Common use of Disclaimer and Limitation of Liability Clause in Contracts

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN 3.1 OFAI does not make any representations or warranties with respect to the OFAI Program, which is provided on an “AS IS” AND and on an “AS AVAILABLE” BASISbasis. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR OFAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDNATURE, WHETHER EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING BUT NOT LIMITED TO THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLECOMPLETENESS OR ACCURACY, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWLAWS. OFAI SHALL NOT BE LIABLE FOR ANY LOSSES, EXPENSES OR DAMAGES OF ANY NATURE, INCLUDING SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST OR DAMAGED DATA OR LOST INCOME OR PROFITS, RESULTING FROM OR ARISING OUT OF THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, WHETHER ARISING IN TORT, CONTRACT, STATUTE, OR OTHERWISE, EVEN IF OFAI HAS BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY THEREOF. IN NO EVENT WILL OFAI’S LIABILITY FOR DAMAGES ARISING FROM THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR CANDIDATE’S PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYOFAI PROGRAM, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED AGGREGATE, EXCEED THE APPLICATION FEES PAID BY SPONSOR THE CANDIDATE TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESOFAI. 3.2 The Candidate hereby forever releases from liability, and waives any claim against OFAI and its officers, directors, employees, representatives and agents for all acts or omissions which may adversely affect the Candidate in any way whatsoever, including inability to acquire employment, loss of employment or promotion and dismissal from any employment. 3.3 The Candidate hereby agrees to indemnify and hold and its officers, directors, employees, representatives and agents, harmless from and against any and all loss, liability, damage, claim, suit, demand and expense, including without limitation legal fees, arising in connection with or related to any act or omission (including without limitation any breach of this Agreement) of or by the Candidate.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWExcept as expressly set forth herein, SPONSOR DISCLAIMS ALL WARRANTIES NEITHER PARTY MAKES ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESSAND EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR ANY WARRANTIES OF NON-INFRINGEMENTINFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE COMPANY’S LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO TO, IN WHOLE OR IN PART, THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIESAGREEMENT, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN SERVICES OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED THE COMPETITION RULESAGGREGATE AMOUNTS PAID BY AVEDRO TO COMPANY UNDER THIS AGREEMENT; PROVIDED, HOWEVER THAT SUCH LIMIT SHALL NOT APPLY TO LIABILITY ARISING FROM A BREACH OF SECTION 4 OR AVEDRO’s CLAIM FOR INDEMNIFICATION FROM COMPANY PURSUANT TO SECTION 6(b). EXCEPT FOR LIABILITY FOR BREACH OF SECTION 4, UNDER NO CIRCUMSTANCES WHATSOEVER WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSSES RESULTING FROM BUSINESS INTERRUPTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING HEREIN TO THE MAXIMUM EXTENT PERMITTED CONTRARY, EVERYTHING PROVIDED BY APPLICABLE LAWWU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, SPONSOR DISCLAIMS ALL WARRANTIES MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESSED OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE FULLEST EXTENT PERMITTED PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY APPLICABLE LAW, WU UNDER THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) SHALL WU OR LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND LICENSEE’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION SHALL NOT EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES[***].

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS NCM PROVIDES ALL NCM CONTENT AND ALL SERVICES PERFORMED BY NCM UNDER THIS AGREEMENT "AS-IS” " AND “AS "AS-AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING BUT REGARDING THE NCM CONTENT OR SUCH SERVICES, AND ADVERTISER HAS NOT LIMITED TO RELIED ON ANY REPRESENTATIONS OR WARRANTIES OF NCM REGARDING THE NCM CONTENT OR SUCH SERVICES. NCM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE NCM CONTENT AND SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS. NCM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO NCM UNDER THIS AGREEMENT DURING THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY NCM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR PROFITS, OR COSTS OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF FROM OR RELATING TO THIS AGREEMENT AGREEMENT, HOWEVER CAUSED AND YOUR PARTICIPATION IN UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF NCM HAS BEEN ADVISED OF THE COMPETITION EXCEED $10POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF ANY UNEXCUSED FAILURE BY NCM TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT WILL AFFECT ONLY THE OBLIGATION WITH RESPECT TO WHICH THE FAILURE OCCURRED AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION WILL IN NO WAY AFFECT ANY OTHER OBLIGATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF NCM UNDER THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FOREGOING, ADVERTISER’S SOLE AND EXCLUSIVE REMEDY FOR NCM’S FAILURE TO EXHIBIT THE ADVERTISING AS SET FORTH ON THE ORDER WILL BE FOR NCM TO “MAKE-GOOD” (MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD OF ESSENTIAL PURPOSE REASONABLY COMPARABLE VALUE FOR THE RE-EXHIBITION OF ANY LIMITED REMEDY IN THIS AGREEMENT OR SUCH ADVERTISING) WITHIN A REASONABLE TIME PERIOD FOLLOWING NOTICE OF THE COMPETITION RULESFAILURE FROM ADVERTISER.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE EXCEPT AS SPECIFICALLY PROVIDED TO YOU ON AN “AS IS” IN SECTION 7.1 ABOVE, HSA AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFOUNDRY HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KINDWRITTEN OR ORAL, WHETHER EXPRESSSTATUTORY, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO THE TO, WARRANTIES OF DESIGN, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEUSE OR PURPOSE OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, TITLETRADE USAGE OR TRADE PRACTICE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, ORAL OR WRITTEN INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF PRODUCTS, WHETHER MADE BY HSA, FOUNDRY OR THEIR EMPLOYEES, AGENTS OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY TO CUSTOMER FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF HSA OR FOUNDRY, THEIR AGENTS OR EMPLOYEES WHATSOEVER. SPECIFICATION OF ANY ACCEPTANCE CRITERIA CONCERNING ANY ITEM TO BE DELIVERED PURSUANT TO THIS AGREEMENT SHALL NOT BE DEEMED TO CONSTITUTE A WARRANTY WITH RESPECT TO SUCH ITEM. NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING FROM ANY PERFORMANCE OR FAILURE TO PERFORM, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHALL DAMAGES BE MORE THAN THE AGGREGATE LIABILITY NONRECURRING ENGINEERING COST TO A LIQUIDATED DAMAGE MAXIMUM OF TEN THOUSAND DOLLARS FOR THE COMPETITION PARTIES (AS DEFINED IN DESIGN WORK OF ANY PRODUCT ORDERED BY CUSTOMER. THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT PROVISIONS HEREOF SHALL BE THE SOLE AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES EXCLUSIVE REMEDY FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS ANY BREACH OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING HEREIN TO THE MAXIMUM EXTENT PERMITTED CONTRARY, EVERYTHING PROVIDED BY APPLICABLE LAWWU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, SPONSOR DISCLAIMS ALL WARRANTIES MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESSED OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE FULLEST EXTENT PERMITTED PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY APPLICABLE LAW, WU UNDER THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) SHALL WU OR LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND LICENSEE’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT AND YOUR PARTICIPATION IN SHALL NOT EXCEED THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, PAYMENTS MADE OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF PAYMENTS DUE UNDER THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES, RESPECTIVELY.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR IRCTC DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR ANY PURPOSE. IRCTC SHALL HAVE NO CONSEQUENTIAL, TITLESPECIAL, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWINDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN NO EVENT WILL THE AGGREGATE LIABILITY CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS API AGREEMENT, EVEN IF ADVISED OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT POSSIBILITY OF OR RELATING TO THIS AGREEMENT SUCH LIABILITY AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY REMEDY. ADDITIONALLY, IRCTC SHALL HAVE NO DIRECT LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS API AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT ANY OF THE ABOVE IS NOT ENFORCEABLE, IRCTC'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO IRCTC BY YOU FOR THE API SERVICES IN THE MONTH PRECEDING THE CLAIM. THE API IS MADE AVAILABLE PRIMARILY AS A CONVENIENCE TO IRCTC'S USERS AND AS SUCH YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT OR (INCLUDING WITHOUT LIMITATION THIS SECTION AND SECTION IV(2)) ARE A FAIR ALLOCATION OF RISK AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE COMPETITION RULESMODEST FEES CHARGED BY IRCTC.

