AND ALL WARRANTIES THAT MAY ARISE OUT OF ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE USAGE OR USAGE OF TRADETRADE PRACTICE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE WE DO NOT WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY USE OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OPERATION OF ANY OF THE DISCLAIMER PRODUCTS WILL BE SECURE, UNINTERRUPTED, FREE OF REPRESENTATIONS HARMFUL CODE OR ERROR FREE OR THAT THE PRODUCTS WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT, SOFTWARE, EQUIPMENT OR HARDWARE (EXCEPT IF AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT THE DOCUMENTATION), OR OTHERWISETHAT THE PRODUCTS WILL NOT CAUSE ANY LOSS OR CORRUPTION OF DATA, LICENSOR DOES NOT GIVE OR THAT THE PRODUCTS WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS. NO EMPLOYEE, AGENT, REPRESENTATIVE OR AFFILIATE OF SECUREAUTH HAS THE AUTHORITY TO BIND US TO ANY ORAL REPRESENTATIONS OR WARRANTY CONCERNING THE PRODUCTS. ANY WRITTEN REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS NOT EXPRESSLY PROVIDED CONTAINED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEAGREEMENT ARE UNENFORCEABLE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEYOU ACKNOWLEDGE AND ACCEPT THAT: (I) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, NO REPRESENTATIONS VIEWING, OR WARRANTIES ACCESS OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION WEBSITE AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS ITS CONTENT. THE WEBSITE AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ITS CONTENT ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. LICENSOR MAKES NO AND HEREBY (II) WE EXPRESSLY DISCLAIMS DISCLAIM ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON‐INFRINGEMENT, AND ALL OR WARRANTIES THAT MAY ARISE OUT OF ARISING FROM COURSE OF DEALINGPERFORMANCE, COURSE OF PERFORMANCE DEALING OR USAGE USAGE. (III) WE EXPRESSLY DISCLAIM ALL WARRANTIES (A) THAT THE WEBSITE AND ITS CONTENT WILL BE ERROR‐FREE OR VIRUS‐FREE; (B) THAT THE WEBSITE WILL BE UNINTERRUPTED AND SECURE; (C) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND (D) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS OR TRUTHFULNESS OF TRADEANY SUBMITTED INFORMATION. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE PARTIES HEREBY ACKNOWLEDGE DOWNLOAD OF ANY SUCH CONTENT . Liability and Limitations of Liability YOU UNDERSTAND AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION WEBSITE AND ITS CONTENT ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU UNDERSTAND AND AGREE THAT IS CREATED BY SOME LAWS, REGULATIONS, GUIDELINES AND OTHER MATTERS ADDRESSED IN THE WEBSITE AND ITS CONTENT ARE SUBJECT TO INTERPRETATION AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WAIVE ANY CLAIM AGAINST US, OFFICERS, AGENTS, AND EMPLOYEES FOR ANY LOSS, DAMAGE AND EXPENSE OR FOR CUSTOMERS CLAIM THEREOF RESULTING FROM YOUR USE OF THE WEBSITE AND ITS CONTENT. YOU AGREE THAT THE AVAILABILITY OF THE WEBSITE AND ITS CONTENT SHALL NOT BE CONSTRUED AS THE RENDERING OF ANY TAX, LEGAL, ATTEST, ACCOUNTING, AUDITING OR OTHER THIRD PARTIESPROFESSIONAL, SERVICES OR ADVICE. WITHOUT LIMITING THE GENERALITY YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE DISCLAIMER WEBSITE, THE CONTENT, OR ANY SUBMITTED INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINFINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE WEBSITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE US, OUR OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN THIS AGREEMENT AN ACTION IN CONTRACT, TORT, OR OTHERWISEBREACH OR FAILURE OF WARRANTY, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OF ANY KIND OR ASSUME NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE WEBSITE, THE CONTENT, ANY LEGAL SUBMITTED INFORMATION, AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEDAMAGES SHALL NOT EXCEED U.S. $10.

Disclaimer. EXCEPT AS EXPRESSLY THE SITE(S), INCLUDING ANY AND ALL MATERIAL, DATA, SERVICES, PRODUCTS, QUOTES, AND OTHER INFORMATION PROVIDED IN THIS SECTION 5 ABOVECONNECTION WITH THE SITE(S) (HEREINAFTER, NO REPRESENTATIONS OR “CONTENT”), ARE PROVIDED "AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT EITHER EXPRESS OR IMPLIED. TO THE LICENSED KNOW-HOWFULLEST EXTENT PERMISSIBLE BY LAW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY HSB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY AND COMPLETENESS OF INFORMATION, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE(S) AND CONTENT. HSB DOES NOT WARRANT THAT THE SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR SERVERS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE OR HARMFUL CODE OR COMPONENTS. WHILE HSB USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE SITE(S), ERRORS OR OMISSIONS SOMETIMES OCCUR. HSB DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, USABILITY, AND ALL WARRANTIES THAT MAY ARISE OUT RELIABILITY OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE SITE(S) AND CONTENT. THE PARTIES HEREBY ACKNOWLEDGE INFORMATION AND AGREE THAT DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. TO OBTAIN COVERAGE, YOU MUST SUBMIT AN APPLICATION TO US. ALL APPLICATIONS ARE SUBJECT TO UNDERWRITING APPROVAL. Limitation of liability IN NO EVENT SHALL HSB, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING, MAINTAINING, OR CONTROLLING THE SITE(S), BE LIABLE TO YOU FOR CUSTOMERS ANY DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OR DESTRUCTION OF DATA, OR BUSINESS INTERRUPTION, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, OR ANY OTHER THIRD PARTIESLEGAL THEORY, EVEN IF HSB OR AN HSB AUTHORIZED REPRESENTATIVE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINFOREGOING, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES HSB WILL NOT GIVE ANY REPRESENTATIONS OR WARRANTIES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR USE OF OR ASSUME ANY LEGAL INABILITY TO USE THE SITE(S) OR CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR RESPONSIBILITY CONSEQUENTIAL DAMAGES; IF SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL HSB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE(S). HSB ALSO ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS DAMAGES OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES KIND WHATSOEVER THAT MAY ARISE OUT FROM VIRUSES. WORMS, TORJAN HORSES, OR OTHER DESTRUCTIVE OR HARMFUL CODE THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF COURSE YOUR ACCESS TO OR USE OF DEALINGTHE SITE(S) OR YOUR DOWNLOADING OF ANY CONTENT. 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Restrictions on use; ownership The Site(s) and Content are owned, and will at all times be owned, by HSB, its suppliers, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You do not acquire, by virtue of your use of the Site(s) and/or Content, any rights, title, or interest in or to the Site(s) and Content, including any intellectual property rights therein. All rights not expressly granted are reserved by HSB. Except as otherwise expressly permitted by HSB, the Site(s) and Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, in whole or in part. You may not distribute, modify, transmit, reuse, repost, republish, resell or use the Content, in whole or in part, for public or commercial use, without HSB’s written permission. Where designated, HSB may permit you to download certain Content for your use only, provided that you also retain all copyright and other proprietary notices contained therein. HSB neither warrants nor represents that your use of materials displayed on the Site(s) will not infringe rights of third parties not owned by or affiliated with HSB. In connection with your use of the Site(s), you agree to comply with all applicable laws, rules and regulations. You further agree not to, nor permit any third party to, do any of the following:

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS CONTENT AND SERVICES DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED BY OR FOR LICENSOR“AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, TITLE ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND ACCURACYOUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE RESPONSIBILITY OR USAGE OF TRADELIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5 ABOVE(A), GRIT SEED MAKES NO REPRESENTATIONS ADDITIONAL REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND ARE GIVEN WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY LICENSOR WITH RESPECT OPERATION OF LAW), OR STATUTORY, AS TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASISANY MATTER WHATSOEVER. LICENSOR MAKES NO AND HEREBY GRIT SEED EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUALITY, ACCURACY, TITLE, AND ALL WARRANTIES NON-INFRINGEMENT. GRIT SEED DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE GRIT SEED SERVICES. GRIT SEED DOES NOT WARRANT THAT MAY ARISE THE GRIT SEED SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE GRIT SEED SERVICES WILL BE SECURE OR UNINTERRUPTED. GRIT SEED DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE GRIT SEED SERVICES IS ACCURATE OR COMPLETE OR THAT ANY INFORMATION PROVIDED THROUGH THE GRIT SEED SERVICES WILL ALWAYS BE AVAILABLE. THE PROVISION OF THE GRIT SEED SERVICES BY GRIT SEED IN NO WAY CONSTITUTES MEDICAL ADVICE. GRIT SEED EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF COURSE OR BASED UPON THE RESULTS OF DEALING, COURSE SUBSCRIBER’S USE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT ACCESS TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEGRIT SEED SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, NO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE, THE APPLICATION SERVICES AND LICENSED TECHNOLOGY AND ANY OTHER MATERIALS, SOFTWARE, CONTENT, DATA AND/OR SERVICES PROVIDED BY NSI ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND SUBSCRIBER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE PERFORMANCE, USE AND RESULTS THEREOF. NSI EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS OR AND WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWOR NATURE, IMPROVEMENTSWHETHER EXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY IMPLIED OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTITLE, AND ALL WARRANTIES THAT MAY ARISE OUT QUALITY OR NON-INFRINGEMENT. NO WARRANTY IS MADE BY NSI ON THE BASIS OF COURSE OF DEALINGTRADE USAGE, COURSE OF PERFORMANCE DEALING OR USAGE COURSE OF TRADEPERFORMANCE. NO EMPLOYEE OR CONTRACTOR OF NSI (INCLUDING ANY SALESPERSON OR INSTALLER) IS AUTHORIZED TO CREATE ANY WARRANTY OR PROMISE, OR MODIFY ANY PROVISION OF THIS AGREEMENT. NSI DOES NOT WARRANT THE VALUE, ACCURACY OR SECURITY OF ANY DATA. NSI DOES NOT WARRANT THAT THE HARDWARE, DATA SERVICES (OR ANY OTHER HARDWARE, SOFTWARE, INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT) WILL MEET SUBSCRIBER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. SUBSCRIBER ACKNOWLEDGES THAT NSI’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF SUBSCRIBER ONLY. THE PARTIES HEREBY ACKNOWLEDGE SOLE OBLIGATION AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY LIABILITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINNSI, AND NOTWITHSTANDING ANYTHING ELSE THE SOLE AND EXCLUSIVE REMEDY OF SUBSCRIBER FOR ANY BREACH OF WARRANTY SHALL BE REPAIR OR REPLACEMENT OF HARDWARE HAVING A DEFECT AS SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE3.

Disclaimer. EXCEPT THE PLATFORM IS PROVIDED ON AN "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEIS", NO REPRESENTATIONS "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DEALMTRX, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND ARE GIVEN BY LICENSOR WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS RELATED TO: (1) THE PLATFORM; (2) ANY INFORMATION OR USER CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH RESPECT THE TRANSMISSION OF INFORMATION TO DEALMTRX, OR VIA THE LICENSED KNOW-HOWPLATFORM. IN ADDITION, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE FREEDOM FROM COMPUTER VIRUS. DEALMTRX DOES NOT REPRESENT OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESFREE FROM ANY HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DEALMTRX DOES NOT GIVE MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. DEALMTRX DOES NOT WARRANT THAT USER’S USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DEALMTRX SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. DEALMTRX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY KIND THIRD PARTIES IN CONNECTION WITH OR ASSUME RELATED TO USER’S USE OF THE DEALMTRX PLATFORM AND/OR ANY LEGAL LIABILITY OR RESPONSIBILITY FOR SERVICES. DEALMTRX DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, SOFTWARE AND INFORMATION THAT IS CREATED ON THE PLATFORM. TO THE EXTENT PERMITTED BY OR FOR THE CUSTOMERS OR OTHER APPLICABLE LAW, DEALMTRX MAKES NO WARRANTIES REGARDING THIRD PARTIES, PARTY WEBSITE AND INFORMATION INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE MERCHANTABILITY AND ACCURACY, NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE OUT WILL NOT BE LIABLE FOR USER’S USE OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADERELIANCE ON SUCH THIRD PARTY WEBSITE.

Disclaimer. LICENSEE UNDERSTANDS AND ACKNOWLEDGES THAT THE TIME FRAME FOR NOTIFICATION ASSOCIATED WITH RECORDING INFORMATION (DISMISSALS, DISCHARGES. ETC.) MAY VARY DEPENDING UPON THE RECORDING DATES AVAILABLE FOR COLLECTION. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE STATED IN THIS SECTION 5 ABOVESECTION, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES SERVICE IS PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, TITLE AND ACCURACY, AND ALL WARRANTIES THAT THIS DISCLAIMER MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE NOT APPLY. TELETRACK DO NOT REPRESENT OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT SERVICE IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINVALID, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISECOMPLETE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESFREE FROM ERROR, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSWILL MEET LICENSEE’S NEEDS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR THAT THE SERVICE WILL BE PROVIDED ON AN “AS IS” BASISUNINTERRUPTED BASIS AND THE TELETRACK EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTHE TELETRACK DO NOT ASSUME, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGEXPRESSLY DISCLAIM, COURSE OF PERFORMANCE ANY LIABILITY TO ANY PERSON OR USAGE OF TRADEENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS IN THE SERVICE. WHETHER SUCH ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORASSIGNEE ACKNOWLEDGES THAT ASSIGNOR HAS NOT MADE, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND ASSIGNOR HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY EXPRESSLY WAIVES, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, INCLUDING AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUCTION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE ASSETS; (b) THE ACCURACY, COMPLETENESS, MATERIALITY OR OTHER CHARACTERISTIC OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR OR OTHERWISE OBTAINED BY ASSIGNEE FROM ASSIGNOR; AND (c) THE ENVIRONMENTAL CONDITION OF THE ASSETS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ASSIGNMENT, ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES, AND ASSIGNEE HEREBY WAIVES, AS TO ALL PERSONAL PROPERTY, EQUIPMENT, INVENTORY, MACHINERY AND FIXTURES CONSTITUTING A PART OF THE ASSETS (i) ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF MERCHANTABILITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.AND

Disclaimer. EXCEPT TO THE FULLEST EXTENT PERMITTED BY LAW, THE SALVAGESALE MARKETPLACE PROVIDED BY OR THROUGH RB GROUP IS PROVIDED ON AN "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWKIND, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PIECE OF EQUIPMENT IS SOLD "AS IS, TITLE WHERE IS," AND ACCURACYNEITHER SELLER NOR RB GROUP MAKES ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SELLER NOR RB GROUP MAKES ANY WARRANTY THAT THE EQUIPMENT WILL PROPERLY FUNCTION OR OPERATE WHEN DELIVERED TO YOU NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER DELIVERY. RB GROUP EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE SALVAGESALE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE SALVAGESALE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SALVAGESALE MARKETPLACE. NEITHER RB GROUP, THE LOCATION WHERE THE EQUIPMENT IS STORED NOR THE SELLER SHALL PROVIDE ANY CUSTOMS, EXPORT, ANY DOCUMENTATION OTHER THAN AS NOTED IN THE LISTING, OR IMPORT ASSISTANCE TO THE BUYER. RB GROUP, THE SELLER AND ANY LOCATION WHERE THE EQUIPMENT IS STORED EXPRESSLY DISCLAIM THE APPROPRIATENESS OF THIS ITEM TO BE EXPORTED FROM, OR IMPORTED TO, ANY COUNTRY. SHIPPING, LOGISTICS, TRANSPORTATION, LOADING, CUSTOMS, EXPORT AND IMPORT ACTIVITES, AND ALL WARRANTIES THAT MAY ARISE OUT ASSOCIATED COSTS ARE THE SOLE RESPONSIBILITY OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE BUYER.

