Common use of AVAILABILITY AND NO WARRANTY BY POLAR Clause in Contracts

AVAILABILITY AND NO WARRANTY BY POLAR. THE LICENSED MATERIALS AND ACCESS TO POLAR ECOSYSTEM ARE PROVIDED “AS IS.” POLAR AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE LICENSED MATERIALS, INCLUDING ANY WARRANTY THAT LICENSED MATERIALS AND/OR ACCESS TO POLAR ECOSYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT AND/OR DATA, INCLUDING CONTENT PROVIDED BY YOU OR ANY THIRD PARTY, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. FURTHER, NEITHER POLAR NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE LICENSED MATERIALS AND/OR ACCESS TO POLAR ECOSYSTEM, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO POLAR ECOSYSTEM, (II) YOUR DISCONTINUATION OF OR YOUR USE OF OR ACCESS TO POLAR ECOSYSTEMOR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE POLAR ECOSYSTEM FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO POLAR ECOSYSTEM; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. 10 LIMITATION OF LIABILITY POLAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING BUSINESS INTERRUPTION, OR ANY LOSS OF BUSINESS, ANTICIPATED SAVINGS, REVENUE, GOODWILL, ADMIN TIME, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME, LOSS OF REPUTATION OR OF DATA) INCLUDING NEGLIGENCE, WHETHER IN CONTRACT OR TORT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY. YOU SHALL USE REASONABLE EFFORTS TO MITIGATE THE LOSS SUFFERED. POLAR’S AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO FIVE HUNDRED EUROS (500 !). 11 NO UPDATES, VERSIONS, MAINTENANCE OR SUPPORT Polar shall not have any obligations to provide any updates or new versions of Licensed Material, or maintenance or support for Licensed Materials. Polar shall, however, have the right, within its sole discretion, to provide updates or new versions and offer support services. In such case fees, if any, payable by You to Polar shall be agreed separately.

AVAILABILITY AND NO WARRANTY BY POLAR. THE LICENSED MATERIALS AND ACCESS TO POLAR ECOSYSTEM ARE PROVIDED “AS IS.” POLAR AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE LICENSED MATERIALS, INCLUDING ANY WARRANTY THAT LICENSED MATERIALS AND/OR ACCESS TO POLAR ECOSYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT AND/OR DATA, INCLUDING CONTENT PROVIDED BY YOU OR ANY THIRD PARTY, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. FURTHER, NEITHER POLAR NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE LICENSED MATERIALS AND/OR ACCESS TO POLAR ECOSYSTEM, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO POLAR ECOSYSTEM, (II) YOUR DISCONTINUATION OF OR YOUR USE OF OR ACCESS TO POLAR ECOSYSTEMOR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE POLAR ECOSYSTEM FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO POLAR ECOSYSTEM; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. 10 LIMITATION OF LIABILITY POLAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING BUSINESS INTERRUPTION, OR ANY LOSS OF BUSINESS, ANTICIPATED SAVINGS, REVENUE, GOODWILL, ADMIN TIME, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME, LOSS OF REPUTATION OR OF DATA) INCLUDING NEGLIGENCE, WHETHER IN CONTRACT OR TORT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY. YOU SHALL USE REASONABLE EFFORTS TO MITIGATE THE LOSS SUFFERED. POLAR’S AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO FIVE HUNDRED EUROS (500 !€). 11 NO UPDATES, VERSIONS, MAINTENANCE OR SUPPORT Polar shall not have any obligations to provide any updates or new versions of Licensed Material, or maintenance or support for Licensed Materials. Polar shall, however, have the right, within its sole discretion, to provide updates or new versions and offer support services. In such case fees, if any, payable by You to Polar shall be agreed separately.