Disclaimer and Limitation of Liability. 11.1. You acknowledge that the liability limitations and warranty disclaimers in this XXXX are independent of any remedies hereunder and shall apply regardless of whether any remedy fails of its essential purpose. You acknowledge that the limitations of liability set forth in this XXXX are integral to the amount of consideration offered and charged in connection with the Software provided by eMDs and that, were eMDs to assume any further liability other than as provided herein, such consideration would of necessity be set substantially higher. 11.2. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, THE COMPETITION MATERIALS ARE SOFTWARE IS PROVIDED TO YOU ON AN “"AS IS” AND ," “AS AVAILABLE” BASIS. YOUR ; YOU AGREE THAT USE OF THE COMPETITION MATERIALS SOFTWARE IS AT YOUR OWN SOLE RISK. ; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR EMDS EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KINDWITH RESPECT TO THE SOFTWARE INCLUDING, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND NON-INFRINGEMENTUSAGE. EMDS DOES NOT WARRANT THAT DEFECTS IN THE EMDS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMDS OR ANY EMDS REPRESENTATIVE OR RESELLER SHALL CREATE A WARRANTY. EMDS DOES NOT WARRANT THAT THE SOFTWARE WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT OR MEET A PARTICULAR NEED. TO THE FULLEST EXTENT PERMITTED THAT UPDATED VERSIONS OF THE SOFTWARE ARE DEVELOPED AND RELEASED BY APPLICABLE LAWEMDS, YOU ASSUME ALL RISKS ASSOCIATED WITH USING OLDER VERSIONS OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE RISK OF USING OUTDATED CLINICAL CONTENT. 11.3. CERTAIN SOFTWARE PROVIDED BY EMDS UTILIZES THE INTERNET. EMDS DOES NOT WARRANT THAT SUCH SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. EMDS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM EMDS' OR YOUR NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ACCORDINGLY, EMDS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 11.4. INFORMATION PROVIDED BY THE AMERICAN MEDICAL ASSOCIATION (AMA) IS FOR MEDICAL CODING PURPOSE ONLY, AND DOES NOT CONSTITUTE CLINICAL ADVICE, DOES NOT DICTATE PAYER REIMBURSEMENT POLICY, AND DOES NOT SUBSTITUTE FOR THE PROFESSIONAL JUDGEMENT OF THE PRACTITIONER PERFORMING A PROCEDURE, WHO REMAINS RESPONSIBLE FOR CORRECT CODING. INFORMATION OBTAINED FROM CPT® KNOWLEDGE BASE DOES NOT REPLACE THE AMA'S CURRENT PROCEDURAL TERMINOLOGY AND OTHER APPROPRIATE CODING AUTHORITY. THE INFORMATION CONTAINED IN THE CPT® KNOWLEDGE BASE SHOULD ONLY BE USED AS A GUIDE FOR YOUR OWN USE AND SHOULD NOT BE DISSEMINATED IN ANY WAY. IN NO EVENT IS EMDS OR THE AMA LIABLE TO YOU FOR ANY LOSS OR DAMAGE. 11.5. IN NO EVENT SHALL EMDS OR ANY PROVIDER OF THIRD PARTY ITEMS BE LIABLE TO CUSTOMER, YOU OR ANY THIRD PARTY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF EMDS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL THE AGGREGATE SHALL EMDS’ OR ITS LICENSORS’ TOTAL LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF FROM OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION OR CUSTOMER’S USE OF THE SOFTWARE EXCEED AN AMOUNT EQUAL TO FEES PAID BY YOU OR CUSTOMER, RESPECTIVELY, TO EMDS FOR THE SOFTWARE IN THE COMPETITION EXCEED $10. EACH PROVISION THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT EVEN IF EMDS HAS BEEN APPRISED OF THE BASIS POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. 11.6. ANY ACTION RELATING TO THIS XXXX, OTHER THAN COLLECTION OF OUTSTANDING PAYMENTS, MUST BE COMMENCED WITHIN TWO YEARS AFTER THE BARGAIN BETWEEN DATE UPON WHICH THE PARTIESCAUSE OF ACTION ACCRUED OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 11.7. EACH OF THESE PROVISIONS IS SEVERABLE YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST EMDS, INCLUDING EMDS’ PAST OR PRESENT EMPLOYEES OR AGENTS, SHALL BE BROUGHT INDIVIDUALLY AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY LIMITED REMEDY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN THIS AGREEMENT OR THE COMPETITION RULESA CLASS ACTION AGAINST EMDS.

Disclaimer and Limitation of Liability. TO THE COMPETITION MATERIALS ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “BOX SERVICE” IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON- INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. BOX AND “EDUCATIONAL INSTITUTION MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE BOX SERVICE FOR USE FOR YOUR PURPOSES, EXCEPT AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOTHERWISE PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER EDUCATIONAL INSTITUTION, BOX, NOR INTERNET2, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY KINDINDIRECT, WHETHER EXPRESSCONSEQUENTIAL, IMPLIEDEXEMPLARY, PUNITIVE, SPECIAL, OR STATUTORYINCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE BOX SERVICE FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTBOX SERVICE. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) BOX, EDUCATIONAL INSTITUTION AND INTERNET2 AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT AND YOUR PARTICIPATION WILL BE LIMITED IN THE COMPETITION EXCEED AGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT 5.00) OR THE COMPETITION RULESMINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.

Disclaimer and Limitation of Liability. 10.1 The Product(s) are intended to detect and disclose potential risks in Customer’s system with great accuracy. HOWEVER, THE COMPETITION MATERIALS PRODUCT(S) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, EITHER EXPRESSED OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. FOR THE AVOIDANCE OF DOUBT, TITLESECUNIA DOES NOT WARRANT THAT (A) OPERATION OF ANY OF THE PRODUCT(S) SHALL BE UNINTERRUPTED OR ERROR FREE, (B) THAT FUNCTIONS CONTAINED IN THE PRODUCT(S) SHALL OPERATE IN COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER OR MEET CUSTOMER'S REQUIREMENTS, OR (C) THAT THE PRODUCT(S) WILL DETECT ALL VULNERABILITIES. 10.2 Customer accepts that any information provided by Xxxxxxx is general information only and is not to be deemed as advice. Secunia will use reasonable business efforts to ensure that any information provided by Secunia is accurate. HOWEVER, SECUNIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF SUCH INFORMATION. ACCORDINGLY, XXXXXXX DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSS SUFFERED AS A RESULT OF CUSTOMER'S USE OF OR RELIANCE ON THE INFORMATION PROVIDED BY SECUNIA WHETHER PROVIDED BY, CONTAINED IN, OR ACCESSED THROUGH THE PRODUCT(S), AS IT REMAINS CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USEFULNESS OF ANY SUCH INFORMATION. 10.3 SECUNIA SHALL IN NO EVENT WILL THE AGGREGATE LIABILITY BE LIABLE TO CUSTOMER (OR ANY OTHER PERSON OR ENTITY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULESSUBSTITUTE GOODS AND PRODUCT(S); LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION ON ANY THEORY OF LIABILITY, DISCLAIMER OF WARRANTIESWHETHER IN CONTRACT, STRICT LIABILITY, OR EXCLUSION TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF DAMAGES THE PRODUCT(S) OR ANY LINKED PRODUCTS INCLUDING CUSTOMER'S USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 10.4 ALL LIABILITY OF SECUNIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT, HOWSOEVER ARISING, SHALL BE LIMITED TO TWO TIMES THE TOTAL CONTRACT VALUE, BUT IN NO CASE MORE THAN USD 500,000. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). 10.5 CUSTOMER ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS AND CONDITIONS REFLECT THE ALLOCATION OF RISK NEGOTIATED AND AGREED TO ALLOCATE BY THE RISKS OF PARTIES AND THAT SECUNIA WOULD NOT ENTER INTO THIS AGREEMENT BETWEEN THE PARTIESWITHOUT THESE LIMITATIONS AND EXCLUSIONS ON ITS LIABILITY. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT THESE LIMITATIONS AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES EXCLUSIONS WILL APPLY NOTWITHSTANDING THE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESREMEDY. 10.6 To the extent permitted by law, any condition, warranty or representation which would otherwise be implied into these Terms and Conditions including without limitation, any warranty or merchantability, title, non-infringement or fitness for a particular purpose or use is hereby excluded. 10.7 Nothing in clause 10 shall be construed to limit Secunia's liability under the mandatory provisions of applicable product liability rules. Any product liability is, however, disclaimed to the farthest extent possible.