Disclaimer. EXCEPT AS EXPRESSLY PRODUCTS NOT MANUFACTURED BY INNOWI AND PROVIDED IN THIS SECTION 5 ABOVEBY THIRD-PARTIES, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT EVEN THOUGH MADE AVAILABLE TO THE LICENSED KNOWBUYER BY INNOWI, ARE NOT COVERED BY THIS LIMITED WARRANTY POLICY. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, INNOWI AND ITS THIRD-HOW, IMPROVEMENTS, DOCUMENTATION PARTY PROVIDERS HEREBY DISCLAIM ANY AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS ALL EXPRESS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASISIMPLIED WARRANTIES WITH REGARDS TO THE SERVICES. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THIS INCLUDES BUT IS NOT LIMITED TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS RELIABILITY, AVAILABIL- ITY, SUITABILITY, ACCURACY, COMPLETENESS, FIT- NESS FOR A PARTICULAR PURPOSE, TITLE OR THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ER- ROR FREE, OR THAT THE SERVICE IS SECURE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE DOES NOT INFRINGE THE RIGHTS OF ANY PERSON, OR THAT THE QUALITY OF SERVICES WILL MEET YOUR REQUIREMENTS. INNOWI DOES NOT WARRANT OR GUARNATEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DIS- COVERED, REPORTED, OR REMEDIED OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD-PARTIES OR THAT HARDWARE OR SOFT- WARE, WILL BE COMPATIBLE WITH FUTURE PROD- UCTS OR SOFTWARE VERSIONS OR INTEROPERATE WITH THIRD PARTY HARDWARE OR SOFTWARE. USE OF THE SERVICE IS AT YOUR OWN RISK AND ACCURACYTO THE MAXIMUM EXTENT PERMITTED BY APPLI- CABLE LAW, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE SERVICE IS PROVIDED “AS IS”. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE REMEDY SET FORTH IN THIS AGREEMENT HARDWARE WAR- RANTY SECTION ABOVE IS BUYER’S EXCLUSIVE REMEDY FOR WARRANTY CLAIMS AND IS EX- PRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO BUYER AT LAW OR OTHERWISEIN EQ- UITY. IN NO EVENT SHALL INNOWI OR ITS AFFILI- ATES, LICENSOR DOES NOT GIVE RESPECTIVE DIRECTORS, OFFICERS, EM- PLOYEES, AGENTS OR SUBCONTRACTORS, BE LIA- BLE UNDER ANY REPRESENTATIONS OR WARRANTIES THEORY OF ANY KIND OR ASSUME ANY LEGAL TORT, CONTRACT, STRICT LIABILITY OR RESPONSIBILITY OTHER LEGAL THEORY FOR ANY INFORMATION THAT IS CREATED BY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADECONSEQUENTIAL DAMAGES WHATSOEVER.

Disclaimer. EXCEPT AS TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOOLIO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED AND STATUTORY WARRANTIES) OTHER THAN THOSE EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED8.1, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON-INFRINGEMENT. FURTHER, TOOLIO AND ITS SUPPLIERS DO NOT WARRANT THAT ANY PRODUCTS AND/OR SERVICES SHALL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ARE ERROR FREE. TOOLIO DOES NOT PROVIDE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THEREOF. ANY ESTIMATE REGARDING SCOPE, TIME OF COMPLETION, COSTS, OR OTHER MATTERS WHICH MAY BE PROVIDED BY TOOLIO ORALLY OR IN WRITING (WHETHER IN A SUPPLEMENTAL DOCUMENT OR OTHERWISE) ARE GIVEN USING COMMERCIALLY REASONABLE METHODS OF ESTIMATION AND ARE IN GOOD FAITH, BUT SHALL NOT BE CONSTRUED AS A WARRANTY OR GUARANTEE OF ANY TYPE. TOOLIO DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY DATA (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE CUSTOMER DATA) AND/OR USAGE OF TRADEINPUT OR REPRESENTATIONS BY THIRD PARTY SUPPLIERS.

Disclaimer. EXCEPT THE PROGRAM IS PROVIDED "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR IS" AND WITHOUT WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT EITHER EXPRESSED OR IMPLIED. TO THE LICENSED KNOW-HOWFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY XXXXXXX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXXXX DOES NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, TITLE THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THE PROGRAM IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU (AND NOT XXXXXXX) ASSUME THE ENTIRE COST OF ALL WARRANTIES THAT MAY ARISE OUT NECESSARY SERVICING, REPAIR OR CORRECTION OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE YOUR MEMBERSHIP AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY YOUR SOLE REMEDY AGAINST XXXXXXX FOR ANY INFORMATION THAT PROBLEMS WITH THE PROGRAM IS CREATED BY OR FOR TO DISCONTINUE YOUR MEMBERSHIP. THE CUSTOMERS OR OTHER THIRD PARTIESABOVE EXCLUSION MAY NOT APPLY TO YOU, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL CERTAIN IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEAGREEMENT, NO NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES EXTENDS ANY WARRANTY OF ANY KIND ARE GIVEN BY LICENSOR KIND, EITHER EXPRESS OR IMPLIED (AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY PROVIDED IN THIS AGREEMENT), INCLUDING WITH RESPECT TO THE LICENSED ANY PATENTS OR KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND ACCURACYPERFORMANCE, AND ALL WARRANTIES THAT MAY ARISE OUT NON-INFRINGEMENT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS ANY THIRD PARTY PATENT OR OTHER THIRD PARTIESINTELLECTUAL PROPERTY RIGHT. WITHOUT LIMITING THE GENERALITY OF FOREGOING, THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINPARTIES AGREE THAT THE MILESTONE EVENTS, SALES MILESTONE EVENTS, AND NOTWITHSTANDING ANYTHING ELSE NET SALES LEVELS SET FORTH IN THIS AGREEMENT OR OTHERWISETHAT HAVE OTHERWISE BEEN DISCUSSED BY THE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESSALES MILESTONE PAYMENTS, INCLUDINGAND ROYALTY OBLIGATIONS IF SUCH MILESTONE EVENTS, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSSALES MILESTONE EVENTS, OR USEFULNESS OF SUCH INFORMATIONNET SALES LEVELS ARE ACHIEVED. ALL LICENSEE IMPROVEMENTS NEITHER PARTY MAKES ANY REPRESENTATION OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5WARRANTY, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THAT IT WILL BE ABLE TO SUCCESSFULLY DEVELOP, MANUFACTURE, OR COMMERCIALIZE ANY IMPLIED WARRANTIES LICENSED COMPOUND OR LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY PARTICULAR SALES LEVEL OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADESUCH LICENSED PRODUCT WILL BE ACHIEVED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS CONTENT AND SERVICES DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED BY OR FOR LICENSOR"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, TITLE ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND ACCURACYOUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 15. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE RESPONSIBILITY OR USAGE OF TRADELIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SPECIFICALLY SET FORTH IN THIS SECTION 5 8.1 ABOVE, KORNIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE LICENSED KNOW-HOWPRODUCTS, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY SOFTWARE AND/OR FOR LICENSORSERVICES, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESANY SUCH WARRANTIES INCLUDING WITHOUT LIMITATION ANY EXPRESS, EXPRESS STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE PURCHASER UNDERSTAND AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED ALL WARRANTIES IMPLIED BY APPLICABLE LAWS ARE EXCLUDED FROM THIS SALE AND LICENSE. PURCHASER ASSUME ALL RISKS, IF ANY, INCLUDING RISKS OF INJURY, LOSS OR FOR CUSTOMERS DAMAGE, WHETHER DIRECT, CONSEQUENTIAL, OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY INDIRECT, ARISING OUT OF THE DISCLAIMER USE, MISUSE, OR INABILITY TO USE THE PRODUCTS AND/OR SOFTWARE. KORNIT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION LOSS OF REPRESENTATIONS PROFIT, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF USE) RELATING TO OR ARISING HEREUNDER, HOWEVER CAUSED, AND WARRANTIES SET FORTH WHETHER BASED ON CONTRACT, TORT, EQUITY OR ANY OTHER THEORY OF LIABILITY WHATSOEVER, EVEN IF XXXXXX WAS NOTIFIED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE REMEDIES PROVIDED HEREIN, IF ANY, ARE PURCHASER SOLE AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL EXCLUSIVE REMEDIES. XXXXXX'S MAXIMUM LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR DAMAGES HEREUNDER SHALL BE LIMITED TO THE CONSIDERATION PAID TO KORNIT FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT SPECIFIC PRODUCT(S) GIVING RISE TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATIONA CLAIM AGAINST KORNIT. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS9. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.MUTUAL INDEMNIFICATION

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 5 ABOVEAGREEMENT, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN CONNECTION WITH PURCHASER’S PURCHASE OF THE SHARES, PURCHASER IS TAKING THE REAL PROPERTY AND ALL OF THE COMPANY’S OTHER ASSETS “AS IS,” “WHERE IS” AND WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE, AND THAT SELLER IS MAKING NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR OR REPRESENTATIONS WITH RESPECT TO THE LICENSED KNOW-HOWHABITABILITY, IMPROVEMENTSMERCHANTABILITY OR FITNESS, DOCUMENTATION USAGE, SUFFICIENCY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE, OR ANY TITLE, CONDITION OR VALUE THEREOF EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS AGREEMENT. ANY SUCH OTHER LICENSOR INTELLECTUAL PROPERTYREPRESENTATIONS OR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED AND VOID. NO REPRESENTATIONS, INFORMATIONWARRANTIES, MATERIALS AND SERVICES PROVIDED OR INFORMATION MADE BY OR FOR LICENSORANY PERSONS, INCLUDING ANY REPRESENTATIVE OF SELLER, AND SUCH LICENSED KNOW-HOWANY HOTEL AND PROPERTY INFORMATION OR MATERIAL CONTAINED IN ANY INFORMATION MEMORANDUM, IMPROVEMENTSCIRCULAR, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYPACKAGE, INFORMATIONOR REQUESTS FOR EXPRESSIONS OF INTEREST, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWILL CAUSE OR CREATE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PROVISIONS OF THIS SECTION 11.7 HAVE BEEN NEGOTIATED BY THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESWARRANTIES, INCLUDINGWHETHER EXPRESS, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSIMPLIED, OR USEFULNESS OF SUCH INFORMATIONSTATUTORY. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT DISCLAIMERS IN THIS SECTION 5, LICENSEE MAKES NO 11.7 ARE “CONSPICUOUS DISCLAIMERS,” AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDANY COVENANTS IMPLIED BY LAW, INCLUDING ANY COVENANTS IMPLIED WARRANTIES BY THE USE OF MERCHANTABILITYTHE WORDS “SELL,” “GRANT,” “CONVEY,” “ASSIGN,” “TRANSFER,” AND “DELIVER” ARE EXPRESSLY DISCLAIMED, FITNESS FOR A PARTICULAR PURPOSE, TITLE WAIVED AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADENEGATED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE BANK’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND YOUR RIGHTS AND REMEDIES, SET FORTH IN THIS SECTION 5 ABOVESCHEDULE E TO THIS CMTS AGREEMENT ARE EXCLUSIVE. THE BANK AND ITS LICENSORS HEREBY DISCLAIM, NO REPRESENTATIONS OR AND YOU HEREBY WAIVE AND RELEASE THE BANK, ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS,WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWNATURE, IMPROVEMENTSOBLIGATIONS AND LIABILITIES, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, THE OFFICE DEPOSIT SERVICE, INFORMATION, ASSISTANCE, SOFTWARE PRODUCTS, OR OTHER MATTERS PROVIDED UNDER THIS SCHEDULE E TO THIS CMTS AGREEMENT, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, ,FITNESS FOR A PARTICULAR PURPOSESPECIFIC USE, TITLE AND ACCURACYPURPOSE OR APPLICATION, AND ALL WARRANTIES THAT MAY ARISE OUT OR OTHER IMPLIED CONTRACTUAL WARRANTY; (2) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (3) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (5) ANY OTHER WARRANTY WITH RESPECT TO QUALITY,ACCURACY OR FREEDOM FROM ERROR. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING NOTWITHSTANDING THE GENERALITY OF THE DISCLAIMER FOREGOING, NEITHER THE BANK NOR ITS LICENSORS WARRANT THAT OPERATION OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR PRODUCT WILL BE PROVIDED ON AN ERROR-FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED. Cash Management and Treasury Services Agreement (“AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.CMTSA”)

Disclaimer. EXCEPT THE LICENSED MATERIALS AND THE COMPONENTS THEREOF ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WACOM HEREBY EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO DISCLAIMS ANY AND ALL REPRESENTATIONS OR AND WARRANTIES OF ANY KIND KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WACOM DOES NOT REPRESENT OR WARRANT THAT THE LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS, THAT THE LICENSED MATERIALS ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM(S), OR THAT THE USE OF THE LICENSED MATERIALS OR THEIR OPERATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT(S), INCLUDING BUT NOT LIMITED TO, PATENTS, UTILITY MODELS, TRADEMARKS OR COPYRIGHTS, OR THAT DEFECTS IN THE LICENSED MATERIALS WILL BE CORRECTED. FURTHERMORE, WACOM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE USE BY LICENSEE OF THE LICENSED MATERIALS (INCLUDING THE RESULTS GENERATED BY SUCH USE), INCLUDING WITHOUT LIMITATION, THE CORRECTNESS, ACCURACY, QUALITY, CURRENTNESS, OR RELIABILITY OF THE LICENSED MATERIALS OR ANY CORRESPONDING RESULTS, OR THE APPROPRIATENESS OF THE LICENSED MATERIALS OR ANY CORRESPONDING RESULTS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. WACOM DOES NOT WARRANT THAT LICENSEE WILL BE ABLE TO DEVELOP OR MAKE A LICENSEE PRODUCT USING THE LICENSED MATERIALS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR WACOM OR ITS REPRESENTATIVES SHALL CREATE A REPRESENTATION OR WARRANTY ON THE PART OF WACOM WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEMATERIALS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY BANK DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE, BY OPERATION OF LAW, OR OTHERWISE, ARISING OUT OF, BY VIRTUE OF, RELATING TO, OR IN ANY WAY CONNECTED TO THE SERVICES OR THE AGREEMENT OR ANY DOCUMENTS REFERENCED HEREIN OR IN ANY OTHER MATERIAL, PRESENTATION, OR OTHER DOCUMENTS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON-INFRINGEMENT, AND ALL WARRANTIES LACK OF VIRUSES, FREE FROM ERROR OR THAT THE SERVICES WILL BE CONTINUOUSLY AVAILABLE DURING THE SERVICES’ STATED BUSINESS HOURS, NOR DO THEY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY ARISE OUT BE OBTAINED BY USE OF COURSE SUCH SERVICES OR THE ACCURACY OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEINFORMATIONAL CONTENT. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR BANK DOES NOT GIVE ASSUME RESPONSIBILITY FOR TIMELINESS OF, DELETION OF, MISROUTING OF OR FAILURE TO STORE ANY REPRESENTATIONS COMMUNICATIONS OR WARRANTIES DATA. THE BANK SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING FROM OR IN CONNECTION WITH ANY INACCURACY, ACT OR FAILURE TO ACT ON THE PART OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR PERSON NOT WITHIN THE CUSTOMERS OR OTHER THIRD PARTIESBANK’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE CUSTOMER, ANY FEDERAL RESERVE BANK OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVING PARTY OR RECEIVING BANK, AND NO SUCH PERSON OR ENTITY SHALL BE DEEMED THE BANK’S AGENT. THE CUSTOMER ACKNOWLEDGES THAT THE BANK HAS NOT ACTED AS THE CUSTOMER’S ADVISOR OR AS A FIDUCIARY WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, AGREEMENT OR USEFULNESS THE SERVICES. THE CUSTOMER ASSUMES THE ENTIRE RISK OF SUCH INFORMATIONLOSS AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE DOCUMENTATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE SERVICES ARE PROVIDED ON AN “AS IS” BASISAND WITH ALL FAULTS. EXCEPT AS THE CUSTOMER EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AGREES THAT THE USE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADESUCH SERVICE IS AT THE CUSTOMER’S SOLE RISK.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT ALL SOFTWARE IS BEING DELIVERED TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “YOU "AS IS” BASIS" AND WAZUH AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE. LICENSOR MAKES WAZUH AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. WAZUH AND ITS SUPPLIERS MAKE NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWARRANTED ELECTRONIC CONTENT, TITLE AND ACCURACYXXXXX DOES NOT WARRANT THAT ANY SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, AND ALL WARRANTIES ERROR-FREE, OR SECURE, OR WILL DETECT ONLY SECURITY THREATS OR MALICIOUS CODE OR THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN ANY INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY MATERIAL ACCESSIBLE OR PROVIDED THROUGH ANY SOFTWARE OR SERVICE IS ACCURATE, COMPLETE OR FREE OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINVIRUSES, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISEMALICIOUS CODE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS INTRUSIONS, SECURITY BREACHES OR OTHER THIRD PARTIESHARMFUL CONTENTS OR COMPONENTS. LICENSEE ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF SOFTWARE INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WITH RESPECT THE RISKS OF PROGRAM ERRORS, DAMAGE TO THE ACCURACYEQUIPMENT, RELEVANCY, COMPLETENESSLOSS OF DATA OR SOFTWARE PROGRAMS, OR USEFULNESS UNAVAILABILITY OR INTERRUPTION OF SUCH INFORMATIONOPERATIONS. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUMES ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADERISKS ASSOCIATED WITH ITS USE.