Disclaimer and Limitation of Liability. Sponsor shall not be responsible (to the extent it can limit or exclude its liability under applicable law) for any circumstances beyond its control, including any act or default by a third party supplier (such as the actions of any Hosts or cancellations, delays, diversions or substitution or any other acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any related services or accommodations), any postponement or cancellation of the Competition, or failure by any Semifinalist, Finalist or Winner to take advantage of a prize due to health or any other reason. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT THE SPONSOR IS UNABLE TO PROMISE THAT YOUR USE OF THE COMPETITION MATERIALS IS AT WILL BE UNINTERRUPTED, WITHOUT DELAYS, ERROR-FREE OR MEET YOUR OWN RISK. EXPECTATIONS AND THE SPONSOR DOES NOT GIVE ANY COMMITMENT RELATING TO THE MAXIMUM PERFORMANCE OR AVAILABILITY OF THE COMPETITION MATERIALS AND, TO THE EXTENT PERMITTED THE SPONSOR IS ABLE TO DO SO, THE SPONSOR EXCLUDES ANY COMMITMENTS THAT MAY BE IMPLIED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEtitle, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO THE EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED OR THIS AGREEMENT, OUR responsibility TO YOU WILL NEVER BE MORE THAN $10. IN EVERY CASE WE WILL NEVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES. Nothing in these Official Rules excludes or limits the Sponsor’s liability to you for matters that it would be unlawful for the Sponsor to exclude or limit its liability, including death or personal injury caused by the Sponsor's negligence, or loss caused by a false statement where the statement is made fraudulently.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING HEREIN TO THE MAXIMUM EXTENT PERMITTED CONTRARY, EVERYTHING PROVIDED BY APPLICABLE LAWWU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, SPONSOR DISCLAIMS ALL WARRANTIES MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESSED OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE FULLEST EXTENT PERMITTED PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY APPLICABLE LAW, WU UNDER THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) SHALL WU OR LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND LICENSEE’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT AND YOUR PARTICIPATION IN SHALL NOT EXCEED THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, PAYMENTS MADE OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF PAYMENTS DUE UNDER THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES, RESPECTIVELY.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE SOFTWARE IS PROVIDED TO YOU ON AN “AS AS-IS” AND “AS AVAILABLE” BASIS”. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR AEROSAT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDREGARDING THE SOFTWARE AND THIRD PARTY SOFTWARE, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING ANY WARRANTY OF PERFORMANCE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, . THE ENTIRE RISK AS TO ITS USE OF THE SOFTWARE AND NON-INFRINGEMENTTHIRD PARTY SOFTWARE IS ASSUMED BY USER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) AEROSAT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF FROM OR RELATING TO Confidential and Proprietary 2 Gogo LLC THIS AGREEMENT AND YOUR PARTICIPATION IN AGREEMENT, THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND SOFTWARE OR THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYTHIRD PARTY SOFTWARE, DISCLAIMER OF WARRANTIESWHETHER, INDIRECT, INCIDENTAL, OR EXCLUSION CONSEQUENTIAL, INCLUDING FROM USER’S USE OR INABILITY TO USE SAME, EVEN IF AEROSAT IS AWARE OF DAMAGES IS THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AEROSAT WILL HAVE NO OBLIGATION HEREUNDER TO ALLOCATE PROVIDE ANY SUPPORT OR MAINTENANCE FOR THE RISKS OF THIS AGREEMENT BETWEEN SOFTWARE TO USER. ANY SUPPORT OR MAINTENANCE OBLIGATIONS FOR THE PARTIES. THIS ALLOCATION IS REFLECTED IN SOFTWARE WILL BE COVERED BY, AND SUBJECT TO THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF CONDITIONS OF, ANY AEROSAT WARRANTY COVERING THE BASIS OF THE BARGAIN BETWEEN THE PARTIESSYSTEM. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF FOREGOING, THIS PARAGRAPH WILL NOT LIMIT ANY LIMITED REMEDY AEROSAT LIABILITY OR OBLIGATIONS TO USER THAT EXIST UNDER ANY AEROSAT SYSTEM WARRANTY OR SUPPLY AGREEMENT IN THIS AGREEMENT OR THE COMPETITION RULESPLACE BETWEEN USER AND AEROSAT.

Disclaimer and Limitation of Liability. TO THE COMPETITION MATERIALS ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AWS SERVICE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. OSU MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE AWS SERVICE FOR USE FOR YOUR PURPOSES, EXCEPT AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOTHERWISE PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER OSU NOR ANY OF ITS TRUSTEES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY KINDINDIRECT, WHETHER EXPRESSCONSEQUENTIAL, IMPLIEDEXEMPLARY, PUNITIVE, SPECIAL, OR STATUTORYINCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE AWS SERVICE FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTAWS SERVICE. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) OSU AND ITS TRUSTEES, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT AND YOUR PARTICIPATION WILL BE LIMITED IN THE COMPETITION EXCEED AGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT 5.00) OR THE COMPETITION RULESMINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR GOOGLE DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR ANY PURPOSE. GOOGLE SHALL HAVE NO CONSEQUENTIAL, TITLESPECIAL, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWINDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN NO EVENT WILL THE AGGREGATE LIABILITY CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS ADWORDS API AGREEMENT, EVEN IF ADVISED OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT POSSIBILITY OF OR RELATING TO THIS AGREEMENT SUCH LIABILITY AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY REMEDY. ADDITIONALLY, GOOGLE SHALL HAVE NO DIRECT LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS ADWORDS API AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT ANY OF THE ABOVE IS NOT ENFORCEABLE, GOOGLE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GOOGLE BY YOU FOR THE ADWORDS API SERVICES IN THE MONTH PRECEDING THE CLAIM. THE ADWORDS API IS MADE AVAILABLE PRIMARILY AS A CONVENIENCE TO GOOGLE'S USERS AND AS SUCH YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT OR (INCLUDING WITHOUT LIMITATION THIS SECTION AND SECTION IV(2)) ARE A FAIR ALLOCATION OF RISK AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE COMPETITION RULESMODEST FEES CHARGED BY GOOGLE.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT54.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWLAW (I) IN NO EVENT WILL TOKEN GENERATOR OR ANY TOKEN GENERATOR PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSE- QUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTER- RUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF THE TOKENS OR OTHERWISE RELATED TO THIS TOKEN SALE AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLI- GENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION TOKEN GENERATOR AND THE TOKEN GENERATOR PARTIES (AS DEFINED JOINTLY), WHETHER IN THE OFFICIAL RULES) CONTRACT, WARRANTY, TORT (JOINTLY) INCLU- DING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN TOKEN SALE AGREE- MENT OR THE COMPETITION USE OF OR INABILITY TO USE THE TOKENS, EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES AMOUNT PURCHASER HAS PAID TOKEN GENERATOR FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENTTOKENS. 54.2. THE LIMITATIONS SET FORTH IN THIS AGREEMENT AND THE COMPETITION RULES SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT NOT LIMIT OR THE COMPETITION RULESEXCLUDE LIABILITY FOR FRAUD OR INTENTIONAL, WILFUL OR RECKLESS MISCONDUCT. 54.3. Some jurisdictions (for example Estonia) do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this Section may not apply to certain Purchasers.