Disclaimer. EXCEPT THE PRODUCT IS PROVIDED “AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEIS” AND POSSIBLY WITH FAULTS. SHAPE DISCLAIMS ANY AND ALL WARRANTIES AND GUARANTEES, NO REPRESENTATIONS EXPRESS, IMPLIED OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR OTHERWISE, ARISING, WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PRODUCT PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDHEREUNDER, INCLUDING ANY IMPLIED WARRANTIES BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYANY WARRANTY OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. CUSTOMER WILL USE THE PRODUCT AT ITS OWN RISK. SHAPE WILL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT DAMAGES INCURRED IN USING THE PRODUCT. IN NO EVENT WILL SHAPE BE LIABLE FOR LOSS OF PROFITS, AND ALL WARRANTIES THAT MAY ARISE LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHAPE’S AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF COURSE OR RELATED TO THIS AGREEMENT EXCEED FIFTY THOUSAND UNITED STATES DOLLARS ($50,000.00 USD). THIS LIMITATION OF DEALINGLIABILITY IS CUMULATIVE, COURSE WITH ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF PERFORMANCE OR USAGE OF TRADETHE LIMIT. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY EXISTENCE OF TWO OR FOR CUSTOMERS MORE CLAIMS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN SUITS WILL NOT ENLARGE THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADELIMIT.

Disclaimer. EXCEPT AS EXPRESSLY WARRANTED IN SECTION 0, ALL SOFTWARE, DELIVERABLES, INFORMATION AND SERVICES PROVIDED IN THIS SECTION 5 ABOVEOR MADE AVAILABLE BY US TO YOU HEREUNDER (“Items”) ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER, NO REPRESENTATIONS OR AND WE EXCLUDE AND DISCLAIM ALL OTHER WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT WHATSOEVER RELATING TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDITEMS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ITEMS WILL BE ERROR-FREE, TITLE COMPLETELY SECURE, OR BE PROVIDED (OR BE AVAILABLE) WITHOUT INTERRUPTION. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION, OR THE APPROPRIATENESS OF THE SOFTWARE FOR ANY PARTICULAR SYSTEM. THE SOFTWARE AND ACCURACY, SERVICE ARE NOT FAULT-TOLERANT AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR USAGE OF TRADEOPERATION. THE PARTIES HEREBY ACKNOWLEDGE SOFTWARE AND AGREE THAT SERVICE ARE NOT FOR USE IN THE DOCUMENTATION OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINNOT APPLY TO YOU, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN BUT THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT SECTION SHALL BE ENFORCEABLE TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer. EXCEPT AS EXPRESSLY THE SERVICE IS PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED YOU ON AN A “AS IS” AND “AS AVAILABLE” BASIS. LICENSOR MAKES NO , AND HEREBY EXPRESSLY AQUARIUS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS OR THAT IT WILL BE PROVIDED ERROR FREE, WITHOUT INTERRUPTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AQUARIUS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO ACCURACY. NO THIRD PARTY, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, IT IS EXPRESSLY CLARIFIED THAT THE PRODUCTS, IN CONJUNCTION WITH SERVICES, IS A SUPPORTIVE TOOL WITH RESPECT TO THE ACCURACYDETECTION AND MANAGEMENT OF LEAKS IN WATER SYSTEMS, RELEVANCYAND SHOULD NOT BE RELIED UPON EXCLUSIVELY. THE MANNER BY WHICH ANY SPECIFIC LEAK SHOULD BE HANDLED AND/OR REPAIRED IS DEPENDENT ON NUMEROUS FACTORS WHICH ARE OUTSIDE OF THE SCOPE OF THE SYSTEM'S CAPACITY AND WHICH SHOULD BE SEPARATELY ADDRESSED AND CONSIDERED BY YOU, COMPLETENESSAT YOUR SOLE RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL AQUARIUS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS ITS SHAREHOLDERS OR ANY MATERIALS OTHER PARTY ON ITS BEHALF BE LIABLE FOR ANY DAMAGE, LOSS, COST AND/OR INFORMATION MADE AVAILABLE EXPENSE (INCLUDING PHYSICAL INJURIES) WHICH MAY BE CAUSED TO LICENSOR WILL BE PROVIDED YOU ANY ONE ACTING ON AN “YOUR BEHALF OR TO ANY THIRD PARTY IN CONNECTION WITH THE USE OF OR RELIANCE ON THE PRODUCTS OR SERVICES, AS IS” BASISTHE CASE MAY BE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE, EXPENSE OR LOSS CAUSED AS A RESULT OF WATER LEAKS OR BURSTS, DAMAGES TO PIPING SYSTEMS AND THE LIKE. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5ADDITION, LICENSEE AQUARIUS MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTY, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO FAULT-FREE OPERATION OF THE SYSTEM AND SHALL NOT BEAR ANY IMPLIED LIABILITY OR RESPONSIBILITY WHATSOEVER FOR DAMAGES OR LOSSES CAUSED BY OR ATTRIBUTABLE TO INACCURATE OR ERRONEOUS MEASUREMENTS, INCLUDING, WITHOUT LIMITATION, WHEN THIS RESULTS FROM AN ERROR OF THE SYSTEM. UNDER NO CIRCUMSTANCES WHATSOEVER WILL AQUARIUS BE LIABLE IN ANY WAY FOR ANY DAMAGE OR LIABILITY ARISING FROM (I) ANY CONTENT (WHETHER PROVIDED BY AQUARIUS OR UPLOADED BY YOU), INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT AND/OR THE SERVICE; (II) SYSTEM DEFECTS RESULTING FROM THE USE OF THIRD PARTY PRODUCTS OR SERVICES; (III) FAILURE OF COMMUNICATION BY A GSM PROVIDER, INTERNET PROVIDER OR ANY OTHER COMMUNICATIONS PROVIDER; AND/OR (IV) THE UNAUTHORIZED OR EXCESSIVE USE OF THE SYSTEM OR USE OF THE SYSTEM IN A MANNER INCONSISTENT WITH THESE TERMS OR THE AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, AQUARIUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITYANY KIND, FITNESS FOR A PARTICULAR PURPOSEEXPRESS OR IMPLIED, TITLE AND ACCURACY, AND ALL WARRANTIES THAT AS TO THE SECURITY OF ANY INFORMATION YOU MAY ARISE OUT OF PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF DEALING, COURSE YOUR USE OF PERFORMANCE OR USAGE OF TRADETHE SERVICES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, NO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HARDWARE, THE APPLICATION SERVICES AND LICENSED TECHNOLOGY AND ANY OTHER MATERIALS, SOFTWARE, CONTENT, DATA AND/OR SERVICES PROVIDED BY NSI ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND SUBSCRIBER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE PERFORMANCE, USE AND RESULTS THEREOF. NSI EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS OR AND WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWOR NATURE, IMPROVEMENTSWHETHER EXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY IMPLIED OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTITLE, AND ALL WARRANTIES THAT MAY ARISE OUT QUALITY OR NON-INFRINGEMENT. NO WARRANTY IS MADE BY NSI ON THE BASIS OF COURSE OF DEALINGTRADE USAGE, COURSE OF PERFORMANCE DEALING OR USAGE COURSE OF TRADEPERFORMANCE. NO EMPLOYEE OR CONTRACTOR OF NSI (INCLUDING ANY SALESPERSON OR INSTALLER) IS AUTHORIZED TO CREATE ANY WARRANTY OR PROMISE, OR MODIFY ANY PROVISION OF THIS AGREEMENT. NSI DOES NOT WARRANT THE VALUE, ACCURACY OR SECURITY OF ANY DATA. NSI DOES NOT WARRANT THAT THE HARDWARE, DATA SERVICES (OR ANY OTHER HARDWARE, SOFTWARE, INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED UNDER THIS AGREEMENT) WILL MEET SUBSCRIBER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. SUBSCRIBER ACKNOWLEDGES THAT NSI’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF SUBSCRIBER ONLY. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.SOLE OBLIGATION AND

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TTEC SERVICES AND DOCUMENTATION ARE DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER TTEC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THIS SECTION 5 ABOVETHE CREATION, PRODUCTION, DISTRIBUTION OR DELIVERY OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, 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 KIND ARE GIVEN BY LICENSOR 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 RESPECT TO ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET CLIENT’S REQUIREMENTS. THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND TTEC SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS ISAVAILABLE” BASIS. EXCEPT TTEC DOES NOT AND CANNOT CONTROL 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 EXPRESSLY PROVIDED NETWORK CARRIERS). AT TIMES, ACTIONS, OR IN THIS SECTION 5ACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CLIENT’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH TTEC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND TO AVOID SUCH EVENTS, LICENSEE MAKES NO TTEC CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, TTEC DISCLAIMS ANY AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS LIABILITY RESULTING FROM OR IMPLIEDRELATED TO SUCH EVENTS. CLIENT IS SOLELY RESPONSIBLE FOR THE CONNECTION TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE INTERNET CONNECTION.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS (a) SUBJECT TO SECTION 5 ABOVE6.02(A), MAYO HAS NOT MADE AND PRESENTLY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWNATURE, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY DIRECTLY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESINDIRECTLY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF REGARDING THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SUITABILITY, DURABILITY, CONDITION, QUALITY, OR ANY OTHER CHARACTERISTIC OF THE LICENSED PATENTS OR LICENSED KNOW-HOW. SUBJECT TO SECTION 6.02(A), ABARIS TAKES THE LICENSED PATENTS AND ACCURACY, LICENSED KNOW-HOW “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE DEFECTS,” AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY EXPRESSLY WAIVES ALL RIGHTS TO MAKE ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR FOR CUSTOMERS BREACH OF PROMISE, GUARANTEE, OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES WARRANTY OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT RELATING TO THE ACCURACY, RELEVANCY, COMPLETENESS, LICENSED PATENTS AND LICENSED KNOW-HOW. ABARIS IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE LICENSED PATENTS AND INFORMATION PROVIDED OR USEFULNESS OF LICENSED HEREUNDER HAVE APPLICABILITY OR UTILITY IN ABARIS’ MANUFACTURING AND DESIGN ACTIVITIES. ABARIS ASSUMES ALL RISKS AND LIABILITY IN CONNECTION WITH SUCH INFORMATIONDETERMINATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE ABARIS MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESREPRESENTATION, EXPRESS WARRANTY OR IMPLIEDGUARANTEE THAT ITS EFFORTS UNDER THIS CONTRACT WILL RESULT IN THE COMMERCIALIZATION OR SUCCESSFUL COMMERCIALIZATION OF THE LICENSED PATENTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE LICENSED KNOW-HOW OR USAGE OF TRADELICENSED PRODUCTS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION PLATFORM AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND THE BLUETOOTHKEY SERVICES ARE PROVIDED ON AN “"AS IS” ", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BLUETOOTHKEY, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY BLUETOOTHKEY SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BLUETOOTHKEY, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON- INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE FREEDOM FROM COMPUTER VIRUS. BLUETOOTHKEY DOES NOT REPRESENT OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESFREE FROM ANY HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR BLUETOOTHKEY DOES NOT GIVE MAKE ANY REPRESENTATIONS OR WARRANTIES OF THAT THE INFORMATION (INCLUDING ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT INSTRUCTIONS) ON THE PLATFORM IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESACCURATE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSCOMPLETE, OR USEFULNESS USEFUL. BLUETOOTHKEY DOES NOT WARRANT THAT YOUR USE OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR THE PLATFORM IS LAWFUL IN ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYJURISDICTION, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEBLUETOOTHKEY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

Disclaimer. EXCEPT WHILE SPINS ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE PRODUCT HUB ARE PROVIDED ON AN "AS-IS" AND "AS EXPRESSLY AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SPINS IS ALSO NOT RESPONSIBLE FOR ANY MERCHANT CONTENT PROVIDED IN THIS SECTION 5 ABOVEBY YOU THAT IS AVAILABLE THROUGH OR FROM THE PRODUCT HUB. MOREOVER, SPINS MAY MAKE MODIFICATIONS AND/OR CHANGES TO PRODUCT HUB, THE PRODUCT HUB OR TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, WEBSITE AND MATERIALS AVAILABLE THROUGH THE PRODUCT HUB AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE THROUGH THE PRODUCT HUB. SPINS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORSERVICES, PROGRAMS, AND SUCH LICENSED KNOW-HOWMATERIALS AVAILABLE THROUGH THE PRODUCT HUB FOR ANY PURPOSE, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. SPINS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE PRODUCT HUB WILL OPERATE ERROR FREE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE IN AN UNINTERRUPTED FASHION OR THAT THE DOCUMENTATION MAY CONTAIN ANY FILES OR INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR YOU DOWNLOAD FROM PRODUCT HUB WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS FREE OF VIRUSES OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE CONTAMINATION OR USAGE OF TRADEDESTRUCTIVE FEATURES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEa. THE AMAZON SITE AND THE SERVICES, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWINCLUDING ALL CONTENT, IMPROVEMENTSSOFTWARE, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATIONFUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE AMAZON SITE, THE SERVICES AND SELLER CENTRAL OR ANY ONLINE PORTAL OR TOOL PROVIDED BY AMAZON TO HELP YOU PARTICIPATE IN THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (1) ANY REPRESENTATIONS OR, WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDTHE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES THAT MAY ARISE ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE WE DO NOT WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY FUNCTIONS CONTAINED IN THE AMAZON SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR CUSTOMERS ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER THIRD PARTIESINTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. WITHOUT LIMITING SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE GENERALITY OF THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINMAY NOT APPLY TO YOU, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND KIND, WHETHER EXPRESS, IMPLIED OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING ANY IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTITLE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE NON- INFRINGEMENT OR USAGE OF TRADEQUIET ENJOYMENT.