Disclaimer and Limitation of Liability. VARONIS UNDERTAKES TO PROVIDE THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” SUPPORT SERVICES IN A TIMELY AND “AS AVAILABLE” BASISPROFESSIONAL MANNER. YOUR USE EXCEPT FOR THE COMPETITION MATERIALS IS AT YOUR OWN RISK. ABOVE UNDERTAKING, VARONIS PROVIDES NO WARRANTY, EXPRESS OR OTHERWISE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSUPPORT SERVICES, SPONSOR AND VARONIS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VARONIS' LIABILITY HEREUNDER FOR ANY DAMAGES WHICH CUSTOMER MAY SUFFER SHALL IN NO EVENT EXCEED THE AMOUNT OF THE MOST RECENT ANNUAL SUPPORT FEE PAID BY CUSTOMER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VARONIS OR ITS AUTHORIZED RESELLER. IN NO EVENT WILL THE AGGREGATE LIABILITY VARONIS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOSS OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR RELATING TO THIS AGREEMENT SERVICES, OR FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY OTHER PARTY, HOWEVER CAUSED AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION UNDER ANY THEORY OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT EVEN IF VARONIS HAS BEEN ADVISED OF THE BASIS POSSIBILITY OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENTSUCH DAMAGES. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESOTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS A. ADAP'S TOTAL LIABILITY IS AT YOUR OWN RISK. LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNET PRICE OF THE PRODUCTS SOLD HEREUNDER, SPONSOR DISCLAIMS ALL WARRANTIES EXCLUDING ANY CHARGES STATED SEPARATELY FROM THE PRODUCT PRICE ON THE INVOICE. BUYER'S SOLE REMEDY FOR LIABILITY OF ANY KIND, WHETHER EXPRESSINCLUDING NEGLIGENCE, IMPLIEDWITH RESPECT TO THE PRODUCTS, OR STATUTORYSOFTWARE, INCLUDING BUT NOT AND DOCUMENTATION FURNISHED HEREUNDER IS LIMITED TO THE IMPLIED WARRANTIES REQUEST FOR ADAP, AT ADAP'S OPTION, TO REFUND THAT NET PRICE FOR THE ITEMS AND MATTERS INVOLVED, EXCEPT THAT IN THE CASE OF MERCHANTABILITYA BREACH OF WARRANTY, FITNESS BUYER'S SOLE REMEDY IS TO RETURN THE PRODUCT TO ADAP FOR A PARTICULAR PURPOSEREPAIR OR REPLACEMENT IN ACCORDANCE WITH THE "WARRANTY" SECTION OF THESE TERMS AND CONDITIONS. B. WITH RESPECT TO SERVICES, TITLE, AND NON-INFRINGEMENT. ADAP'S LIABILITY FOR ANY SERVICE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY RE-PERFORMANCE OF THE COMPETITION PARTIES (SERVICE. ADAP DOES NOT WARRANTY PROPOGATION OR PATH PERFORMANCE. ALL SURVEYS ARE ACCURATE AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF DATE THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESSURVEY WAS CONDUCTED.

Disclaimer and Limitation of Liability. TO THE COMPETITION MATERIALS ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “BOX SERVICE” IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. BOX AND “EDUCATIONAL INSTITUTION MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE BOX SERVICE FOR USE FOR YOUR PURPOSES, EXCEPT AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOTHERWISE PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER EDUCATIONAL INSTITUTION, BOX, NOR INTERNET2, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY KINDINDIRECT, WHETHER EXPRESSCONSEQUENTIAL, IMPLIEDEXEMPLARY, PUNITIVE, SPECIAL, OR STATUTORYINCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. TECH\1090822.4 IF YOU ARE DISSATISFIED WITH THE BOX SERVICE FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTBOX SERVICE. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) BOX, EDUCATIONAL INSTITUTION AND INTERNET2 AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT AND YOUR PARTICIPATION WILL BE LIMITED IN THE COMPETITION EXCEED AGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT 5.00) OR THE COMPETITION RULESMINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.

Disclaimer and Limitation of Liability. 10.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ai-AMCTM, INCLUDING WITHOUT LIMITATION THE COMPETITION MATERIALS THIRD-PARTY SOFTWARE, AND ALL SUBSCRIPTIONS, AND SUBSCRIPTION SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS”. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNEITHER PROVIDER NOR ITS LICENSORS MAKES ANY OTHER WARRANTIES, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KINDGUARANTEES, WHETHER EXPRESSCONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENONINFRINGEMENT OR THE SECURITY AND PROTECTION OF ANY INFORMATION FROM A DATA SECURITY BREACH. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, AND NON-INFRINGEMENT. TO THE FULLEST FULL EXTENT PERMITTED BY APPLICABLE LAW, IN THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SUBJECT TO THE LIMITED THE DURATION OF ANY ISSUED SUBSCRIPTION. 10.2 BUT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO EVENT WILL THE AGGREGATE LIABILITY CIRCUMSTANCES AND UNDER LEGAL THEORY (I) NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.FORM

Disclaimer and Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THE COMPETITION MATERIALS STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU BY Build Something Mentor or its associates ON AN “"AS IS” AND “AS AVAILABLE” " BASIS. YOUR Build Something Mentor MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Build Something Mentor DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Build Something Mentor DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Build Something Mentor WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOF THIS SITE, INCLUDING, BUT NOT LIMITED TO,INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES Build Something Mentor TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT THE FOUNDATION FOR THE ACTION) SHALL NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEED IN NO EVENT WILL THE AGGREGATE LIABILITY THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Build Something Mentor DURING THE COMPETITION PARTIES MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Build Something Mentor LIABILITY. Please note that there may be certain orders that we are unable to accept and must cancel. Build Something Mentor reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer. While Build Something Mentor strives to provide accurate product and pricing information, pricing or typographical errors may occur. Build Something Mentor cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Build Something Mentor shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Build Something Mentor may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing of products sold by Build Something Mentor is based upon figures calculated in U.S. Dollars (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10US$). EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYPrices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, DISCLAIMER OF WARRANTIESprices displayed in non-U.S. denominations of currency on the Site, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIESother than on the individual product page, may not be the most current. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIESAreas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESThe price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Build Something Mentor, excluding shipping.

Disclaimer and Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THE COMPETITION MATERIALS STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE. THE PRODUCTS OFFERED FOR SALE ON SITE AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU BY US ON AN “"AS IS” AND “AS AVAILABLE” " BASIS. YOUR WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF ANY KINDTHE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. TYPOGRAPHICAL ERRORS: In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, WHETHER EXPRESSwe shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTwe shall immediately issue a credit to your credit card account in the LINKS: This site may contain links to other sites on the Internet that are owned and operated by third parties. TO THE FULLEST EXTENT PERMITTED BY You acknowledge that we are not responsible for the operation of or content located on or through any such site. APPLICABLE LAW: This site is created and controlled by us in the State of Florida, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10USA. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYAs such, DISCLAIMER OF WARRANTIESthe laws of the State of Florida will govern these disclaimers, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESterms, and conditions, without giving effect to any principles of conflicts of laws.

Disclaimer and Limitation of Liability. You acknowledge that the Application is provided over the Internet and therefore the availability of the Application may be affected by factors outside of EJF’s reasonable control. EJF has no responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access the Application or Content or for any other system failure which may result in the Application or Content being unavailable. THE COMPETITION MATERIALS ARE APPLICATION IS LICENSED AND PROVIDED TO YOU ON AN “"AS IS” " AND “"AS AVAILABLE” BASIS," AND EJF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PERFORMANCE, RELIABILITY, ACCURACY OR SUITABILITY FOR ANY PURPOSE, OF THE APPLICATION OR THE CONTENT. YOUR USE EJF DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE COMPETITION MATERIALS IS AT YOUR OWN RISKAPPLICATION AND ITS OPERATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES IN NO EVENT SHALL EJF, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CUSTOMERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION, NOR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOR ANY KINDSPECIAL, WHETHER EXPRESSINCIDENTAL, IMPLIEDCONSEQUENTIAL OR OTHER INDIRECT DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO THE USE OR INABILITY TO USE THE APPLICATION, OR STATUTORYFOR ANY OTHER CAUSE OR CLAIM ARISING UNDER THIS AGREEMENT, INCLUDING BUT NOT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EJF ENTIRE LIABILITY UNDER ANY AND ALL PROVISIONS OF THIS AGREEMENT SHALL BE LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS AMOUNT ACTUALLY PAID BY YOU FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY USE OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10APPLICATION. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYNo legal action, DISCLAIMER OF WARRANTIESregardless of form, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESarising out of this Agreement or relating to the Application or Content, may be brought by you more than one year after you have knowledge of the occurrence which gives rise to the cause of such action.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS SPONSOR, RSG AND FT DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.BY

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR OTHER THAN THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT, BRG PRECISION PRODUCTS, INC. MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES OF ANY KINDIMPLIED WARRANTIES, WHETHER EXPRESSIN FACT OR BY OPERATION OF LAW, IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ANY WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWWARRANTY PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. IN NO EVENT WILL BRG PRECISION PRODUCTS, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER ARISING WHETHER IN CONTRACT OR TORT INCLUDING WITHOUT RESTRICTION ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE, OR THE AGGREGATE LIABILITY INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE COMPETITION PARTIES (AS DEFINED IN PRODUCT. SOME STATES DO NOT ALLOW THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF EXCLUSION OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYINCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BRG Precision Products, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESInc. neither assumes nor authorizes any other person to assume for it any other liability in connection with the repair or replacement of the Product.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS WEBSITEAND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKWITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR ALLSTAR AUTO FINANCE HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES OF ANY KINDWHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE WEBSITE OR SUCH PRODUCTS AND SERVICES. WITHOUT LIMITING THE FORGOING, THE WEBSITE AND ANY PRODUCTS AND SERVICES AVAIBALE THROUGH THE WEBSITE ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLECOMPLETENESS, AND ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING YOU AGREE AND ACKNOWLEDGE THAT NO OFFER TO PURCHASE A VEHICLE IS MADE THROUGH THE WEBSITE AND NO REPRESENTATIONS AND WARRANTIES ARE MADE IN RESPECT TO ANY VEHICLE THROUGH THE WEBSITE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE OR PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHALL ALLSTAR AUTO FINANCE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE AGGREGATE LIABILITY “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ALLSTAR AUTO FINANCE, OR ALLSTAR AUTO FINANCE’S REPRESENTATIVES, HAVE BEEN ADVISED OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT POSSIBILITY OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESSUCH DAMAGES.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY FORM OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO CLAIMS FOR BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NO EVENT NATURE). SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, WHETHER OR NOT INSURED, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WILL NOT EXCEED THE AGGREGATE LIABILITY COST OF THE COMPETITION PARTIES PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. SELLER DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT CONTRACTUALLY REQUIRED OF SELLER. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF SELLER'S EMPLOYEES, REPRESENTATIVES AND SUPPLIERS AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10THIRD-PARTY BENEFICIARIES. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL ANY OTHER PROVISIONS OF THIS AGREEMENTPROVISION AND IS TO BE ENFORCED AS SUCH. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY FORCE MAJEURE: Seller shall not be liable for any loss or damage as a result of any delay in shipment, delivery or installation due to any cause beyond Seller's reasonable control, including without limitation, flood, hurricane, or other act of God, embargo or other governmental act or authority, regulation or request, fire, theft, accident, strike, slowdown, labor dispute, war, riot, delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities, whether at Seller's operations or at the operations of a supplier or sub-seller to Seller. In the event of any such delay, the date of performance shall be extended for a period equal to the time lost by reason of delay, plus a reasonable time for resuming performance. The Parties agree an event may occur making it difficult, impossible or impractical for Seller to perform. Thus this Contract may be made impracticable by the occurrence of such contingency, the nonoccurrence of which was a basic assumption on which this Contract was made. If the contract is made impractical or impossible the Seller may terminate this agreement in its sole discretion. EXPORT CONTROL: Products and associated materials supplied by Seller may be subject to various export laws and regulations. It is the responsibility of the exporter to comply with all such laws and regulations. Notwithstanding any other provision to the contrary, in the event that U.S. or local law requires export authorization for the export or re-export of any products or associated technology, no delivery can be made until such export authorization is obtained, regardless of any otherwise promised delivery date. In the event that any required export authorization is denied, Seller and Xxxxxx's supplier will be relieved of any further obligation relative to the sale and delivery of the products subject to such denial without liability of any kind relative to Customer or any other party. Seller will not comply with boycott related requests except to the extent permitted by U.S. law and then only at Seller's discretion. Customer is solely and exclusively responsible for obtaining and maintaining compliance with any and all regulatory agencies/requirements relating to the importation, exportation, manufacturing, marketing, sale, testing, distribution or use of the products and service. Seller does not import or export products. Customer is responsible for all compliance requirements. Customer shall provide proof of compliance or any other document upon request by Seller. LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESLICENSE: Customer's sole rights to the work product, materials and other deliverables to be provided or created (individually or jointly) in connection with Services provided by Seller, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know-how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information (whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights) that is created (individually or jointly) or discovered in the course of performance of this Agreement that are embodied in such work or materials ("Work Product") will be, upon payment in full, a non- transferable, non-exclusive, royalty-free license to use such Work Products solely for Customer's internal use. Customer will have no ownership or other property rights thereto and Customer shall have no right to use any such Work Product for any other purpose whatsoever.

Disclaimer and Limitation of Liability. EXCEPT FOR THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ABOVE AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KINDNI MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE REGARDING, INCLUDING BUT NOT LIMITED OR RELATING TO THE SERVICES PROVIDED HEREUNDER. NI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NONINFRINGEMENT, AND NON-INFRINGEMENTANY OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE OR PRACTICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NI BE LIABLE UNDER THIS PST FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. INNO EVENT WILL NI’S CUMULATIVE TOTAL LIABILITY UNDER THIS PST EXCEED THE AGGREGATE LIABILITY AMOUNTS ACTUALLY PAID BY CUSTOMER TO NI UNDER THIS PST. THE LIMITATIONS SPECIFIED IN THIS SECTION 6 SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS PST IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, EVEN IF A PARTY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT POSSIBILITY OF OR RELATING TO THIS AGREEMENT SUCH DAMAGES, AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT REGARDLESS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESLIABILITY.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED LIMITED WARRANTY DESCRIBED HEREIN SHALL BE THE SOLE AND EXCLUSIVE WARRANTY GRANTED BY IDEAL POWER, WHERE PERMITTED BY LAW, AND SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKWARRANTEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR IDEAL POWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDOTHER WARRANTIES, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, TITLEAND ANY WARRANTIES THAT MAY HAVE ARISEN FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, AND NON-INFRINGEMENTNO IMPLIED WARRANTY SHALL APPLY TO ANY PRODUCT AFTER THE EXPIRATION OR TERMINATION OF THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDEAL POWER’S AGGREGATE MONETARY LIABILITY TO WARRANTEE AND ANY THIRD-PARTY FOR ANY REASON AND FOR ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID TO IDEAL POWER FOR THE PRODUCT COVERED BY THIS WARRANTY. UNDER NO EVENT WILL THE AGGREGATE LIABILITY CIRCUMSTANCES SHALL IDEAL POWER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES HOWEVER CAUSED, EVEN IF IDEAL POWER HAS BEEN ADVISED OF THE COMPETITION PARTIES (AS DEFINED IN POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF EXCLUSION OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYINCIDENTAL OR CONSEQUENTIAL DAMAGES, DISCLAIMER OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSION OF DAMAGES IS EXCLUSIONS MAY NOT APPLY TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESYOU.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY FORM OF INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO CLAIMS FOR BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NO EVENT NATURE). SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, WHETHER OR NOT INSURED, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WILL NOT EXCEED THE AGGREGATE LIABILITY COST OF THE COMPETITION PARTIES PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. SELLER DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT CONTRACTUALLY REQUIRED OF SELLER. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF SELLER’S EMPLOYEES, REPRESENTATIVES AND SUPPLIERS AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10THIRD‐PARTY BENEFICIARIES. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL ANY OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT PROVISION AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESIS TO BE ENFORCED AS SUCH.