Disclaimer. EXCEPT AS EXPRESSLY THE PLATFORM IS PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS.” BASIS. LICENSOR MAKES NO MHC, ITS SUPPLIERS AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYVENDORS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGITS OR THEIR RESPECTIVE EMPLOYEES, COURSE OF PERFORMANCE OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTNERS (COLLECTIVELY, “MHC PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN”), AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY LAW, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TITLE EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO MHC PARTY WARRANTS THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, TIMELY, 100% SECURE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HEALTH CARE PROVIDER ACKNOWLEDGES AND ACCURACYAGREES THAT TEMPORARY INTERRUPTIONS IN SERVICES MAY OCCUR, AND ALL MHC PARTIES SHALL NOT HAVE LIABILITY FOR ANY CLAIM, COST, CHARGE, LOSS OR EXPENSE ARISING FROM OR RELATING TO SUCH TEMPORARY INTERRUPTION. HEALTH CARE PROVIDER ACKNOWLEDGES AND AGREES THAT DATA MAY BE LOST OR CORRUPTED IN CONNECTION WITH USE OF THE PLATFORM. FURTHER, NO MHC PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTY PROVIDERS RELATING TO THE PLATFORM, INCLUDING THIRD PARTY TECHNOLOGY PROVIDERS OR TELEMEDICINE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTH CARE PROVIDER HEREBY WAIVES ANY CLAIM AGAINST EACH MHC PARTY RELATING TO SUCH THIRD PARTY SERVICES AND AGREES ANY SUCH CLAIM WILL, AS BETWEEN THE APPLICABLE MHC PARTY AND SUCH THIRD PARTY SERVICE PROVIDER, BE SOLELY AGAINST SUCH THIRD PARTY SERVICE PROVIDER. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, HEALTH CARE PROVIDER ACKNOWLEDGES AND AGREES (A) NO PART OF THE PLATFORM CONSTITUTES THE PROVISION OF MEDICAL ADVICE OR SERVICES IN ANY MANNER, AND (B) THE PLATFORM DOES NOT ENSURE HEALTH CARE PROVIDER’S COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. MHC DOES NOT ENDORSE THE TELEHEALTH PROVIDERS THAT MAY ARISE OUT SUBSCRIBE TO AND USE THE PLATFORM, CANNOT GUARANTEE THEIR CREDENTIALS, AND CANNOT GUARANTEE THE QUALITY OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE TELEMEDICINE SERVICES THEY PROVIDE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE WARRANTIES SPECIFICALLY STATED IN THIS SECTION 5 ABOVEARTICLE 6, NO REPRESENTATIONS LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE APPLICATION AND NUVENTIVE'S NETWORK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR WARRANTIES CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NUVENTIVE DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, DOCUMENTATION OR NUVENTIVE’S NETWORK IS ERROR FREE, THAT ALL ERRORS IDENTIFIED WILL BE CORRECTED OR THAT THE APPLICATION OR NUVENTIVE’S NETWORK WILL SUPPORT LICENSEE’S NEEDS. NUVENTIVE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE AVAILABILITY, CONNECTIVITY, SPEED OR UPTIME OF NUVENTIVE'S WEB SITE OR NETWORK, OR THE RESULTS OF THE APPLICATION, OR THAT THE APPLICATION WILL MEET LICENSEE’S EXPECTATIONS OR REQUIREMENTS. NUVENTIVE SPECIFICALLY DOES NOT WARRANT, GUARANTEE OR MAKE ANY KIND ARE GIVEN BY LICENSOR REPRESENTATION WITH RESPECT TO THE LICENSED KNOW-HOWQUALITY, IMPROVEMENTSCOMPATIBILITY OR CONTINUITY OF ANY THIRD PARTY TELECOMMUNICATION, DOCUMENTATION INFORMATION SYSTEMS OR INTERNET SERVICE PROVIDER'S CONNECTIVITY OR SYSTEMS, OR WITH RESPECT TO THE FUNCTIONALITY, OPERABILITY OR RELIABILITY OF NUVENTIVE'S OR ANY THIRD PARTY'S DATA SECURITY FEATURES OR SYSTEMS. NUVENTIVE DOES NOT GUARANTEE OR WARRANT THE SECURITY OF THE APPLICATION. LICENSEE IS SOLELY RESPONSIBLE FOR THE ACCURACY AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS USE OF LICENSEE’S DATA. NUVENTIVE SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY LINKS ADDED TO THE APPLICATION BY LICENSEE OR ITS USERS. USE OF THIRD PARTY LINKS ARE AT LICENSEE’S SOLE RISK AND SERVICES PROVIDED BY DISCRETION. NUVENTIVE GIVES NO WARRANTY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESCONDITION, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WHETHER BY STATUTE, COMMON LAW, USAGE OF MERCHANTABILITYTRADE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT CUSTOM OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, ANY WARRANTY OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES CONDITION OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, TITLE CONDITIONS AND ACCURACYREPRESENTATIONS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS LICENSE IS FOR COMMERCIAL USE ONLY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS AND/OR LIMITATIONS, AND ALL WARRANTIES THAT THE LIMITATION OF LIABILITY PROVISIONS OF SECTION 9 OF THIS AGREEMENT, MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADENOT APPLY TO LICENSEE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO NEITHER CIRM NOR FCDI MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR KIND, EITHER EXPRESSED OR IMPLIED, CONCERNING MATERIAL. ALL IMPLIED WARRANTIES WITH RESPECT TO MATERIAL INCLUDING, WITHOUT LIMITATION, THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTITLE, AND ALL WARRANTIES THAT OR NON- INFRINGEMENT, HEREBY ARE EXPRESSLY DISCLAIMED. IN ADDITION TO THE PROVISIONS OF THIS AGREEMENT, USE OF CERTAIN MATERIALS MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE BE SUBJECT TO CERTAIN RESTRICTIONS AND/OR USAGE OF TRADELICENSE REQUIREMENTS. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION THERE MAY CONTAIN INFORMATION THAT IS CREATED BY EXIST RESTRICTIONS OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH PROPRIETARY RIGHTS IN ADDITION TO THOSE CONTEMPLATED IN THIS AGREEMENT OF WHICH CIRM AND FCDI ARE UNAWARE; INSTITUTION IS RESPONSIBLE FOR COMPLIANCE WITH ALL CONDITIONS OF USE OF MATERIALS. IN NO EVENT SHALL CIRM OR OTHERWISEFCDI BE LIABLE TO INSTITUTION, LICENSOR DOES NOT GIVE PRINCIPAL INVESTIGATOR OR ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY OTHER PERSON FOR ANY INFORMATION THAT IS CREATED BY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR FOR THE CUSTOMERS PUNITIVE DAMAGES, OR OTHER THIRD PARTIESRELATED LOSS, CLAIM, OR ACTION, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL OR REPUTATION OR LOSS OF BUSINESS, HOWEVER CAUSED AND REGARDLESS OF FORM OF CLAIM OR ACTION HOWEVER CAUSED WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS POSSIBILITY OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS DAMAGES HAS BEEN DISCLOSED TO CIRM OR ANY MATERIALS FCDI IN ADVANCE OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS COULD HAVE BEEN REASONABLY FORESEEN BY CIRM OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEFCDI.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVETHE PRODUCTS, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWCONTENT, IMPROVEMENTSSERVICES, DOCUMENTATION FREE PRODUCT SAMPLES AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OFFERS FROM OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES LISTED THROUGH THE SITE ARE PROVIDED ON AN “"AS-IS," "AS IS” BASIS. LICENSOR MAKES NO AVAILABLE," AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE WITH RESPECT TO THIS SITE AND ACCURACYANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL WARRANTIES THAT MAY ARISE OUT OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF COURSE OF DEALING, COURSE OF PERFORMANCE ALL INFORMATION AVAILABLE ON THIS SITE OR USAGE OF TRADEANY WEBSITE WITH WHICH IT IS LINKED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVESECTIONS 11.1 AND 11.2, NO REPRESENTATIONS THE PROFESSIONAL SERVICES, THE DELIVERABLES, THE SUBSCRIPTION SERVICES AND THE SUPPORTED SOFTWARE ARE PROVIDED TO CUSTOMER “AS-IS” AND “AS AVAILABLE” AND CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ALL USE OF THE DELIVERABLES AND THE SUPPORTED SOFTWARE IS AT CUSTOMERS SOLE RISK. DOCKER, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT MAKE OR WARRANTIES GIVE ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWKIND, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IN CONNECTION WITH THE PROFESSIONAL SERVICES, DELIVERABLES, SUBSCRIPTION SERVICES OR SUPPORTED SOFTWARE PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCKER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY REPRESENTATION, TITLE AND ACCURACYWARRANTY, AND ALL WARRANTIES THAT MAY ARISE OUT OF OR COVENANT BASED ON COURSE OF DEALING, COURSE OF PERFORMANCE DEALING OR USAGE OF IN TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY NO ADVICE OR FOR CUSTOMERS INFORMATION, WHETHER ORAL OR OTHER THIRD PARTIESWRITTEN, OBTAINED FROM DOCKER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS FOREGOING, DOCKER, ITS SUBSIDIARIES AND WARRANTIES SET FORTH HEREINAFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR THE SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR (B) CUSTOMER’S USE OF THE SUPPORTED SOFTWARE OR SUBSCRIPTON SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING ANYTHING ELSE SET FORTH THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT DOCKER'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE SUPPORTED SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN THIS AGREEMENT OR OTHERWISEHAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACYOPERATION OF NUCLEAR FACILITIES, RELEVANCYAIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYAIR TRAFFIC CONTROL, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE LIFE SUPPORT OR USAGE OF TRADEWEAPONS SYSTEMS.

Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION 5 ABOVESECTIONS 10.1 AND 10.3 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO REPRESENTATIONS OR WARRANTIES OF ONBOARD EXPRESSLY DISCLAIMS ANY KIND ARE GIVEN BY LICENSOR AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO ONBOARD AND THE LICENSED KNOW-HOWSERVICES, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADENONINFRINGEMENT. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS NO REPRESENTATION OR OTHER THIRD PARTIESAFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF ONBOARD AND THE SERVICES, NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY ONBOARD. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER FOREGOING, PASSAGEWAYS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINONBOARD WILL BE UNINTERRUPTED OR ERROR-FREE OR BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL YOU AGREE THAT PASSAGEWAYS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEYOU RELATING THERETO.

Disclaimer. EXCEPT AS EXPRESSLY YOU AGREE THAT ALL BANK PROPERTY IS PROVIDED IN THIS SECTION 5 ABOVE, NO "AS-IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION KIND. WE AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES OUR SUPPLIERS MAKE NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES BY OPERATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT LAW OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE, IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE BANK PROPERTY. WE DO NOT WARRANT THAT THE BANK PROPERTY WILL MEET YOUR NEEDS OR WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACYTHIRD- PARTY COMPONENTS OF THE BANK PROPERTY. YOU HEREBY WAIVE AND FULLY RELEASE SILVERGATE BANK, RELEVANCYITS AFFILIATES AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS THAT IT MAY HAVE AGAINST SILVERGATE BANK, COMPLETENESSITS AFFILIATES AND SUPPLIERS ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE UNDER THIS SERVICE AGREEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY COMPUTER SYSTEM OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5LOSS OF DATA, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES THAT ARISE FROM YOUR USE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE BANK PROPERTY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES OBVIOUS ASSETS ARE PROVIDED ON AN “AS IS,” BASIS. LICENSOR MAKES “WHERE IS,” “WITH ALL FAULTS” AND WITH NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTY, EXPRESS OR IMPLIED, INCLUDING OF ANY KIND. OBVIOUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCYAVAILABILITY, COMPLETENESS, SECURITY, TITLE AND/ NON-INFRINGEMENT. SOME ASPECTS OF THE OBVIOUS ASSETS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT, OR USEFULNESS MAKE ANY CONDITION THAT THE OBVIOUS ASSETS ARE FREE OF SUCH INFORMATIONINACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OBVIOUS ASSETS, ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE OBVIOUS ASSETS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE PROVIDED ON AN “AS IS” BASISSOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE OBVIOUS ASSETS INCLUDING, BUT NOT LIMITED TO, FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. EXCEPT AS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY PROVIDED STATED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE USER AGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVETHE CONTENT, NO REPRESENTATIONS SERVICES, PRODUCT SAMPLES AND OFFERS FROM OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO LISTED THROUGH THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES SITE ARE PROVIDED ON AN “AS-IS,” “AS ISAVAILABLE,” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE WITH RESPECT TO THIS SITE AND ACCURACYANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL WARRANTIES THAT MAY ARISE OUT OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF COURSE OF DEALING, COURSE OF PERFORMANCE ALL INFORMATION AVAILABLE ON THIS SITE OR USAGE OF TRADEANY WEBSITE WITH WHICH IT IS LINKED.

Disclaimer. EXCEPT AS EXPRESSLY THE PLATFORM IS PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS.” BASIS. LICENSOR MAKES NO MHC, ITS SUPPLIERS AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYVENDORS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGITS OR THEIR RESPECTIVE EMPLOYEES, COURSE OF PERFORMANCE OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTNERS (COLLECTIVELY, “MHC PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN”), AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY LAW, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TITLE EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO MHC PARTY WARRANTS THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, TIMELY, 100% SECURE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HEARING AID PROVIDER ACKNOWLEDGES AND ACCURACYAGREES THAT TEMPORARY INTERRUPTIONS IN SERVICES MAY OCCUR, AND ALL MHC PARTIES SHALL NOT HAVE LIABILITY FOR ANY CLAIM, COST, CHARGE, LOSS OR EXPENSE ARISING FROM OR RELATING TO SUCH TEMPORARY INTERRUPTION. HEARING AID PROVIDER ACKNOWLEDGES AND AGREES THAT DATA MAY BE LOST OR CORRUPTED IN CONNECTION WITH USE OF THE PLATFORM. FURTHER, NO MHC PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTY PROVIDERS RELATING TO THE PLATFORM, INCLUDING THIRD PARTY TECHNOLOGY PROVIDERS OR TELEMEDICINE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEARING AID PROVIDER XXXXXX XXXXXX ANY CLAIM AGAINST EACH MHC PARTY RELATING TO SUCH THIRD PARTY SERVICES AND AGREES ANY SUCH CLAIM WILL, AS BETWEEN THE APPLICABLE MHC PARTY AND SUCH THIRD PARTY SERVICE PROVIDER, BE SOLELY AGAINST SUCH THIRD PARTY SERVICE PROVIDER. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, HEARING AID PROVIDER ACKNOWLEDGES AND AGREES (A) NO PART OF THE PLATFORM CONSTITUTES THE PROVISION OF MEDICAL ADVICE OR SERVICES IN ANY MANNER, AND (B) THE PLATFORM DOES NOT ENSURE HEARING AID PROVIDER’S COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. MHC DOES NOT ENDORSE THE TELEHEALTH PROVIDERS THAT MAY ARISE OUT SUBSCRIBE TO AND USE THE PLATFORM, CANNOT GUARANTEE THEIR CREDENTIALS, AND CANNOT GUARANTEE THE QUALITY OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE TELEMEDICINE SERVICES THEY PROVIDE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ON PRIORITY ONE’S SITES ARE PROVIDED ON AN “AS IS” BASISAND “AS AVAILABLE”. LICENSOR PRIORITY ONE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PRIORITY ONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT LIKELY RESULTS, OR RELIABILITY OF COURSE THE USE OF DEALING, COURSE OF PERFORMANCE THE MATERIALS ON ITS SITES OR USAGE OF TRADEOTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE SITES. THE PARTIES HEREBY ACKNOWLEDGE INFORMATION AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT CONTENT PROVIDED ON OUR SITES IS CREATED INTENDED FOR INFORMATIONAL PURPOSES ONLY. PRIORITY ONE IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY USERS, INCLUDING POSTS MADE BY EMPLOYEES OR FOR CUSTOMERS OR OTHER THIRD PARTIESAGENTS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF OUR SITES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS CONTENT POSTED BY OTHERS IS NOT EDITED BY PRIORITY ONE AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS NECESSARILY REPRESENT ITS VIEWS OR WARRANTIES OF ANY KIND OPINIONS. Limitations/Indemnification IN NO EVENT SHALL PRIORITY ONE, ITS AFFILIATES OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY SUPPLIERS BE LIABLE FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON PRIORITY ONE’S SITES, OR FOR LOSS OR DAMAGE THAT RESULTS FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OR OTHER APPLICABLE GUIDELINES, OR FROM ANY TECHNICAL, HUMAN OR SOFTWARE ERRORS OR FAILURES FOUND WITHIN OUR SITES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PRIORITY ONE, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY WITH RESPECT TO THE ACCURACYANY CLAIMS FROM ANY THIRD PARTIES ARISING FROM YOUR USE OF OUR SITES OR VIOLATIONS OF THESE TERMS OR APPLICABLE LAWS AND GUIDELINES. Privacy Your use of Priority One’s social media-based websites constitutes your consent to Priority One’s use of information obtained through your site visits. With respect to content collected through our Sites, RELEVANCYPriority One follows the applicable privacy policies of the third-party hosts of our Sites. Please note that when visiting any Priority One site, COMPLETENESSyou are also subject to the terms and conditions of Priority One’s privacy notices, OR USEFULNESS OF SUCH INFORMATIONas well as the terms of service and privacy policies of third-party hosts, when applicable. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEcopy of our Privacy Policies can be found at xxx.xxxxxxxxxxxxx.xxx/xxxxxxxxxxx .

Disclaimer. EXCEPT AS EXPRESSLY FOR THE LIMITED WARRANTIES PROVIDED IN THIS SECTION 5 ABOVEHEREIN, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “"AS IS” BASIS" WITHOUT WARRANTY OF ANY KIND, BOTH EXPRESSED AND IMPLIED. LICENSOR MAKES NO VENDOR, ITS SUPPLIERS AND HEREBY LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. VENDOR DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE CUSTOMER DATA WILL NOT BE LOST OR DAMAGED. YOU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. VENDOR, EXPRESS OR IMPLIED, INCLUDING ITS SUPPLIERS AND LICENSORS DISCLAIM AND EXCLUDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTITLE, AND ALL WARRANTIES THAT MAY ARISE OUT OF NON-INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE LAW, USAGE, OR USAGE OF TRADETRADE PRACTICE TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE PARTIES HEREBY ACKNOWLEDGE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND AGREE THAT CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES EXPRESS WARRANTY SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR ABOVE FAILS OF ITS ESSENTIAL PURPOSE. VENDOR MAKES NO WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACYSERVICES WHICH ARE PROVIDED AT NO CHARGE, RELEVANCY, COMPLETENESS, OR USEFULNESS ALL OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE WHICH ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.”

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SPECIFICALLY SET FORTH IN THIS SECTION 5 8.1 ABOVE, KORNIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE LICENSED KNOW-HOWPRODUCTS, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY SOFTWARE AND/OR FOR LICENSORSERVICES, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESANY SUCH WARRANTIES INCLUDING WITHOUT LIMITATION ANY EXPRESS, EXPRESS STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE PURCHASER UNDERSTAND AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED ALL WARRANTIES IMPLIED BY APPLICABLE LAWS ARE EXCLUDED FROM THIS SALE AND LICENSE. PURCHASER ASSUME ALL RISKS, IF ANY, INCLUDING RISKS OF INJURY, LOSS OR FOR CUSTOMERS DAMAGE, WHETHER DIRECT, CONSEQUENTIAL, OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY INDIRECT, ARISING OUT OF THE DISCLAIMER USE, MISUSE, OR INABILITY TO USE THE PRODUCTS AND/OR SOFTWARE. KORNIT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION LOSS OF REPRESENTATIONS PROFIT, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF USE) RELATING TO OR ARISING HEREUNDER, HOWEVER CAUSED, AND WARRANTIES SET FORTH WHETHER BASED ON CONTRACT, TORT, EQUITY OR ANY OTHER THEORY OF LIABILITY WHATSOEVER, EVEN IF KORNIT WAS NOTIFIED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE REMEDIES PROVIDED HEREIN, IF ANY, ARE PURCHASERR SOLE AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL EXCLUSIVE REMEDIES. KORNIT'S MAXIMUM LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR DAMAGES HEREUNDER SHALL BE LIMITED TO THE CONSIDERATION PAID TO KORNIT FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT SPECIFIC PRODUCT(S) GIVING RISE TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADECLAIM AGAINST KORNIT.

Disclaimer. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DO NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS SECTION 5 ABOVEAGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LICENSOR MAKES NO THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. WE DISCLAIM ANY AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS RESPONSIBILITY OR IMPLIEDLIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYORDERING ACTIVITY CONTENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYMENTIONS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE ANY CONTENT OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED SERVICES PROVIDED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING WE DO NOT CONTROL OR VET ORDERING ACTIVITY CONTENT OR MENTIONS AND WE ARE NOT RESPONSIBLE FOR WHAT OTHER USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE GENERALITY SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY SUPPORTED PLATFORMS OR THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH SUPPORTED PLATFORMS OR THIRD-PARTY SERVICES. WE EXPRESSLY DENY ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT SERVICES OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS YOUR ACCOUNT OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY THE INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATIONCONTAINED THEREIN. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEThe foregoing exclusion/limitation of liability shall not apply to (1) personal injury or death resulting from Hootsuite’s negligence; (2) for fraud; or (3) for any other matter for which liability cannot be excluded by law.

Disclaimer. EXCEPT THE PLATFORM IS MADE AVAILABLE ON AN "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEIS" AND "AS AVAILABLE" BASIS, NO REPRESENTATIONS WITHOUT ANY REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESKIND, EXPRESS OR IMPLIEDIMPLIED INCLUDING, INCLUDING ANY BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADENON- INFRINGEMENT. THE PARTIES HEREBY YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR ACCESS THEREBY IS AT YOUR OWN RISK AND DISCRETION. THE DOCUMENTATION PLATFORM IS NOT HACK PROOF. THE USER CONTENT MAY CONTAIN INFORMATION THAT IS CREATED BY GET PILFERED, DAMAGED, LOST, GARBLED OR FOR CUSTOMERS OR OTHER THIRD PARTIESBECOME USELESS. WITHOUT LIMITING THE GENERALITY FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. USERS UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USER CONTENT, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE DISCLAIMER PLATFORM, INCLUDING, WITHOUT LIMITATION OF REPRESENTATIONS THE USER CONTENT. WE DO NOT REPRESENT AND WARRANTIES SET FORTH HEREINWARRANT THAT USERS USE OF THE PLATFORM WILL MEET THEIR REQUIREMENTS, OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY THE USERS AS A RESULT OF USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT OR CONDUCT DUE DILIGENCE WITH RESPECT TO THE USER CONTENT, AT YOUR OWN INITIATIVE, COST AND EFFORT. AP FACTOR HAS DEVELOPED THE PLATFORM AS A MERE COORDINATOR BETWEEN THE USERS AND AS SUCH AP FACTOR SHALL NOT BE LIABLE FOR THE INFORMATION PROVIDED BY USERS OR OTHERWISE TRANSMITTED ON THE PLATFORM. ANY RELIANCE ON SUCH INFORMATION OR THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. ALL LIABILITY WHETHER CIVIL OR CRIMINAL RESULTING FROM ANY USER CONTENT OR INFORMATION OR CONTENT OR BLOGS POSTED OR TRANSMITTED ON THROUGH THIS AGREEMENT PLATFORM WILL BE THAT OF THE USERS OR OTHERWISE, LICENSOR DOES THIRD PARTY WHO HAS POSTED OR TRANSMITTED SUCH USER CONTENT OR INFORMATION AND WE RESERVE OUR RIGHT TO CLAIM DAMAGES FROM SUCH USER OR THIRD PARTY THAT IT MAY SUFFER DUE TO SUCH CONTENT POSTED ON PLATFORM. WE DO NOT GIVE ANY REPRESENTATIONS OR WARRANTIES CLAIM OWNERSHIP OF ANY KIND OF ANY INFOMRATION THAT YOU SUBMIT OR MAKE AVAILABLE ON PLATFORM. AP FACTOR WILL ASSUME ANY LEGAL NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION THAT IS CREATED AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY.WE RESERVE THE RIGHT TO DISCONTINUE OR FOR ALTER ANY OR ALL OF OUR PLATFORM SERVICES AND TO STOP PUBLISHING THE CUSTOMERS PLATFORM, AT ANY TIME IN OUR SOLE DISCRETION WITHOUT NOTICE OR EXPLANATION; AND SAVE TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, YOU WILL NOT BE ENTITLED TO ANY COMPENSATION OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO PAYMENT UPON THE ACCURACY, RELEVANCY, COMPLETENESSDISCONTINUANCE OR ALTERATION OF ANY SERVICES, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEIF WE STOP PUBLISHING THE PLATFORM.

Disclaimer. YOUR USE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED BY ITASCA ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED DESCRIBED IN THIS SECTION 5 ABOVE10 (WARRANTY), NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT THE ITASCA PARTIES DISCLAIM TO THE LICENSED KNOW-HOWFULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE ITASCA PARTIES RELATING TO THE SOFTWARE OR THE CONTENT, IMPROVEMENTSEXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYIMPLIED, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORSTATUTORY, AND SUCH OTHERWISE IN CONNECTION WITH THE SOFTWARE, ANY SOFTWARE LICENSED KNOW-HOWOR PROVIDED TO YOU BY THE ITASCA PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, IMPROVEMENTSTHAT MAY BE IMPLIED BY THIS XXXX, DOCUMENTATION BY CUSTOM, OR BY LAW OR OTHERWISE AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY WHICH IS NOT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDSET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SOFTWARE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND ALL NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES THAT MAY ARISE OUT ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESPERFORMANCE. WITHOUT LIMITING THE GENERALITY OF FOREGOING, THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINITASCA PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SOFTWARE OR ON ANY LINKED WEBSITES IS ACCURATE, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT COMPLETE OR OTHERWISECURRENT; THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS SAFETY OR WARRANTIES LEGALITY OF ANY KIND CONTENT, PRODUCTS, SERVICES, SOFTWARE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY ITASCA; THAT SOFTWARE ERRORS WILL BE CORRECTED OR THAT SOFTWARE CONTENT WILL BE UPDATED; OR THAT THE SOFTWARE IS PCI COMPLIANT. THE ITASCA PARTIES ASSUME ANY LEGAL NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY (1) ERRORS, MISTAKES, OR FOR THE CUSTOMERS INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR OTHER THIRD PARTIESPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WITH RESPECT DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE ACCURACYSOFTWARE, RELEVANCY(3) UNAUTHORIZED ACCESS TO OR USE OF THE ITASCA SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, COMPLETENESS(4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR USEFULNESS THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR ANY MATERIALS OR INFORMATION OTHERWISE MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEVIA THE SOFTWARE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION 5 ABOVE8, NO EACH PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THIS MSA AND THE SOLUTIONS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, STATUTE, CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY IMPLIED ALL WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE (WHETHER OR NOT SUCH PARTY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), TITLE AND ACCURACY, NON-INFRINGEMENT, CONDITION OF TITLE. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF ANY EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SENTINELONE DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, DETECT, OR IDENTIFY ALL WARRANTIES THAT MAY ARISE OUT THREATS, CONFIGURATION ERRORS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, RESTORE CONTROL OF COURSE OF DEALINGSYSTEMS WHERE UNAUTHORIZED ACCESS OR CONTROL HAS OCCURRED, COURSE OF PERFORMANCE AND CUSTOMER AND ITS AFFILIATES WILL NOT HOLD SENTINELONE RESPONSIBLE FOR SUCH OR USAGE OF TRADEANY CONSEQUENCES THEREOF. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY REPORTS GENERATED THROUGH CUSTOMER’S USE OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE SOLUTIONS ARE PROVIDED ON AN “AS AS-IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 SET FORTH ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THE PRODUCT, THE PRODUCT DOCUMENTATION, THE MAINTENANCE AND SUPPORT, AND THE INSTALLATION, ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN CERTIPATH TO LICENSEE “AS IS” BASISWITHOUT ANY OTHER WARRANTY OF ANY KIND. LICENSOR MAKES NO CERTIPATH, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES WITH REGARD TO THE PRODUCT, EXPRESS OR THE PRODUCT DOCUMENTATION, THE MAINTEANCE AND SUPPORT AND THE INSTALLATION, WHETHER EXPRESS, IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, NONINFRINGEMENT AND ALL ANY WARRANTIES THAT MAY ARISE ARISING OUT OF THE COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADEPERFORMANCE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE CERTIPATH DOES NOT WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY LICENSEE’S USE OF THE DISCLAIMER PRODUCT SHALL BE ERROR-FREE, OR UNINTERRUPTED. LICENSEE ACKNOWLEGES THAT IT HAS RELIED ON NO OTHER WARRANTIES AND THAT NO OTHER WARRANTIES ARE MADE HEREIN BY CERTIPATH OR ANY OF REPRESENTATIONS AND CERTIPATH’S SUPPLIERS OR LICENSORS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXLUSION OF IMPLIED WARRANTIES SET FORTH HEREINOR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES SO THE ABOVE LIMITATIONS MAY NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT APPLY TO LICENSEE. TO THE ACCURACYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEARE LIMITED TO THIRTY (30) DAYS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEDAXKO DISCLAIMS ANY AND ALL WARRANTIES, NO CONDITIONS, OR REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES(STATUTORY, EXPRESS OR IMPLIED, INCLUDING ORAL OR WRITTEN), WITH RESPECT TO THE SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESPART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT DAXKO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. DAXKO SHALL HAVE NO LIABILITY FOR DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTIFY THEFT, OR INVASION OF PRIVACY BY ANY THIRD PARTY. DAXKO DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. DAXKO EXPRESSLY DISCLAIMS ANY WARRANTY AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTIES. DAXKO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER WITH RESPECT TO THE ACCURACYSERVICES OR ANY PART THEREOF. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, RELEVANCYSO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY. TO THE EXTENT THAT THIS AGREEMENT MAY BE INTERPRETED UNDER THE LAWS OF A STATE NOT ALLOWING ANY SUCH A LIMITATION ON DAMAGES, COMPLETENESSTHE FOREGOING PROVISION SHALL BE INTERPRETED TO PROVIDE THE MAXIMUM BENEFIT OF THE FOREGOING PROVISION ALLOWED BY THAT STATE’S LAWS. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF MEMBERSHIPS, MEMBERSHIP OR CONTRACT DAMAGES DUE TO MEMBER CANCELLATION, OR USEFULNESS LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INFORMATIONDAMAGES. IN NO EVENT WILL DAXKO’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID FOR THE MONTH IN WHICH THE BREACH OR DEFAULT OCCURRED. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5BEHALF OF BOTH DAXKO AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, LICENSEE MAKES NO OFFICERS, DIRECTORS, EMPLOYEES, AFFIALIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADESERVICE PROVIDERS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH ABOVE AND IN THIS SECTION 5 ABOVEEACH PRODUCT EXHIBIT, NO REPRESENTATIONS OR WARRANTIES OF PROOFPOINT AND PROOFPOINT LICENSORS DISCLAIM ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INCLUDING WITHOUT LIMITATION REGULATORY COMPLIANCE, PERFORMANCE, ACCURACY, RELIABILITY, AND ALL WARRANTIES NONINFRINGEMENT. PROOFPOINT DOES NOT WARRANT THE ACCURACY OF THE INTENDED EMAIL BLOCKING OF ANY MAIL MESSAGE, THE PROOFPOINT PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE NO EMAIL WILL BE LOST OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION PROOFPOINT PRODUCTS WILL NOT GIVE FALSE POSITIVE OR FALSE NEGATIVE RESULTS OR THAT IS CREATED BY ALL SPAM AND VIRUSES WILL BE ELIMINATED OR FOR CUSTOMERS OR OTHER THIRD PARTIESTHAT LEGITIMATE MESSAGES WILL NOT BE OCCASIONALLY QUARANTINED AS SPAM. WITHOUT LIMITING PROOFPOINT DOES NOT WARRANT THE GENERALITY OPERATION OF THE PROOFPOINT PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. THIS DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT FOREGOING LIMITATIONS MAY NOT APPLY TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADECUSTOMER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED YOU AGREE AND ACKNOWLEDGE THAT EQUIPMENT, CABLES, ACCESSORIES AND PARTS MAY BE DISCONTINUED WITH OR WITHOUT WARNING AND THAT PRODUCTS MAY NOT BE AVAILABLE IN THIS SECTION 5 ABOVEQUANTITIES DESIRED OR ORDERED BY YOU, NO REPRESENTATIONS OR WARRANTIES AND THAT FUTURE VERSIONS OF ANY KIND ARE GIVEN BY LICENSOR PRODUCTS MAY NOT BE BACKWARDS COMPATIBLE WITH RESPECT TO THE LICENSED KNOW-HOWEXISTING CABLES, IMPROVEMENTS, DOCUMENTATION MOUNTS AND OTHER LICENSOR INTELLECTUAL PROPERTYACCESSORIES. VEHICLE MOUNTING LOCATION AND SURROUNDING MATERIALS MAY IMPACT GPS AND CELLULAR RECEPTION. YOU FURTHER ACKNOWLEDGE THAT WE AND PRODUCT MANUFACTURERS MAY DISCONTINUE PROVIDING SOFTWARE OR FIRMWARE UPDATES IN THE FUTURE AND THAT NEW FEATURES AND FUNCTIONALITY MAY NOT BE AVAILABLE THROUGH OR COMPATIBLE WITH DISCONTINUED PRODUCTS OR PRODUCTS THAT ARE NOT RUNNING CURRENT SOFTWARE AND FIRMWARE. SOFTWARE MAY NOT BE COMPATIBLE WITH ALL HARDWARE AND/OR FIRMWARE COMBINATIONS. WE DO NOT WARRANT THE AVAILABILITY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSTIMELINESS, OR USEFULNESS OF ANY INFORMATION ACCESSED OR PROVIDED THROUGH USE OF THE PRODUCTS AND SERVICES. USE OF CERTAIN PRODUCTS AND SOFTWARE IS DEPENDENT ON THE AVAILABILITY AND COVERAGE OF WIRELESS AND TELECOMMUNICATIONS NETWORKS AND TECHNOLOGIES, GLOBAL NAVIGATION SATELLITE SYSTEMS AND THE INTERNET, WHICH INVOLVE FACILITIES OWNED AND OPERATED BY THIRD PARTIES (“CARRIERS”). WE ARE NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF CARRIERS’ SYSTEMS OR FACILITIES, OR FOR SUCH INFORMATIONCARRIERS’ ELECTION TO SUNSET CELLULAR SPECTRUMS OR TECHNOLOGIES IN THE FUTURE. CARRIERS DISCLAIM ALL LICENSEE IMPROVEMENTS LIABILITY OF ANY NATURE TO YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5CONSEQUENTIAL, LICENSEE MAKES NO ARISING OUT OF YOUR USE OF OUR PRODUCTS, SOFTWARE, SUBSCRIPTIONS AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYSERVICES, AND ALL WARRANTIES THAT MAY ARISE OUT YOU WILL HAVE NO CLAIMS AGAINST CARRIERS OF COURSE ANY KIND WITH RESPECT THERETO. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING FEES CHARGED. EXHIBIT D – TERMS & CONDITIONS ON HARDWARE AS A SERVICE

Disclaimer. EXCEPT FOR THE LIMITED REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY STATED HEREIN, THE SOFTWARE, DOCUMENTATION AND MAINTENANCE, AS WELL AS ALL SERVICES, ARE PROVIDED "AS IS," AND MYECHECK AND ITS SUPPLIERS HEREBY EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWOR NATURE, IMPROVEMENTSWHETHER EXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY IMPLIED OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDSTATUTORY, INCLUDING ANY IMPLIED WARRANTIES WITHOUT LIMITATION THE IMPLIEDWARRANTIES OF MERCHANTABILITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED REPRESENTATIONS, TITLE WARRANTIES AND COVENENANTS EXPRESSLY STATED HEREIN, MYECHECK AND ITS SUPPLIERS DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, DOCUMENTATION OR MAINTENANCE WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GREENPAY ACKNOWLEDGES THAT MYECHECK IS NOT RESPONSIBLE FOR AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGWILL HAVE NO LIABILITY FOR HARDWARE, COURSE OF PERFORMANCE SOFTWARE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN MYECHECK OR ITS EMPLOYEES, AGENTS OR CONTRACTORS OR FOR CUSTOMERS OR NETWORK FAILURE. GREENPAY FURTHER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THIRD PARTIES. WITHOUT LIMITING THAN THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND EXPRESS WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEAGREEMENT.