Disclaimer and Limitation of Liability. 11.1. You acknowledge that the liability limitations and warranty disclaimers in this XXXX are independent of any remedies hereunder and shall apply regardless of whether any remedy fails of its essential purpose. You acknowledge that the limitations of liability set forth in this XXXX are integral to the amount of consideration offered and charged in connection with the Software provided by eMDs and that, were eMDs to assume any further liability other than as provided herein, such consideration would of necessity be set substantially higher. 11.2. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, THE COMPETITION MATERIALS ARE SOFTWARE IS PROVIDED TO YOU ON AN “"AS IS” AND ," “AS AVAILABLE” BASIS. YOUR ; YOU AGREE THAT USE OF THE COMPETITION MATERIALS SOFTWARE IS AT YOUR OWN SOLE RISK. ; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR EMDS EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KINDWITH RESPECT TO THE SOFTWARE INCLUDING, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTINFRINGEMENT OR WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND USAGE. EMDS DOES NOT WARRANT THAT DEFECTS IN THE EMDS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMDS OR ANY EMDS REPRESENTATIVE OR RESELLER SHALL CREATE A WARRANTY. EMDS DOES NOT WARRANT THAT THE SOFTWARE WILL YIELD ANY PARTICULAR BUSINESS OR FINANCIAL RESULT OR MEET A PARTICULAR NEED. TO THE FULLEST EXTENT PERMITTED THAT UPDATED VERSIONS OF THE SOFTWARE ARE DEVELOPED AND RELEASED BY APPLICABLE LAWEMDS, YOU ASSUME ALL RISKS ASSOCIATED WITH USING OLDER VERSIONS OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE RISK OF USING OUTDATED CLINICAL CONTENT. 11.3. CERTAIN SOFTWARE PROVIDED BY EMDS UTILIZES THE INTERNET. EMDS DOES NOT WARRANT THAT SUCH SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. EMDS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM EMDS' OR YOUR NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ACCORDINGLY, EMDS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 11.4. INFORMATION PROVIDED BY THE AMERICAN MEDICAL ASSOCIATION (AMA) IS FOR MEDICAL CODING PURPOSE ONLY, AND DOES NOT CONSTITUTE CLINICAL ADVICE, DOES NOT DICTATE PAYER REIMBURSEMENT POLICY, AND DOES NOT SUBSTITUTE FOR THE PROFESSIONAL JUDGEMENT OF THE PRACTITIONER PERFORMING A PROCEDURE, WHO REMAINS RESPONSIBLE FOR CORRECT CODING. INFORMATION OBTAINED FROM CPT® KNOWLEDGE BASE DOES NOT REPLACE THE AMA'S CURRENT PROCEDURAL TERMINOLOGY AND OTHER APPROPRIATE CODING AUTHORITY. THE INFORMATION CONTAINED IN THE CPT® KNOWLEDGE BASE SHOULD ONLY BE USED AS A GUIDE FOR YOUR OWN USE AND SHOULD NOT BE DISSEMINATED IN ANY WAY. IN NO EVENT IS EMDS OR THE AMA LIABLE TO YOU FOR ANY LOSS OR DAMAGE. 11.5. IN NO EVENT SHALL EMDS OR ANY PROVIDER OF THIRD PARTY ITEMS BE LIABLE TO CUSTOMER, YOU OR ANY THIRD PARTY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF EMDS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL THE AGGREGATE SHALL EMDS’ OR ITS LICENSORS’ TOTAL LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF FROM OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION OR CUSTOMER’S USE OF THE SOFTWARE EXCEED AN AMOUNT EQUAL TO FEES PAID BY YOU OR CUSTOMER, RESPECTIVELY, TO EMDS FOR THE SOFTWARE IN THE COMPETITION EXCEED $10. EACH PROVISION THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT EVEN IF EMDS HAS BEEN APPRISED OF THE BASIS POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. 11.6. ANY ACTION RELATING TO THIS XXXX, OTHER THAN COLLECTION OF OUTSTANDING PAYMENTS, MUST BE COMMENCED WITHIN TWO YEARS AFTER THE BARGAIN BETWEEN DATE UPON WHICH THE PARTIES. EACH CAUSE OF THESE PROVISIONS ACTION ACCRUED OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESPERMANENTLY BARRED.

Disclaimer and Limitation of Liability. a. THE COMPETITION MATERIALS LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK- UP OF ITS DATA USED IN CONNECTION WITH SOFTWARE. IN NO EVENT SHALL QUANTUM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY FOR LOST PROFITS AND/OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, (I) LOSS OF REVENUE, BUSINESS OR USE; (II) LOSS OF ANTICIPATED SAVINGS; (III) LOSS OF ACTUAL OR ANTICIPATED BUSINESS AND/OR GOODS; (IV) LOSS OF GOODWILL; (V) LOSS AND/OR CORRUPTION OF DATA AND/OR OTHER INFORMATION, (VI) LOSS AS A RESULT OF THIRD PARTY CLAIMS; AND/OR (VII) THE COST OF PROCURING REPLACEMENT GOODS AND/OR SERVICES. FOR THE AVOIDANCE OF DOUBT, THE TYPES OF LOSS AND/OR DAMAGE SPECIFIED IN (I) THROUGH (VII) SHALL NOT CONSTITUTE DIRECTLOSSES FOR THE PURPOSES OF THIS XXXX. THE FOREGOING LIMITATION WILL APPLY EVEN IF QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE PROVIDED TO YOU ON AN “AS IS” FORESEEABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES QUANTUM’S AGGREGATE LIABILITY TO CUSTOMER FOR CLAIMS ARISING FROM THE SOFTWARE, THE DOCUMENTATION OR THIS XXXX, WHETHER FOR BREACH, INFRINGEMENT, IN TORT, INDEMNIFICATION OR OTHERWISE, SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY RECEIVED BY QUANTUM HEREUNDER FOR CUSTOMER’S USE OF THE SOFTWARE. For the avoidance of doubt, Quantum shall have no liability or responsibility for problems in the Software, Documentation or other deliverables caused by misuse or the malfunction of the network or any third-party software, hardware or equipment or any other cause not attributable to Quantum. b. Open Source Software is provided “AS-IS”, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER AND QUANTUM FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, WITH RESPECT TO OPEN SOURCE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER QUANTUM NOR THE LICENSORS OF OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, TITLEINDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWLOST PROFITS), IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION ON ANY THEORY OF LIABILITY, DISCLAIMER OF WARRANTIESWHETHER IN CONTRACT, STRICT LIABILITY, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT ANY WAY OUT OF THE BASIS USE OR DISTRIBUTION OF THE BARGAIN BETWEEN OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE PARTIES. EACH POSSIBILITY OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESSUCH DAMAGES.

Disclaimer and Limitation of Liability. (a) YOU ACKNOWLEDGE THAT THE COMPETITION MATERIALS ARE DISCLAIMER AND LIMITATION OF LIABILITY IN THIS AGREEMENT REFLECT A FAIR APPORTIONMENT OF LIABILITY. THE HARDWARE AND SOFTWARE (INCLUDING ANY INTELLECTUAL PROPERTY INCLUDED THEREIN) IS PROVIDED TO YOU ON AN “"AS IS” " WITHOUT WARRANTY OF ANY KIND. POWERSIDE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND “AS AVAILABLE” BASISCONDITIONS OF ANY KIND WITH RESPECT TO THE HARDWARE AND SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE HARDWARE AND SOFTWARE WILL BE OF MERCHANTABLE AND FIT FOR A PARTICULAR PURPOSE, (II) THAT THE HARDWARE AND SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT HARDWARE AND SOFTWARE WILL BE AVAILABLE OR OPERATION OF THE HARDWARE AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE HARDWARE OR SOFTWARE (BE THEY HUMAN OR COMPUTER ERROR(S) WILL BE CORRECTED, (V) THAT THE HARDWARE OR SOFTWARE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, (VI) THAT COMMUNICATIONS TO OR FROM THE POWERSIDE SOLUTION WILL BE SECURE AND/OR NOT INTERCEPTED, AND (VI) ANY AND ALL WARRANTIES, OBLIGATIONS, AND CONDITIONS ARISING OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE COMPETITION MATERIALS LINKETT SOLUTION IS ENTIRELY AT YOUR OWN RISK. . (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY UNDER APPLICABLE LAW, IN NO EVENT WILL POWERSIDE BE LIABLE TO YOU OR ANY PERMITTED USER FOR ANY: (A) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (C) BUSINESS INTERRUPTION; (D) COSTS FOR THE AGGREGATE LIABILITY PROCUREMENT OF THE COMPETITION PARTIES SUBSTITUTE PRODUCTS OR SERVICES; (AS DEFINED IN THE OFFICIAL RULESE) PERSONAL INJURY OR DEATH; OR (JOINTLYF) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR RELATING IN ANY WAY CONNECTED TO THIS AGREEMENT AND YOUR PARTICIPATION IN AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION THEORY OF LIABILITY, DISCLAIMER OF WARRANTIESWHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR EXCLUSION OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF DAMAGES IS THE POSSIBILITIES OF SUCH DAMAGES. TO ALLOCATE THE RISKS OF MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POWERSIDE’S LIABILITY UNDER THIS AGREEMENT BETWEEN WILL NOT EXCEED US$5,000. CUSTOMER ACKNOWLEDGES THAT THE PARTIES. THIS ALLOCATION IS REFLECTED FOREGOING LIMITATION OF LIABILITY ARE APPROPRIATE IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT CONSERVATION OF POWERSIDE’S PROVISION OF THE BASIS OF POWERSIDE SOLUTION AT NOT CHARGE TO THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESCUSTOMER.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE EXCEPT AS EXPRESSLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIN THIS AGREEMENT, SPONSOR DISCLAIMS ALL WARRANTIES PLATT DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING BUT NOT LIMITED WITHOUT LIMITATIONS WARRANTIES AS TO THE IMPLIED WARRANTIES OF UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTOR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY PLATT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY PLATT OR RELATING OTHERWISE RELATED TO THIS AGREEMENT AND YOUR PARTICIPATION AGREEMENT, EVEN IF PLATT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL XXXXX'X TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE COMPETITION EXCEED $10. EACH PROVISION OF AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT AND FOR THE COMPETITION RULES THAT PROVIDES SPECIFIC PRODUCT TO WHICH THE CLAIM RELATES. IN NO EVENT WILL PLATT BE LIABLE TO CUSTOMER FOR A LIMITATION DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIESCOMPANY. THIS ALLOCATION IS REFLECTED IN SECTION SHALL SURVIVE THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS TERMINATION OR EXPIRATION OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING HEREIN TO THE MAXIMUM EXTENT PERMITTED CONTRARY, EVERYTHING PROVIDED BY APPLICABLE LAWWU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE AND MAY HAVE HAZARDOUS PROPERTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SPONSOR DISCLAIMS ALL WARRANTIES NEITHER PARTY MAKES AND EACH PARTY DISCLAIMS, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, EXPRESSED OR IMPLIED, OR STATUTORYINCLUDING WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE, AND OR NON-INFRINGEMENTINFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES REGARDING THE QUALITY, ACCURACY, COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE FULLEST EXTENT PERMITTED PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY APPLICABLE LAW, SUCH PARTY UNDER THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) SHALL WU OR LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN CONNECTION WITH OBLIGATIONS UNDER SECTION 11. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND LICENSEE’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT AND YOUR PARTICIPATION IN SHALL NOT EXCEED THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, PAYMENTS MADE OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF PAYMENTS DUE UNDER THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES, RESPECTIVELY.