Disclaimer. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS SECTION 5 ABOVEAGREEMENT, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWSERVICES (OR ANY PART THEREOF), IMPROVEMENTS, DOCUMENTATION AND ANY OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS PRODUCTS AND SERVICES PROVIDED BY ECOBEE TO YOU, OR FOR LICENSORTHE RESULTS THAT MAY BE OBTAINED FROM USE OF THEREOF, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES (A) THEY ARE PROVIDED ON AN AND MADE AVAILABLE “AS IS” BASIS. LICENSOR MAKES AND “AS AVAILABLE”; AND (B) THERE ARE NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIEDIMPLIED (WHETHER ARISING UNDER COMMON LAW, STATUTE, COURSE OF DEALING OR TRADE, OR OTHERWISE) RELATING TO THEM, (I) INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, ACCURACY, AVAILABILITY, ACCESSIBILITY, UNINTERRUPTED USE, RELIABILITY, OR SECURITY; (II) THAT THEY WILL MEET ANY REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, DATA BREACH OR DATA LOSS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH OR WORK WITH ANY SOFTWARE, SYSTEM, HARDWARE OR OTHER SERVICES, OR BE SECURE, FREE OF HARMFUL CODE, OR ERROR FREE; OR (III) ANY ERRORS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ECOBEE WILL CREATE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE. ECOBEE IS NOT AN INSURANCE PROVIDER AND ALL WARRANTIES THAT THE SERVICES DO NOT PROVIDE INSURANCE COVERAGE AGAINST LOSS. ECOBEE MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE DEVICES OR SERVICE MAY ARISE OUT OF COURSE OF DEALINGNOT BE COMPROMISED OR CIRCUMVENTED, COURSE OF PERFORMANCE (2) THE DEVICES OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE SERVICE WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR (3) THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY DEVICES OR FOR CUSTOMERS SERVICE WILL PROVIDE ADEQUATE WARNING OR OTHER THIRD PARTIESPROTECTION. WITHOUT LIMITING THE GENERALITY ECOBEE’S DEVICES AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT EVENTS THEY ARE INTENDED TO DETECT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESAVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES, ROBBERIES, FIRES, FLOODS, AND MEDICAL PROBLEMS. YOU UNDERSTAND THAT A PROPERLY INSTALLED AND MAINTAINED ALARM MAY ONLY REDUCE THE RISK OF A BURGLARY, ROBBERY OR OTHER EVENTS OCCURRING WITHOUT LIMITATIONPROVIDING AN ALARM, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT THE EQUIPMENT AND SERVICES PURCHASED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES, OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. IF SUCH AN EVENT OCCURS. YOU AGREE THE ALLOCATION OF SUCH RISK REMAINS WITH RESPECT YOU, NOT ECOBEE. BY USING THE DEVICES AND/OR SERVICES, YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO XXX OR BRING ANY CLAIM OF ANY TYPE AGAINST ECOBEE FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE ACCURACY, RELEVANCY, COMPLETENESS, DEVICES OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE SERVICES PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEBY ECOBEE.

Disclaimer. EXCEPT AS EXPRESSLY THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN THIS SECTION 5 ABOVECONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GROW SOUTH DAKOTA, AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING NEIGHBORWORKS AMERICA, (COLLECTIVELY THE “NWO” PARTIES) MAKE NO REPRESENTATIONS REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND ARE GIVEN WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY LICENSOR THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH OF THE NWO PARTIES DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE LICENSED KNOW-HOWSERVICES, IMPROVEMENTSNONINFRINGEMENT, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE NWO PARTIES HEREBY ACKNOWLEDGE AND AGREE DO NOT WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERUPTED OR FOR CUSTOMERS OR OTHER THIRD PARTIESERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NWO PARTIES SHALL NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY BE RESPONSIBLE FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESSERVICE INTERUPTIONS, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WITH RESPECT SYSTEM FAILURES OR OTHER INTERUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTION OR THE SERVICES. Limitation of Liability. IN NO EVENT SHALL ANY NWO PARTY BE RESPONSIBLE OR LIABLE TO THE ACCURACYYOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCE FOR ANY INDIRECT, RELEVANCYCONSEQUENTIAL, COMPLETENESSSPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR USEFULNESS OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY NWO PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE NWO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INFORMATIONDAMAGE OR LOSS. ALL LICENSEE IMPROVEMENTS IN NO EVENT SHALL THE NWO PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR ANY MATERIALS OR INFORMATION MADE AVAILABLE RELATING TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO THESE TERMS AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES CONDITIONS EXCEED THE NET FEES GROW South Dakota HAS ACTUALLY RECEIVED AND RETAINED FROM YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE CLAIM.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS CONTENT AND SERVICES DOCUMENTS FROM OR THROUGH THE VILLAGE’S EQUIPMENT OR OTHERWISE ARE PROVIDED BY OR FOR LICENSOR"AS-IS", "AS AVAILABLE", WITH “ALL FAULTS”, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, TITLE ERRORS, INACCURACIES, PROBLEMS OR OTHER LIMITATIONS. WE AND ACCURACYOUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND ALL WARRANTIES THAT MAY ARISE OUT OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF COURSE BUSINESS, LOSS OF DEALINGPROFITS, COURSE LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF PERFORMANCE CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR USAGE OTHERWISE, EVEN IF ADVISED OF TRADE.THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Reservation and fee: Non-refundable Incubator Use Fee of $ has been paid to utilize the space from ___________________ to _. Reviewed and Approved By: __________________________________________________________________________

Disclaimer. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED FOR IN THIS SECTION 5 ABOVEAGREEMENT OR ANY SOW, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYOR WARRANTIES BASED ON COURSE OF DEALING OR USAGE IN TRADE. FACL DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF BUGS OR COMPUTER VIRUSES, AND HEREBY DISCLAIMS ANY ALL WARRANTIES THAT MAY ARISE OUT LIABILITY FOR ANY LOSS OR DAMAGES SUFFERED BY ANY PERSON OR ENTITY, INCLUDING CUSTOMER, ON ACCOUNT OF COURSE OF DEALINGBUGS, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS VIRUSES, OR OTHER THIRD PARTIESMALICIOUS CODE IN THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY FACL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY KIND GEOGRAPHIC AREA. 9. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER CUSTOMER NOR FACL SHALL HAVE ANY LIABILITY UNDER OR ASSUME IN ANY LEGAL LIABILITY OR RESPONSIBILITY WAY RELATED TO THIS AGREEMENT FOR ANY INFORMATION THAT IS CREATED BY LOSS OF PROFIT OR REVENUE OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESANY CONSEQUENTIAL, INCLUDINGINDIRECT, WITHOUT LIMITATIONINCIDENTAL, WITH RESPECT TO THE ACCURACYSPECIAL, RELEVANCY, COMPLETENESSPUNITIVE, OR USEFULNESS EXEMPLARY DAMAGES, EVEN IF FACL OR CUSTOMER IS AWARE OF THE POSSIBILITY OF SUCH INFORMATIONLOSS OR DAMAGES. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, LIMIT IS CUMULATIVE AND ALL WARRANTIES THAT MAY ARISE OUT PAYMENTS UNDER THIS AGREEMENT ARE AGGREGATED TO CALCULATE SATISFACTION OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE LIMIT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEXXXXXXX MAKES NO, NO REPRESENTATIONS OR AND DISCLAIMS, ALL WARRANTIES AND CONDITIONS OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWKIND, IMPROVEMENTSWHETHER EXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYIMPLIED, INFORMATION, MATERIALS AND SERVICES PROVIDED BY STATUTORY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDOTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND ALL WARRANTIES THAT MAY ARISE OUT XXXXXXX WILL NOT BE LIABLE FOR ANY LOSS OF COURSE USE, LOSS OF DEALINGDATA, COURSE INTERRUPTION OF PERFORMANCE BUSINESS, DOWNTIME, LOST PROFITS, OR USAGE ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF TRADEANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL XXXXXXX’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (A) THE TOTAL REFERRAL COMMISSIONS PAID BY XXXXXXX TO YOU UNDER THIS AGREEMENT DURING THE PRECEDING 12 MONTHS OR (B) $500. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT THIS SECTION IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY AN ESSENTIAL ELEMENT OF THE DISCLAIMER AGREEMENT AND THAT IN ITS ABSENCE THE ECONOMIC TERMS OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL WOULD BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADESUBSTANTIALLY DIFFERENT.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 5 ABOVE8.1, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION SERVICE AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES THE DEVICES ARE PROVIDED ON AN “AS IS,” BASIS. LICENSOR MAKES “WHERE IS,” “WITH ALL FAULTS” AND WITH NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTY, EXPRESS OR IMPLIED, INCLUDING OF ANY KIND. FRACSUN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOTLIMITED TO, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/ NON- INFRINGEMENT. SOME ASPECTS OF THE FRACSUN PROPERTIES ARE EXPERIMENTAL AND ACCURACYHAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT, OR MAKE ANY CONDITION THAT THE FRACSUN PROPERTIES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. WE ARE NOT RESPONSIBLE FOR OUTAGES OR ERRORS IN THE FRACSUN PROPERTIES ATTRIBUTABLE TO THIRD PARTIES OR OUTAGES IN THIRD PARTY INTEGRATED SERVICES. WE ARE ALSO NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESERVICES, ALL OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND ALL WARRANTIES RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY ARISE OUT RESULTS FROM USE OF COURSE OF DEALINGTHE FRACSUN PROPERTIES INCLUDING, COURSE OF PERFORMANCE BUT NOT LIMITED TO, ANYDAMAGE TO YOUR COMPUTER SYSTEM OR USAGE OF TRADETO YOUR PHOTOVOLTAIC ARRAY OR INSTRUMENTATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THE PARTIES HEREBY ACKNOWLEDGE DEVICE WARRANTY OFFERED BY FRACSUN SHALL BE NULL AND AGREE THAT VOID TO THE EXTENT THE ISSUE IS ATTRIBUTABLE TO IMPROPER INSTALLATION OR IF YOU FAIL TO FOLLOW THE PROPER INSTRUCTIONS PROVIDED EITHER ORALLY OR IN THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING USE THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY SERVICES FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR PURPOSE OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE THAN AS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS UNDER SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE2.1.

Disclaimer. TO THE MAXIMUM EXTENT ALLOWED BY LAW AND EXCEPT AS UNAMBIGUOUSLY AND EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, EASYWORKFORCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO PROMISES ABOUT THE LICENSED KNOW-HOWSOFTWARE, IMPROVEMENTSSERVICES AND PRODUCTS. THE SOFTWARE, DOCUMENTATION SERVICES AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES“AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO EASYWORKFORCE), TITLE AND ACCURACYMERCHANTABILITY, AND ALL WARRANTIES THAT MAY ARISE OUT OF NON- INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE USAGE, OR USAGE OF TRADETRADE PRACTICE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE EASYWORKFORCE DOES NOT REPRESENT OR WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION SOFTWARE, SERVICES AND PRODUCTS ARE COMPLETE OR FREE FROM ERRORS OR OMISSIONS OR THAT IS CREATED ALL DEFECTS SHALL BE CORRECTED, OR WILL BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR FOR CUSTOMERS OMISSIONS IN, OR THE UNAVAILABILITY OF, THE SOFTWARE, SERVICES AND PRODUCTS, WHETHER SUCH ERRORS OR OMISSIONS OR UNAVAILABILITY RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER THIRD PARTIESCAUSE. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY EASYWORKFORCE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY THE USE OF THE SOFTWARE, SERVICES AND PRODUCTS FOR ANY INFORMATION SPECIFIC PURPOSES. EASYWORKFORCE DOES NOT WARRANT THAT IS CREATED BY THE SOFTWARE, SERVICES OR FOR PRODUCTS SHALL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WHILE THE CUSTOMERS MANUFACTURERS OR LICENSORS OF PRODUCTS MAY PROVIDE CERTAIN WARRANTIES AND OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS WITH RESPECT TO THE ACCURACYPRODUCTS, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE EASYWORKFORCE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS REPRESENTATIONS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADECONCERNING PRODUCTS MANUFACTURED BY THIRD PARTIES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN THIS SECTION 5 ABOVE8, NO REPRESENTATIONS NEITHER WHATCOUNTS NOR ITS CONTRACTORS, LICENSORS AND SUPPLIERS MAKES ANY EXPRESS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR IMPLIED WARRANTY, REPRESENTATION, CONDITION, OR AGREEMENT WITH RESPECT TO THE LICENSED KNOW-HOWSOFTWARE, IMPROVEMENTSSUPPORT, DOCUMENTATION SERVICES, HOSTING SERVICES, OR ADDITIONAL SERVICES. WHATCOUNTS AND OTHER LICENSOR INTELLECTUAL PROPERTYITS CONTRACTORS, INFORMATION, MATERIALS LICENSORS AND SERVICES PROVIDED SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY OR FOR LICENSOR, APPLICABLE LAW ANY AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYOR ARISING FROM USAGE, AND ALL WARRANTIES THAT MAY ARISE OUT OF CONDUCT, OR COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE WHATCOUNTS DOES NOT WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IS CREATED ALL ERRORS WILL BE CORRECTED. Limitation of Liability, Remedy Limitation of Remedy. EXCEPT AS PROHIBITED BY LAW OR FOR CUSTOMERS CLAIMS ARISING UNDER SECTION 7.3, WHATCOUNTS, ITS CONTRACTORS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO CUSTOMER, AUTHORIZED USERS, OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDINGFOR ANY SPECIAL, WITHOUT LIMITATIONINCIDENTAL, WITH RESPECT TO THE ACCURACYCONSEQUENTIAL, RELEVANCYINDIRECT, COMPLETENESSEXEMPLARY, OR USEFULNESS PUNITIVE DAMAGES OR LIABILITIES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ALL SUBSCRIPTION SCHEDULES SERVICE SCHEDULES, OR AMENDMENTS THERETO, WHETHER IN CONTRACT OR TORT OR BY WAY OF INDEMNITY OR OTHERWISE, INCLUDING A BREACH THEREOF OR INCLUDING DAMAGES OR LIABILITIES FOR LOST PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS DAMAGES OR ANY MATERIALS LIABILITIES HAVE BEEN COMMUNICATED TO WHATCOUNTS AND REGARDLESS OF WHETHER WHATCOUNTS HAS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADELIABILITIES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR THE WARRANTIES SET FORTH IN THIS SECTION 5 ABOVE5.2 AND SECTION 10.1, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE SUPPLIER OFFERING IS PROVIDED ON AN “AS IS” AS-IS BASIS. LICENSOR MAKES NO CUSTOMER’S USE OF THE SUPPLIER OFFERING IS AT ITS OWN RISK. SUPPLIER DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, INCLUDING ANY IMPLIED BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NONINFRINGEMENT AND ACCURACYTITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ALL ANY WARRANTIES THAT MAY ARISE OUT OF ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE USAGE, OR USAGE OF TRADETRADE PRACTICE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT EXPRESS WARRANTIES MADE BY SUPPLIER ARE FOR THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY BENEFIT OF THE DISCLAIMER CUSTOMER ONLY AND NOT FOR THE BENEFIT OF REPRESENTATIONS ANY THIRD PARTY. ANY SOFTWARE PROVIDED THROUGH THE SUPPLIER OFFERING IS LICENSED AND NOT SOLD. NO AGENT OF SUPPLIER IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF SUPPLIER AS SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT: (A) THE USE OF THE SUPPLIER OFFERING WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SUPPLIER OFFERING WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY CUSTOMER THROUGH THE SUPPLIER OFFERING WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (E) THE SUPPLIER OFFERING WILL BE ERROR- FREE OR THAT ERRORS OR DEFECTS IN THE SUPPLIER OFFERING WILL BE CORRECTED; OR (F) THE SERVER(S) THAT MAKE THE SUPPLIER OFFERING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SUPPLIER OFFERING MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH OTHER PROBLEMS INHERENT IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SUPPLIER IS NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY RESPONSIBLE FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS DELAYS, DELIVERY FAILURES, OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF DAMAGES RESULTING FROM SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEPROBLEMS.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED CREDIT UNION’S REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES, AND MEMBER’S RIGHTS AND REMEDIES, SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT ARE EXCLUSIVE. CREDIT UNION AND ITS LICENSORS HEREBY DISCLAIM, NO REPRESENTATIONS OR AND MEMBER HEREBY WAIVES AND RELEASES CREDIT UNION, ITS LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS AND EMPLOYEES FROM ALL OTHER REPRESENTATIONS, WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWNATURE, IMPROVEMENTSOBLIGATIONS AND LIABILITIES, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL DOCUMENTS, SERVICES, INFORMATION, ASSISTANCE, SOFTWARE PROGRAMS, OR OTHER MATTERS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (i) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSESPECIFIC USE, TITLE AND ACCURACYPURPOSE OR APPLICATION, AND ALL WARRANTIES THAT MAY ARISE OUT OR OTHER IMPLIED CONTRACTUAL WARRANTY; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (iii) ANY WARRANTIES OF TIMELINESS OR NON-INFRINGEMENT; AND (iv) ANY OTHER WARRANTY WITH RESPECT TO QUALITY, ACCURACY OR FREEDOM FROM ERROR. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING NOTWITHSTANDING THE GENERALITY OF THE DISCLAIMER FOREGOING, NEITHER CREDIT UNION NOR ITS LICENSORS WARRANT THAT OPERATION OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR PROGRAM WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS ERROR-FREE OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEITS OPERATION WILL BE UNINTERRUPTED.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SUBJECT TO SECTION 5 6 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWVERIZON AND ITS APPLICABLE AFFILIATES, IMPROVEMENTSLICENSORS AND SUPPLIERS PROVIDE SYSTEMS, EQUIPMENTS, SOFTWARE, SERVICES AND DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL OTHER WARRANTIESREPRESENTATIONS OR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON-INFRINGEMENT, AND ALL ANY WARRANTIES THAT MAY ARISE OUT OF ARISING FROM THE COURSE OF PERFORMANCE, DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE OR THAT THE EQUIPMENT, SOFTWARE, SYSTEMS, SERVICES OR DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED SHALL BE ERROR-FREE, OPERABLE WITHOUT PROBLEMS OR INTERRUPTIONS, COMPLETELY SECURE, MEET ANY CUSTOMER REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINVERIZON SHALL NOT BE RESPONSIBLE FOR SOFTWARE, AND NOTWITHSTANDING ANYTHING ELSE FIRMWARE, INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY EQUIPMENT OR SYSTEMS RETURNED TO VERIZON (FOR REPAIR OR OTHERWISE), WHETHER UNDER WARRANTY OR NOT, OR OTHERWISE PROVIDED TO VERIZON. ADDITIONALLY, OTHER THAN AS SET FORTH IN THIS AGREEMENT OR OTHERWISETHE DOCUMENTATION, LICENSOR VERIZON DOES NOT GIVE WARRANT COMPATIBILITY BETWEEN THE EQUIPMENT AND/OR SOFTWARE AND ANY REPRESENTATIONS FUTURE VERSIONS OF EITHER. IT IS CUSTOMER’S OBLIGATION TO TAKE ALL REASONABLE SECURITY MEASURES TO PROTECT ANY EQUIPMENT, SOFTWARE, AND/OR WARRANTIES OF ANY KIND SYSTEMS OWNED OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED LICENSED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADECUSTOMER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT THE SOFTWARE IS BEING SUPPLIED TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED YOU ON AN “AS IS” BASIS. LICENSOR MAKES NO AND PARASCRIPT HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESIMPLIED WARRANTIES AND CONDITIONS, EXPRESS WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR IMPLIEDOTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF WITHOUT LIMITATION TERMS AS TO QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE PURPOSE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADENON-INFRINGEMENT. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY PARASCRIPT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, RESULTS, CORRECTNESS, ACCURACY, COMPATIBILITY, RELIABILITY, SUITABILITY, UNINTERRUPTED OR ERROR FREE NATURE OF THE SOFTWARE. 4.2. LIMITATION OF LIABILITY. PARASCRIPT, ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY PARENT COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INFORMATION THAT IS CREATED BY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WITH RESPECT TO THE ACCURACYDAMAGES FOR LOSS OF PROFITS, RELEVANCYLOSS OF DATA, COMPLETENESSLOSS OF USE OR BUSINESS INTERRUPTION EXPENSES, OR USEFULNESS ERRORS IN THE SOFTWARE, EVEN IF THE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH INFORMATIONDAMAGES. ALL LICENSEE IMPROVEMENTS THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” OTHER BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5In those jurisdictions that do not allow the exclusion or limitation of damages, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEParascript’s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWTRACKWISE DIGITAL AND ALL DOCUMENTATION, IMPROVEMENTS, DOCUMENTATION SUPPORT SERVICES AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND CONSULTING SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR AND “AS AVAILABLE”, AND SPARTA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. SPARTA (FOR ITSELF AND HEREBY ITS AFFILIATES, LICENSORS AND OTHER PROVIDERS) EXPRESSLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, EXPRESS OR IMPLIEDTERMS AND CONDITIONS, INCLUDING ANY ALL IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYSATISFACTORY QUALITY, AND ALL WARRANTIES THAT MAY ARISE OUT OF NON-INFRINGEMENT, OWNERSHIP, QUIET ENJOYMENT, SECURITY OR ARISING FROM A COURSE OF DEALING, COURSE USAGE OR TRADE PRACTICE, ALL OF PERFORMANCE OR USAGE OF TRADE. WHICH ARE HEREBY EXCLUDED TO THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED MAXIMUM EXTENT PERMITTED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESAPPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINFOREGOING, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR SPARTA DOES NOT GIVE ANY REPRESENTATIONS WARRANT THAT TRACKWISE DIGITAL OR WARRANTIES OF ANY KIND THE SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESWITHOUT INTERRUPTION, INCLUDINGBE ERROR FREE, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSMEET SUBSCRIBER’S REQUIREMENTS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS BE TIMELY OR ANY MATERIALS SECURE, OR INFORMATION MADE AVAILABLE TO LICENSOR THAT DATA PROVIDED THROUGH TRACKWISE DIGITAL WILL BE PROVIDED ACCURATE, UP-TO-DATE, COMPLETE OR FREE OF HARMFUL COMPONENTS OR NOT LOST OR DAMAGED. SUBSCRIBER MAY NOT MAKE OR PASS ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS ANY REPRESENTATION OR IMPLIED, INCLUDING WARRANTY ON BEHALF OF SPARTA TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHIRD PARTY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN COMPANY PROVIDES THE SERVICE “AS IS” BASISAND WITHOUT WARRANTY OF ANY KIND. LICENSOR MAKES NO AND HEREBY EXPRESSLY EXCEPT FOR THE WARRANTIES SET FORTH IN ARTICLE 15, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS ANY WARRANTY OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA, OR ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE CLIENT’S REQUIREMENTS OR THAT THE OPERATION, ACCESS, USE OR FUNCTIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SERVICE WITH RESPECT TO THEIR PERFORMANCE, ACCURACY, AND ALL WARRANTIES THAT MAY ARISE RELIABILITY, COMPLETENESS, SECURITY CAPABILITY OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF COURSE THE USE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHE SERVICE REMAINS WITH THE CLIENT.

Disclaimer. EXCEPT THE SALE OF THE PURCHASED TECHNOLOGY IS BEING MADE "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, IS" AND "WHERE IS," "WITH NO WARRANTIES OR REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT ORYX TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORBUYER. ORYX MAKES, AND SUCH LICENSED KNOW-HOWHAS MADE, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY TO BUYER AND BUYER HEREBY EXPRESSLY WAIVES THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEUSE, TITLE AND ACCURACYIF ANY, AND ALL OTHER WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING UPON ANY REPRESENTATIONS OF ORYX AND THAT BUYER HAS UNDERTAKEN BUYER'S OWN DUE DILIGENCE REGARDING THE QUALITY, INCLUDING CONDITION AND VALUE, IF ANY, OF THE PURCHASED TECHNOLOGY BEING SOLD HEREIN. ORYX SHALL NOT BE LIABLE FOR ANY IMPLIED WARRANTIES INJURY OR DAMAGE TO BUYER, OR TO ANY OTHER PERSON CAUSED DIRECTLY OR INDIRECTLY BY THE USE OF MERCHANTABILITYTHE PURCHASED TECHNOLOGY OR THE SALE OR USE OF ANY PRODUCT INCORPORATING SUCH PURCHASED TECHNOLOGY BY BUYER; PROVIDED FURTHER, FITNESS THAT IN NO EVENT SHALL ORYX BE LIABLE TO ANY PERSON, FIRM, OR CORPORATION FOR A PARTICULAR PURPOSEANY LOSS OR INJURY TO ANY PERSON, TITLE AND ACCURACYFIRM, AND ALL WARRANTIES THAT MAY ARISE OR CORPORATION FOR ANY LOSS OR INJURY TO EARNINGS, PROFITS, OR GOODWILL, OR FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF COURSE BUYER'S SALE OR USE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEANY PRODUCT INCORPORATING SUCH PURCHASED TECHNOLOGY.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWNEXT DLP PRODUCTS, IMPROVEMENTS, NEXT DLP SERVICES AND ALL DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR AND “AS AVAILABLE”, AND NEXT DLP MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. NEXT DLP (FOR ITSELF AND HEREBY ITS AFFILIATES, LICENSORS AND OTHER PROVIDERS) EXPRESSLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, EXPRESS OR IMPLIEDTERMS AND CONDITIONS, INCLUDING ANY ALL IMPLIED WARRANTIES WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYSATISFACTORY QUALITY, AND ALL WARRANTIES THAT MAY ARISE OUT OF NON-INFRINGEMENT, OWNERSHIP, QUIET ENJOYMENT, SECURITY OR ARISING FROM A COURSE OF DEALING, COURSE USAGE OR TRADE PRACTICE, ALL OF PERFORMANCE OR USAGE OF TRADE. WHICH ARE HEREBY EXCLUDED TO THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED MAXIMUM EXTENT PERMITTED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESAPPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINFOREGOING, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR NEXT DLP DOES NOT GIVE ANY REPRESENTATIONS WARRANT THAT NEXT DLP PRODUCTS, NEXT DLP SERVICES OR WARRANTIES OF ANY KIND THE SUPPORT SERVICES WILL PERFORM CONTINUOUSLY OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESWITHOUT INTERRUPTION, INCLUDINGBE ERROR FREE, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSMEET SUBSCRIBER’S REQUIREMENTS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS BE TIMELY OR ANY MATERIALS SECURE, OR INFORMATION MADE AVAILABLE TO LICENSOR THAT DATA PROVIDED THROUGH NEXT DLP PRODUCTS WILL BE PROVIDED ACCURATE, UP-TO-DATE, COMPLETE OR FREE OF HARMFUL COMPONENTS OR NOT LOST OR DAMAGED. SUBSCRIBER SHALL NOT MAKE OR PASS ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS ANY REPRESENTATION OR IMPLIED, INCLUDING WARRANTY ON BEHALF OF NEXT DLP TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADETHIRD PARTY.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED THE LIMITED WARRANTY IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT AND EXCLUSIVE REMEDIES APPLICABLE TO THE LICENSED KNOW-HOWSOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, IMPROVEMENTSADOBE, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYITS AFFILIATES, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORSUPPLIERS, AND SUCH LICENSED KNOW-HOWCERTIFICATE AUTHORITIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, IMPROVEMENTSCONDITIONS, DOCUMENTATION REPRESENTATIONS, AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESTERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING ANY IMPLIED WARRANTIES BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR A ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, TITLE THE SOFTWARE AND ACCURACYACCESS TO ANY WEBSITES, ADOBE OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-IS AND WITH ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEFAULTS. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE THIS DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH WARRANTY MAY NOT BE VALID IN THIS AGREEMENT SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR OTHERWISE, LICENSOR DISCLAIMED. ADOBE DOES NOT GIVE SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED EXTENT NOT PERMITTED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESLAW. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, INCLUDINGhowsoever caused, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEbut this will not imply or create any continued right to use the Software after termination of this agreement.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY YOU ACKNOWLEDGE AND AGREE THAT XXXXXX IS NOT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OPERATOR, MANUFACTURER, DISTRIBUTOR, RETAILER OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY SUPPLIER OF THE DISCLAIMER SMOKE DETECTOR(S). YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RISK AND HAZARDS ATTRIBUTABLE TO, CONNECTED WITH, OR IN ANY WAY RELATED TO THE OPERATION, MALFUNCTION OR FAILURE OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINTHE SMOKE DETECTOR(S), AND NOTWITHSTANDING ANYTHING ELSE SET FORTH REGARDLESS OF WHETHER SUCH MALFUNCTION OR FAILURE IS ATTRIBUTABLE TO, CONNECTED WITH, OR IN THIS AGREEMENT ANY WAY RELATED TO THE USE, OPERATION, MANUFACTURE, DISTRIBUTION, REPAIR, SERVICING OR INSTALLATION OF SAID SMOKE DETECTOR(S). NO REPRESENTATION, WARRANTIES, UNDERSTANDING OR PROMISES, WHETHER ORAL OR IMPLIED, OR OTHERWISE, LICENSOR DOES NOT GIVE HAVE BEEN MADE BY LESSOR, ITS AGENTS OR EMPLOYEES, TO YOU REGARDING ANY REPRESENTATIONS SMOKE DETECTOR(S), OR WARRANTIES THE ALLEGED PERFORMANCE OF THE SAME. XXXXXX NEITHER MAKES NOR ADOPTS ANY WARRANTY OF ANY KIND NATURE REGARDING SAID SMOKE DETECTOR(S) INCLUDING EXPRESSED OR ASSUME IMPLIED WARRANTIES. LESSOR SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, AND/OR INJURIES TO PERSON(S) OR PROPERTY CAUSED BY (1) YOUR FAILURE TO REGULARLY TEST THE SMOKE DETECTOR(S); (2) YOUR FAILURE TO NOTIFY OWNER OF ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESPROBLEM, INCLUDINGDEFECT, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSMALFUNCTION, OR USEFULNESS FAILURE OF SUCH INFORMATIONTHE SMOKE DETECTOR(S); (3) THEFT OF THE SMOKE DETECTOR(S) OR ITS SERVICEABLE BATTERY; OR (4) FALSE ALARMS PRODUCED BY THE SMOKE DETECTOR(S). ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.Initial

Disclaimer. EXCEPT YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND OF ANY ADVICE, USER CONTENT, INSTRUCTIONS, VIDEOS, INFORMATION, AND OTHER MATERIAL CONTAINED IN OR DESCRIBED ON THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEIS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NO WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESKIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEBSITE, INCLUDING ANY IMPLIED BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYNON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT AND ALL OTHER CONTENT, STATEMENTS, SERVICES, PRODUCTS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGOTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES SET FORTH THAT THE WEBSITE OR USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Third Party Content and Links to Third Party Sites. WE MAY DISPLAY ON THE WEBSITE USER CONTENT, INFORMATION, ADVICE, INSTRUCTIONS, VIDEOS, STATEMENTS, SERVICES, PRODUCTS, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER MATERIALS FROM THIRD PARTIES, INCLUDINGAND LINKS TO THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF SUCH INFORMATION RELATING TO SUCH THIRD PARTY CONTENT, WITHOUT LIMITATIONANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. IN NO EVENT WILL WE BE LIABLE, WITH RESPECT DIRECTLY OR INDIRECTLY TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE ACCURACYWEBSITE, RELEVANCYANY PRODUCTS, COMPLETENESSSERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED LINK CONTAINED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADELINKED SITE.

Disclaimer. THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE GONZOCAR AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY FOR ANY SPECIFIC WARRANTIES OR CONDITIONS PROVIDED IN THIS SECTION 5 ABOVEAN APPLICABLE SUBSCRIPTION AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NO TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR WARRANTIES AND CONDITIONS OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWGONZOCAR AND THE SERVICES, IMPROVEMENTSWHETHER EXPRESS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE STATUTORY OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESCOLLATERAL, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACYANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, RELEVANCYQUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5QUIET ENJOYMENT, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESACCURACY, EXPRESS OR IMPLIEDCURRENCY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYTIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSEOR GENERAL PURPOSE AND NON-INFRINGEMENT, TITLE AND ACCURACY, AND ALL AND/OR ANY WARRANTIES THAT MAY ARISE OR CONDITIONS ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE DEALING OR USAGE OF TRADE, AND/OR THAT THE GONZOCAR AND THE SERVICES ARE OR WILL BE ERROR- FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE GONZOCAR. IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY GONZOCAR FOR WHATEVER REASON, EVEN IF GONZOCAR HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GONZOCAR WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS GONZOCAR HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, GONZOCAR WILL USE REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVETo the extent permitted by applicable law, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWand except as expressly stated in this Agreement, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR THINKTEL MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, FITNESS OF THE SERVICE OR HARDWARE FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYOR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE ANY WARRANTY OR CONDITION THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIESSERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE GENERALITY FOREGOING, THINKTEL PROVIDES NO WARRANTY OR CONDITION THAT THE SERVICE OR HARDWARE WILL PERFORM OR OPERATE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DENIAL OF SERVICE (DOS) ATTACKS, RISK OF TOLL FRAUD, SPIT (SPAM OVER INTERNET TELEPHONY), VOIP PHISHING, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER THINKTEL, ITS AFFILIATES NOR ANY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO THINKTEL OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, 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 THINKTEL'S NEGLIGENT STATEMENTS AND DESCRIPTIONS CONCERNING THE DISCLAIMER OF REPRESENTATIONS SERVICE OR HARDWARE, IF ANY, BY THINKTEL OR THINKTEL AGENTS ARE INFORMATIONAL AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT ARE NOT GIVEN AS A WARRANTY OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES CONDITION OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEKIND.

Disclaimer. EXCEPT AS EXPRESSLY FOR THE WARRANTIES PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT 23 AND TO THE LICENSED KNOW-HOWMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMPROVEMENTSTHE SOFTWARE, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTYAPPLICABLE, INFORMATIONTHE SUBSCRIPTION SERVICES, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORAS APPLICABLE, THE PROFESSIONAL SERVICES, IF ANY, AND SUCH LICENSED KNOW-HOWTHE PRODUCTS, IMPROVEMENTSIF ANY, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY “WITH ALL FAULTS,” AND SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY THE IMPLIED WARRANTIES WARRANTY AND CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE THE USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE FREEDOM FROM ERROR OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING SOFTWARE, AS APPLICABLE, THE GENERALITY OF SUBSCRIPTION SERVICES, AS APPLICABLE, THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREINPROFESSIONAL SERVICES, IF ANY, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT THE PRODUCTS, IF ANY, WILL MEET ALL OF CUSTOMER’S REQUIREMENTS. SUPPLIER MAKES NO EXPRESS OR OTHERWISEIMPLIED WARRANTIES, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, CONDITIONS WITH RESPECT TO ANY THIRD PARTY SOFTWARE, HARDWARE OR SERVICES PROVIDED IN CONNECTION WITH THE ACCURACY, RELEVANCY, COMPLETENESS, SOFTWARE OR USEFULNESS THE SUBSCRIPTION SERVICES. SUPPLIER’S LIMITED WARRANTIES DO NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN MODIFIED OR ALTERED IN ANY MANNER BY ANYONE OTHER THAN SUPPLIER OR ITS AUTHORIZED AGENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS CERTAIN OR ANY MATERIALS EXPRESS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS REPRESENTATIONS, GUARANTEES OR IMPLIEDCONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYSO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, FITNESS FOR A PARTICULAR PURPOSESUCH WARRANTIES, TITLE AND ACCURACYREPRESENTATIONS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGGUARANTEES OR CONDITIONS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD TO THE EXTENT LEGALLY PERMISSIBLE. Nothing in this Agreement excludes, COURSE OF PERFORMANCE OR USAGE OF TRADErestricts, or modifies any right or remedy, or any guarantee, representation, warranty, condition or other term, implied or imposed by any applicable law which cannot lawfully be excluded or limited. This may include any consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, representation, warranty, condition or other term is implied or imposed concerning this Agreement under any consumer law or any other applicable law and cannot be excluded (a “Non-Excludable Provision”), and Supplier is able to limit Customer’s remedy for a breach of the Non-Excludable Provision, then the liability of Supplier for breach of the Non- Excludable Provision is limited to one or more of the following, at Supplier’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the Subscription Services again, or the payment of the cost of having the Subscription Services supplied again. Customer may make such a guarantee claim by contacting the Supplier at the contact details set forth in the Order Form. The parties agree that it is Customer’s responsibility to determine whether the Software, the Subscription Services and the Hardware, in each case, as applicable, are suitable for Customer’s requirements. No other terms, conditions, representations, warranties or guarantees, whether written or oral, express or implied, will form a part of this Agreement or have any legal effect whatsoever.

Disclaimer. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION 7.3 MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DO NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS SECTION 5 ABOVEAGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LICENSOR MAKES NO THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. WE DISCLAIM ANY AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS RESPONSIBILITY OR IMPLIEDLIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYCUSTOMER CONTENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYMENTIONS, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE ANY CONTENT OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED SERVICES PROVIDED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING WE DO NOT CONTROL OR VET CUSTOMER CONTENT OR MENTIONS AND WE ARE NOT RESPONSIBLE FOR WHAT OTHER USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE GENERALITY SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY SUPPORTED PLATFORMS OR THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH SUPPORTED PLATFORMS OR THIRD-PARTY SERVICES. WE EXPRESSLY DENY ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT SERVICES OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS YOUR ACCOUNT OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY THE INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADECONTAINED THEREIN.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEDILIGENT AND ANY THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, NO REPRESENTATIONS CONDITIONS OR WARRANTIES REGARDING THE COMPLETENESS, VERACITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ACCURACY OF THE CONTENT SERVICES OR ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWCOMPONENT THEREOF, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSORANY DELAYS, INTERRUPTIONS OR OMISSIONS. THE CONTENT SERVICES ARE FOR EDUCATIONAL AND SUCH LICENSED KNOW-HOWINFORMATIONAL PURPOSES AND DO NOT CONSTITUTE LEGAL, IMPROVEMENTSACCOUNTING OR OTHER PROFESSIONAL ADVICE. CONTENT SERVICES SHOULD NOT BE DEEMED TO SET FORTH ALL APPROPRIATE PROCEDURES, DOCUMENTATION TESTS OR CONTROLS OR TO SUGGEST THAT OTHER PROCEDURES, TESTS OR CONTROLS THAT ARE NOT INCLUDED MAY NOT BE APPROPRIATE. CLIENT AND OTHER LICENSOR INTELLECTUAL PROPERTYITS USERS ARE RESPONSIBLE FOR APPLYING PROFESSIONAL JUDGEMENT AND APPROPRIATE PROCEDURES, INFORMATION, MATERIALS TESTS OR CONTROLS. THE CONTENT SERVICES AND SERVICES ANY COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT CLIENT’S USE OF COURSE OF DEALINGTHE CONTENT SERVICES IS AT CLIENT’S OWN RISK. DILIGENT AND ANY THIRD-PARTY PROVIDERS ARE NOT LIABLE FOR THE DATA, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS DATA STRUCTURE, METADATA, METRICS, CHARTS, GRAPHS, LITERATURE, OR OTHER THIRD PARTIES. WITHOUT LIMITING CONTENT IN ANY FORM AND ANY DERIVATIVES THEREOF, (INCLUDING, WHERE APPLICABLE, ALL UPDATES TO THE GENERALITY FOREGOING) IN EACH CASE INCLUDED IN THE CONTENT SERVICES OR ANY DECISION OR CONSEQUENCE BASED ON USE OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEFOREGOING.

Disclaimer. EXCEPT ANY EXPRESS WARRANTIES AS EXPRESSLY PROVIDED MAY BE SET FORTH IN THIS SECTION 5 ABOVETHE AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE PRODUCTS, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION SERVICES AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASISDELIVERABLES. LICENSOR MAKES NO AND HEREBY MOODY’S EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS WHETHER ORAL OR IMPLIEDWRITTEN, INCLUDING ANY IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITYACCURACY, TIMELINESS, COMPLETENESS, RESULTS, AND THE IMPL IED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE EVEN IF MOODY’S HAS BEEN INFORMED OF SUCH PURPOSE, OR ANY REPRESENTATIONS AND ACCURACYWARRANTIES ARISING FROM COURSE OF PERFORMANCE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MOODY’S SHALL NOT BE RESPONSIBLE FOR ANY USE OF THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED PRODUCTS, SERVICES OR DELIVERABLES BY CLIENT AND/OR FOR CUSTOMERS OR OTHER THIRD PARTIESAUTHORIZED USERS. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER FOREGOING, MOODY’S DOES NOT WARRANT OR GUARANTEE THAT THE PRODUCTS, SERVICES OR DELIVERABLES WILL ACCURATELY PREDICT COUNTERPARTY RISK, CREDIT RISK OR LOSS, OR PREVENT BAD DECISIONS REGARDING EXTENSIONS OF REPRESENTATIONS AND WARRANTIES CREDIT, INVESTMENTS, LOANS, OR OTHER BUSINESS ACTIVITIES, NOR SHALL MOODY’S BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY SUCH DECISIONS. MOODY’S MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO HARDWARE OR NETWORK DOWNTIME, INTERFERENCE, BANDWIDTH, INTERRUPTION, OUTAGE, OR QUALITY OR SPEED OF ACCESS OR TRANSMISSION OF DATA OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. NO EMPLOYEE, DEALER, DISTRIBUTOR, REPRESENTATIVE OR AGENT OF XXXXX’X IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF MOODY’S AS SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR . THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED DISCLAIMERS IN THIS SECTION 5AND ELSEWHERE IN THE AGREEMENT ARE MADE ON BEHALF OF MOODY’S , LICENSEE MAKES NO ITS AFFILIATES AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEITS LICENSORS.

Disclaimer. EXCEPT AS FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS EXPRESSLY PROVIDED SET FORTH IN SECTION 4.1 OR THIS SECTION 5 ABOVE11, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOWFULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY NOVAVAX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESREPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY FACT OR LAW, INCLUDING ANY IMPLIED REPRESENTATIONS, WARRANTIES AND COVENANTS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SATISFACTORY QUALITY, NON-INFRINGEMENT AND ACCURACY, AND ALL ANY REPRESENTATIONS OR WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALINGOR CONDITIONS OR GUARANTEES ARISING FROM STATUTE, COURSE OF PERFORMANCE DEALING OR USAGE OF TRADE. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION. FURTHER, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH NOTHING CONTAINED IN THIS AGREEMENT OR OTHERWISESHALL BE CONSTRUED AS A WARRANTY, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYTHAT NOVAVAX WILL OBTAIN A POSITIVE CLINICAL OUTCOME OR THAT THE PRODUCT WILL RECEIVE REGULATORY APPROVAL FOR COMMERCIAL USE 12. Limitation of Liability. 12.1. [***]. [***]. 12.2. Cap On Damages. EXCEPT WITH RESPECT TO CLAIMS FOR, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE UNDER OR ARISING OUT OF COURSE (A) A PARTY’S BREACH OF DEALINGSECTION 1312, COURSE OF PERFORMANCE (B) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR USAGE OF TRADEFRAUD OR (C) CLAIMS FOR WHICH A PARTY HAS AN INDEMNIFICATION OBLIGATION PURSUANT TO SECTION 9.3, IN NO EVENT WILL NOVAVAX’ LIABILITY TO CUSTOMER EXCEED [***]. 13.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ENDO AND PENWEST ARE GIVEN BY LICENSOR WITH RESPECT TO LICENSING THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED PATENTS TO IMPAX ON AN “AS IS” BASIS. LICENSOR MAKES ENDO AND PENWEST MAKE NO WARRANTIES EITHER EXPRESS OR IMPLIED OF ANY KIND, AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER DISCLAIM ANY WARRANTIES, EXPRESS REPRESENTATIONS OR IMPLIEDGUARANTEES OF ANY KIND AS TO THE LICENSED PATENTS AND THE SUBJECT OF ANY LICENSE OR COVENANT NOT TO XXX HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FITNESS, ADEQUACY OR SUITABILITY FOR A PARTICULAR PURPOSE, TITLE AND ACCURACYUSE OR RESULT, AND ALL ANY WARRANTIES THAT MAY ARISE OF FREEDOM OF INFRINGEMENT OF ANY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS. NEITHER ENDO, PENWEST, NOR ANY EMPLOYEE OR AGENT OF EITHER OF THEM, SHALL HAVE ANY LIABILITY TO IMPAX, OR ITS AFFILIATES, OR ANY OTHER PERSON ARISING OUT OF COURSE THE USE OF DEALINGTHE LICENSED PATENTS, COURSE INCLUDING TO THE LACK OF PERFORMANCE MERCHANTABILITY, INADEQUACY OR USAGE UNSUITABILITY OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY LICENSED Settlement and License Agreement PATENTS FOR ANY PARTICULAR PURPOSE OR TO PRODUCE ANY PARTICULAR RESULT, OR FOR CUSTOMERS ANY LATENT DEFECTS THEREIN. ENDO AND PENWEST AND THEIR AFFILIATES, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUFFERED BY IMPAX OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST PROFITS OR BUSINESS REVENUE OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES ECONOMIC LOSS OF ANY KIND WHATSOEVER, WHETHER OR ASSUME ANY LEGAL LIABILITY NOT SUCH DAMAGES ARE FORESEEABLE OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY ENDO, PENWEST OR FOR THEIR AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS HAVE BEEN ADVISED OF THE CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS POSSIBILITY OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEDAMAGES.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED EXCLUDING ANY OTHER REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS SECTION 5 ABOVEAGREEMENT, NO REPRESENTATIONS OR WARRANTIES OF THE SOFTWARE AND ANY KIND ARE GIVEN LICENSOR MATERIALS FURNISHED BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS WITHOUT ANY FURTHER WARRANTIES OR IMPLIEDREPRESENTATIONS, INCLUDING ANY EXPRESS, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYQUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY. LICENSOR, AND ALL ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUPPLIERS, OR AGENTS (THE “LICENSOR PARTIES”) DO NOT WARRANT THAT THE SOFTWARE AND ANY LICENSOR MATERIALS WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE AND ANY LICENSOR MATERIALSWILL BE ERROR FREE. ANY WARRANTIES THAT MAY ARISE OUT OF IMPLIED BY LAW, BY THE COURSE OF DEALINGDEALING BETWEEN THE PARTIES, COURSE OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE LICENSOR PARTIES DO NOT WARRANT THAT THE USE OF PERFORMANCE THE SOFTWARE ALLOWED HEREUNDER SHALL RESULT IN ANY PARTICULAR LEVEL OR USAGE TYPE OF TRADEFINANCIAL RESULTS FOR LICENSEE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE CONSIDERATION CHARGED FOR THE LICENSES AND OPPORTUNITIES PROVIDED HEREUNDER.

Disclaimer. EXCEPT AS EXPRESSLY PROVIDED SET OUT IN THIS SECTION 5 ABOVE, NO REPRESENTATIONS OR WARRANTIES OF 9.1: (A) THE SERVICE AND ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS PRODUCTS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES THOUGHTFARMER TO CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO ”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; (B) THOUGHTFARMER HEREBY EXPRESSLY DISCLAIMS ALL OTHER EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, EXPRESS REPRESENTATIONS OR IMPLIEDCONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE ; (C) THOUGHTFARMER DOES NOT WARRANT THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR FOR CUSTOMERS OR OTHER THIRD PARTIES. BE ERROR FREE; AND (D) WITHOUT LIMITING THE GENERALITY OF ANY OF THE DISCLAIMER FOREGOING, THOUGHTFARMER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF REPRESENTATIONS THE SERVICE (INCLUDING ALERTS AND WARRANTIES SET FORTH HEREINRECOMMENDATIONS) IS ACCURATE, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS CAN OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY SHOULD BE RELIED UPON BY CUSTOMER FOR ANY INFORMATION THAT PURPOSE WHATSOEVER.THOUGHTFARMER IS CREATED BY NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE CUSTOMERS FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY SERVICE, NETWORK, SOFTWARE OR OTHER THIRD PARTIESHARDWARE, INCLUDINGINCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, WITHOUT LIMITATIONHOSTING SERVICES UTILIZED BY THOUGHTFARMER, WITH RESPECT TO THE ACCURACY, RELEVANCY, COMPLETENESSTELECOMMUNICATIONS PROVIDERS, OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS ANY SOFTWARE OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE HARDWARE NOT PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADEBY THOUGHTFARMER.

Disclaimer. EXCEPT All CONTENT IS PROVIDED ON AN "AS EXPRESSLY PROVIDED IN THIS SECTION 5 ABOVEIS" AND "AS AVAILABLE" BASIS, NO REPRESENTATIONS WITHOUT ANY EXPRESS OR WARRANTIES IMPLIED WARRANTY OF ANY KIND ARE GIVEN BY LICENSOR WITH RESPECT TO THE LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES PROVIDED BY OR FOR LICENSOR, AND SUCH LICENSED KNOW-HOW, IMPROVEMENTS, DOCUMENTATION AND OTHER LICENSOR INTELLECTUAL PROPERTY, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE . IN NO EVENT SHALL CORE & MAIN OR USAGE OF TRADE. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE DOCUMENTATION MAY CONTAIN INFORMATION THAT IS CREATED BY OR FOR CUSTOMERS OR OTHER THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THIS AGREEMENT OR OTHERWISE, LICENSOR DOES NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY ITS SUPPLIERS BE LIABLE FOR ANY INFORMATION THAT IS CREATED BY OR FOR THE CUSTOMERS OR OTHER THIRD PARTIES, DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WITH RESPECT DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF CORE & MAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CORE & MAIN AND ITS SUPPLIERS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT. CORE & MAIN MAKES NO COMMITMENT TO UPDATE THE CONTENT. FURTHER, CORE & MAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITE LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT, OR USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CORE & MAIN SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. LIMITATION OF LIABILITY CORE & MAIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE ACCURACYUSE OR THE INABILITY TO USE THIS SITE, RELEVANCY, COMPLETENESS, ITS CONTENT OR USEFULNESS OF SUCH INFORMATION. ALL LICENSEE IMPROVEMENTS OR ANY MATERIALS OR INFORMATION MADE AVAILABLE TO LICENSOR WILL BE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, LICENSEE MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDLINKS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITYBUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, FITNESS FOR A PARTICULAR PURPOSEOMISSIONS, TITLE AND ACCURACYINTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL WARRANTIES THAT MAY ARISE OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF CORE & MAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, CORE & MAIN'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF COURSE YOUR USE OF DEALINGTHIS SITE, COURSE OF PERFORMANCE ITS CONTENT OR USAGE OF TRADELINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE. REVISION Core & Main may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, or the products described therein in whole or in part, at any time without notice. You agree that Core & Main shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then- current web site Terms to which you are bound.