Disclaimer and Limitation of Liability. THIS SITE AND THE COMPETITION MATERIALS TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU BY BRISTOL NOVELTY LTD ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR BRISTOL NOVELTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRISTOL NOVELTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. BRISTOL NOVELTY LTD DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRISTOL NOVELTY LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS BRISTOL NOVELTY LTD’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO BRISTOL NOVELTY LTD DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO BRISTOL NOVELTY LTD’ LIABILITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL WARRANTIES OF ANY KINDTHE ABOVE DISCLAIMERS, WHETHER EXPRESS, IMPLIEDEXCLUSIONS, OR STATUTORY, INCLUDING BUT LIMITATIONS MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEYOU, AND NON-INFRINGEMENTYOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWIn the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULESBristol Novelty Ltd shall have the right to refuse or cancel any orders placed for product(s) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10listed at the incorrect price. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYBristol Novelty Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESBristol Novelty Ltd shall immediately issue a credit to your credit card account in the amount of the charge.

Disclaimer and Limitation of Liability. THIS SITE, THE COMPETITION MATERIALS PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU BY US ON AN “‘AS IS” AND “AS AVAILABLE” ’ BASIS. YOUR WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. EXCEPT FOR ANY WARRANTIES THAT ARE EXPRESSLY PROVIDED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

Disclaimer and Limitation of Liability. THE COMPETITION PUROLATOR MATERIALS AND THE FUNCTIONS OF PUROLATOR E- SHIP™ ARE PROVIDED TO YOU ON AN “"AS IS” AND ", “AS AVAILABLE” BASIS”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITION OF ANY KIND. YOUR USE OF THE COMPETITION PUROLATOR MATERIALS AND THE FUNCTIONS OF PUROLATOR E-SHIP™ IS AT YOUR CUSTOMER’S OWN RISK. PUROLATOR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE PUROLATOR MATERIALS OR THE FUNCTIONS OF PUROLATOR E-SHIP™. PUROLATOR DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE PUROLATOR MATERIALS OR THE FUNCTIONS OF PUROLATOR E-SHIP™. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR PUROLATOR DISCLAIMS ALL WARRANTIES WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, KIND WITH RESPECT TO THE PUROLATOR MATERIALS AND THE FUNCTIONS OF PUROLATOR E-SHIP™ WHETHER EXPRESS, IMPLIEDIMPLIED OR COLLATERAL, OR STATUTORYINCLUDING, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENTINFRINGEMENT OR THAT THE PUROLATOR MATERIALS OR THE FUNCTIONS OF PUROLATOR E-SHIP™ ARE OR WILL BE COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF PUROLATOR DISCLAIMS ALL LIABILITY, DISCLAIMER WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF WARRANTIESA FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR EXCLUSION OF ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR THE COMPETITION RULES.PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY ADDRESSES ENTERED INTO CUSTOMER’S ADDRESS BOOK), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE,

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “A. EXCEPT AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXPRESSLY SET FORTH HEREIN, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KINDNEXTECH MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, EXPRESS OR IMPLIED, OR STATUTORYREGARDING THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-OR NON- INFRINGEMENT. SPECIFICALLY, NEXTECH MAKES NO WARRANTY THAT THE NEXTECH APIS WILL FUNCTION AS INTENDED OR THAT THEY WILL BE AVAILABLE OR FREE FROM BUGS OR OTHERWISE MEET DEVELOPER’S NEEDS. THE NEXTECH APIS ARE PROVIDED “AS-IS.” B. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, THE TOTAL LIABILITY OF NEXTECH AND ITS AFFILIATES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIFTY DOLLARS ($50). IN NO EVENT WILL NEXTECH OR ITS AFFILIATES BE LIABLE TO DEVELOPER OR ITS AFFILIATES UNDER THIS AGREEMENT FOR ANY OTHER DAMAGES, UNDER ANY LEGAL THEORY, WHETHER DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, INCLUDING LOST PROFITS, DATA OR BUSINESS OPPORTUNITY. THE AGGREGATE LIABILITY FOREGOING SHALL APPLY EVEN IF NEXTECH OR SUCH AFFILIATE HAS BEEN ADVISED OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT POSSIBILITY OF OR RELATING TO THIS AGREEMENT SUCH DAMAGES, AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR EVEN IF A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS LIMITED REMEDY SET FORTH IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE FAILS OF ITS ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESPURPOSE.

Disclaimer and Limitation of Liability. TO THE COMPETITION MATERIALS ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “BOX SERVICE” IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. BOX AND “EDUCATIONAL INSTITUTION MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE BOX SERVICE FOR USE FOR YOUR PURPOSES, EXCEPT AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOTHERWISE PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER EDUCATIONAL INSTITUTION, BOX, NOR INTERNET2, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY KINDINDIRECT, WHETHER EXPRESSCONSEQUENTIAL, IMPLIEDEXEMPLARY, PUNITIVE, SPECIAL, OR STATUTORYINCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE BOX SERVICE FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENTBOX SERVICE. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) BOX, EDUCATIONAL INSTITUTION AND INTERNET2 AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT AND YOUR PARTICIPATION WILL BE LIMITED IN THE COMPETITION EXCEED AGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT 5.00) OR THE COMPETITION RULESMINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.

Disclaimer and Limitation of Liability. 1. AIRLINE RETAILING MATURITY (ARM) INDEX, THE COMPETITION MATERIALS ARM INDEX REGISTRY AND ALL ASSOCIATED BENEFITS ARE PROVIDED TO YOU ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 2. TO THE AGGREGATE LIABILITY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IATA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS (EVEN IF IATA HAS BEEN ADVISED OF THE COMPETITION PARTIES (AS DEFINED IN POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, AND REGARDLESS OF THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION THEORY OF LIABILITY, DISCLAIMER OF WARRANTIESARISING OUT OF, OR EXCLUSION OF DAMAGES IS TO ALLOCATE RELATED TO, AIRLINE RETAILING MATURITY (ARM) INDEX, THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE ARM INDEX REGISTRY OR THESE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESCONDITIONS.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK- UP OF ITS DATA USED IN CONNECTION WITH SOFTWARE. IN NO EVENT SHALL QUANTUM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY FOR LOST PROFITS AND/OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, (I) LOSS OF REVENUE, BUSINESS OR USE; (II) LOSS OF ANTICIPATED SAVINGS; (III) LOSS OF ACTUAL OR ANTICIPATED BUSINESS AND/OR GOODS; (IV) LOSS OF GOODWILL; (V) LOSS AND/OR CORRUPTION OF DATA AND/OR OTHER INFORMATION, (VI) LOSS AS A RESULT OF THIRD PARTY CLAIMS; AND/OR (VII) THE COST OF PROCURING REPLACEMENT GOODS AND/OR SERVICES. FOR THE AVOIDANCE OF DOUBT, THE TYPES OF LOSS AND/OR DAMAGE SPECIFIED IN (I) THROUGH (VII) SHALL NOT CONSTITUTE DIRECT LOSSES FOR THE PURPOSES OF THIS XXXX. THE FOREGOING LIMITATION WILL APPLY EVEN IF QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASISFORESEEABLE. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES NOTWITHSTANDING ANY OTHER PROVISION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETHIS AGREEMENT, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL THE QUANTUM’S AGGREGATE LIABILITY TO CUSTOMER FOR CLAIMS ARISING FROM THE SOFTWARE, THE DOCUMENTATION OR THIS XXXX, WHETHER FOR BREACH, INFRINGEMENT, IN TORT, INDEMNIFICATION OR OTHERWISE, SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY RECEIVED BY QUANTUM HEREUNDER FOR CUSTOMER’S USE OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10SOFTWARE. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITYFor the avoidance of doubt, DISCLAIMER OF WARRANTIESQuantum shall have no liability or responsibility for problems in the Software, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESDocumentation or other deliverables caused by misuse or the malfunction of the network or any third-party software, hardware or equipment or any other cause not attributable to Quantum.

Disclaimer and Limitation of Liability. THIS SITE, THE COMPETITION MATERIALS PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. EXCEPT FOR ANY WARRANTIES THAT ARE EXPRESSLY PROVIDED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE THE COMPETITION MATERIALS IS AT YOUR OWN RISKOF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO All information provided on the Site (the "Information") is subject to change without notice. While efforts have been made to make the Site helpful and accurate, we do not warrant that the Information is accurate, free of typographical errors, complete, or reliable, and you acknowledge that reliance on Information is at your sole risk. We do not warrant that use of the Site or use of any Content downloaded from the Site will be virus-free or free of disruptive or destructive files. YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACKNOWLEDGE, BY YOUR USE OF THE COMPETITION MATERIALS SITE, THAT SUCH USE IS AT YOUR OWN RISKSOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ECONOMIC, EXEMPLARY, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, ATTORNEY’S FEES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF WE ASSUME NO LIABLITY FOR ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORYDAMAGES SUFFERED BY YOU, INCLUDING BUT NOT LIMITED LIMTED TO, LOSSES FROM DELAYS, NON- DELIVERABLES OF CONTENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR INTELECTUAL PROPERTY OWNERS, COMMUNICATIONS, ERRORS, SYSTEM DOWNTIME, DATA BREACHES, MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, VIRUSES, DAMAGE TO THE IMPLIED WARRANTIES YOUR COMPUTER, MOBILE DEVICE OR OTHER EQUIPMENT, DAMAGES FOR LOST PROFITS, LOSS OF MERCHANTABILITYGOODWILL, FITNESS FOR A PARTICULAR PURPOSELOSS OF DATA, TITLEWORK STOPPAGE OR SERVICE INTERRUPTIONS OR ANY ERRORS OR OMISSIONS OF CONTENT WHETHER IN CONTRACT, AND NON-INFRINGEMENTTORT, STRICT LIABILITY OR NEGLIGENCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEED 000 XXXXXX XXXXXX DOLLARS ($100.00). APPLICABLE LAW MAY NOT ALLOW THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALLOCATE YOU. THE RISKS SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS," ON A "WITH ALL FAULTS" BASIS, AND, WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE TIMELY, SECURE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT BETWEEN ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE PARTIESSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. BY ACCESSING AND USING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS ALLOCATION IS REFLECTED IN TIME UNKNOWN, AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND EXPRESSLY WAIVED THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE BENEFITS OF ANY LIMITED REMEDY STATE LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS TO WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THIS AGREEMENT HIS OR HER FAVOR AT THE COMPETITION RULESTIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASISMTOP makes every effort to ensure the accuracy and fairness of the content of this site. YOUR USE THE COMPETITION MATERIALS IS Even so, no warranty is expressed or implied by any statement made on this site. MTOP makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT YOUR HIS OR HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSITE IS PROVIDED ON AN "AS IS, SPONSOR DISCLAIMS AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MTOP NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY KIND, WHETHER EXPRESS, IMPLIED, LOSS RESULTING FROM USE OR STATUTORYUNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE IMPLIED WARRANTIES POSSIBILITY OF MERCHANTABILITYSUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MTOP, FITNESS COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MTOP IS NOT LIABLE FOR A PARTICULAR PURPOSECRIMINAL, TITLETORTIOUS, AND NON-INFRINGEMENTOR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY MTOP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MTOP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESSITE.

Disclaimer and Limitation of Liability. EXCEPT FOR THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ABOVE AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KINDNI MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR STATUTORYOTHERWISE REGARDING, INCLUDING BUT NOT LIMITED OR RELATING TO THE SERVICES PROVIDED HEREUNDER. NI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NONINFRINGEMENT, AND NON-INFRINGEMENTANY OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE OR PRACTICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NI BE LIABLE UNDER THIS PST FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. INNO EVENT WILL NI’S CUMULATIVE TOTAL LIABILITY UNDER THIS PST EXCEED THE AGGREGATE LIABILITY AMOUNTS ACTUALLY PAID BY CUSTOMER TO NI UNDER THIS PST. THE LIMITATIONS SPECIFIED IN THIS SECTION 6 SHALL SURVIVE AND APPLY EVEN IFANY LIMITED REMEDY SPECIFIED IN THIS PST IS FOUND TO HAVE FAILED OF ITSESSENTIAL PURPOSE, EVEN IF A PARTY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT POSSIBILITY OF OR RELATING TO THIS AGREEMENT SUCH DAMAGES, AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT REGARDLESS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESLIABILITY.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS DVL Group, IncOBLIGATIONS EXPRESSED IN THIS AGREEMENT ARE PROVIDED TO YOU ON AN “AS IS” IN LIEU OF AND “AS AVAILABLE” BASISEXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIN NO EVENT SHALL DVL Group, SPONSOR DISCLAIMS ALL WARRANTIES IncBE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER EXPRESS, IMPLIED, DIRECT OR STATUTORYINDIRECT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES WITHOUT LIMITATION LOST PROFITS, LOSS OF MERCHANTABILITYUSE, FITNESS FOR A PARTICULAR PURPOSEREVENUE OR PROFIT, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWBUSINESS INTERRUPTION OR LOSS OF DATA, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN CONNECTION WITH THIS AGREEMENT OR THE COMPETITION RULESMAINTENANCE SERVICES PERFORMED HEREUNDER, WHETHER ANY CLAIM THEREFORE IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY). Warranties, if any, arising out of or with respect to the sale of the equipment are contained in other agreements and are neither part of nor made, altered or affected by this Agreement. Parts furnished hereunder, if not covered by other such agreements, are furnished AS IS- WHERE IS, with NO WARRANTY WHATSOEVER, except to the extent, if any, that repair or replacement obligations of DVL Group, Incunder the Maintenance Plan may be deemed to be warranties. As a material and separate basis of the bargain under which DVL Group, Incis agreeing to perform hereunder, it is further agreed that DVL Group, IncLIABILITY FOR ANY CLAIM FOR FAILURE OF PERFORMANCE HEREUNDER SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE GOODS AND CORRECT PERFORMANCE OF SERVICES INCORRECTLY PERFORMED AND SHALL IN NO EVENT EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR MAINTENANCE SERVICE UNDER THIS AGREEMENT FOR THE YEAR IN WHICH SUCH CLAIM AROSE.

Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. 5.1 Under no circumstances shall Little Free Library be deemed to have endorsed or joined in any guarantee or warranties made by You. 5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES LAW AND REGARDLESS OF WHETHER ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES REMEDY FAILS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR ITS ESSENTIAL PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY SHALL LITTLE FREE LIBRARY OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) PROFITS, LOST TIME, LOST SAVINGS, FOR BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT OR YOUR BOOK EXCHANGE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (TORT, CONTRACT OR OTHERWISE) AND YOUR PARTICIPATION IN EVEN IF LITTLE FREE LIBRARY HAS BEEN ADVISED OF THE COMPETITION EXCEED $10POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THIS AGREEMENT AND SOME JURISDICTIONS DO NOT ALLOW THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIESLIABILITY FOR PERSONAL INJURY, OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, SHALL LITTLE FREE LIBRARY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IS (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONIES YOU HAVE PAID TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENTLITTLE FREE LIBRARY. THE FOREGOING LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING EVEN IF THE FAILURE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULESPURPOSE.