Common use of Disclaimer of Other Warranties Clause in Contracts

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY I M P L I E D WARRANTIES Of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT.

Disclaimer of Other Warranties. SOFTWARE THIS AGREEMENT SETS FORTH THE FULL EXTENT OF THE PARTIES' OBLIGATIONS AND SERVICES ARE PROVIDED “LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY WORK ORDER (INCLUDING AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREINAMENDED BY A CHANGE ORDER), OR ANY COLLATERAL CONTRACT, AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER THERE ARE NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, INCLUDINGTHAT ARE BINDING ON THE PARTIES EXCEPT AS SPECIFICALLY STATED OR CONTEMPLATED IN THIS AGREEMENT; ANY CONDITION, BUT NOT LIMITED TOWARRANTY, REPRESENTATION OR OTHER TERM WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THIS AGREEMENT, ANY I M P L I E D WARRANTIES Of MERCHANTABILITYWORK ORDER (INCLUDING AS AMENDED BY A CHANGE ORDER), FITNESS FOR A PARTICULAR PURPOSEOR ANY COLLATERAL CONTRACT, AND POTENTIAL IMPLEMENTATION DELAYSWHETHER BY STATUTE, COMMON LAW OR OTHERWISE, IS HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BehaviorFlip WITHOUT LIMITATION, CONSULTANT DOES NOT DIRECTLY OR INDIRECTLY WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTSFINANCIAL SOUNDNESS, SERVICES OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE PRODUCTS OF ANY WARRANTYTHIRD-PARTY VENDORS OR SERVICE PROVIDERS. SOME JURISDICTIONS MAY NOT ALLOW CONSULTANT ACKNOWLEDGES THAT IT IS RESPONSIBLE FOR THE EXCLUSION SERVICES PROVIDED BY ANY OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTITS SUBCONTRACTORS HEREUNDER.

Disclaimer of Other Warranties. SOFTWARE The warranty set forth in Section 6(a) is in lieu of all other warranties of the Lessor, whether written, oral or implied, with respect to this Lease or the Premises, the Site or the Estate for Years, other than as expressly provided by the Lessor in the Transaction Documents. Subject to Section 6(a), the Premises and the Site are leased in their present condition without representation or warranty by the Lessor and subject to the rights of the parties in possession, to the existing state of title, to all Applicable Laws now or hereafter in effect and, without limiting the generality of the foregoing, to all present and future Liens (exclusive, however, of Lessor Liens and Owner Participant Liens). The Lessee has examined the Facility and the Site and title thereto and has found all of the same satisfactory for all purposes. NONE OF THE LESSOR, THE BANK , THE REMAINDERMAN NOR THE OWNER PARTICIPANT HAS MADE AN INSPECTION OF THE PREMISES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY THE SITE OR OF ANY KIND (UNLESS EXPLICITLY FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, AND, EXCEPT AS PROVIDED FOR HEREININ SECTION 6(a), NONE OF THE LESSOR, THE BANK, THE REMAINDERMAN NOR THE OWNER PARTICIPANT MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED OR OTHERWISE, WITH RESPECT TO THE SAME OR THE LOCATION, USE, DESCRIPTION, DESIGN, MERCHANTABILITY, FITNESS FOR USE FOR ANY PARTICULAR PURPOSE, CONDITION, VALUE, HABITABILITY OR DURABILITY THEREOF, OR AS TO THE TITLE THERETO OR OWNERSHIP THEREOF OR OTHERWISE (EXCEPT THAT THE LESSOR, IN ITS INDIVIDUAL CAPACITY, REPRESENTS AND BehaviorFlip WARRANTS THAT ON THE CLOSING DATE, THE LESSOR SHALL HAVE RECEIVED WHATEVER RIGHT, TITLE AND INTEREST TO THE FACILITY AS WAS CONVEYED TO THE LESSOR BY THE LESSEE, THE SELLER OR ANY AFFILIATE THEREOF AND THE PREMISES AND THE SITE WILL BE FREE OF LESSOR LIENS ATTRIBUTABLE TO THE LESSOR IN ITS LICENSORS EXPRESSLY DISCLAIM INDIVIDUAL CAPACITY), IT BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY THE LESSEE. IN THE EVENT OF ANY DEFECT OR DEFICIENCY OF ANY NATURE IN THE PREMISES AND THE SITE OR ANY FIXTURE OR OTHER WARRANTIESITEM CONSTITUTING A PORTION THEREOF, WHETHER PATENT OR LATENT, NONE OF THE LESSOR, THE BANK, THE REMAINDERMAN NOR THE OWNER PARTICIPANT SHALL HAVE RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO. THE PROVISIONS OF THIS SECTION 6(b) HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION BY THE LESSOR, THE BANK, THE REMAINDERMAN AND THE OWNER PARTICIPANT OF, AND THE LESSEE DOES HEREBY DISCLAIM, ANY AND ALL WARRANTIES BY THE LESSOR, THE BANK, THE REMAINDERMAN AND THE OWNER PARTICIPANT OTHER THAN AS SET FORTH IN SECTION 6(a), EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY I M P L I E D WARRANTIES Of MERCHANTABILITY, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OF HABITABILITY OR OF COMPLIANCE WITH APPLICABLE LAWS, WITH RESPECT TO THE PREMISES AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT THE SITE OR ANY FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, WHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANOTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE, EXCEPT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR LESSOR HEREBY REPRESENTS AND WARRANTS THAT THE OPERATION PREMISES AND THE SITE ARE AND SHALL BE FREE OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED LESSOR LIENS ARISING BY, THROUGH OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTUNDER IT.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip SCHOOLMINT AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY I M P L I E D IMPLIED WARRANTIES Of OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip SCHOOLMINT DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT SOFTWARE WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip SCHOOLMINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip BY SCHOOLMINT OR AN SCHOOLMINT REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT.

Disclaimer of Other Warranties. SOFTWARE AND 9.1. We expressly disclaim all warranties of any kind, whether express or implied, (a) as to the operation or availability of the Website, Game or any information, functionality, content, materials, services or products included on the Website or in the Game; (b) that the Website or Game will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Website or Game; or (iv) that the Website, Game, their servers, communications sent from or on behalf of Animoca, or any files available for downloading from the Website or Game are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply; but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 9.2. You are responsible for implementing appropriate measures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website or Game for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, GAME OR ANY SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR ITEMS OBTAINED THROUGH THE WEBSITE, GAME OR TO YOUR DOWNLOADING OF ANY KIND (MATERIAL MADE AVAILABLE ON THE WEBSITE OR IN THE GAME. 9.3. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS EXPLICITLY PROVIDED FOR HEREIN)IT IS DUE TO OUR FRAUD, AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 9.4. WE HEREBY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO ANY I M P L I E D WARRANTIES Of OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “EXCEPT FOR THE FOREGOING EXPRESS LIMITED WARRANTIES, FUNDER ACCEPTS THE EPRI MATERIALS "AS IS” AND WITHOUT WARRANTY ," WITH NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIESKIND, EXPRESS OR IMPLIED, IMPLIED INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY I M P L I E D WARRANTIES Of MERCHANTABILITYOF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EPRI'S LIABILITY TO FUNDER OR ANY THIRD PARTY FOR A CLAIM OF ANY KIND RELATED TO THIS AGREEMENT, AND POTENTIAL IMPLEMENTATION DELAYSANY EPRI MATERIALS OR ANY EPRI SERVICE, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE OF PROJECT FUNDING PAID TO EPRI BY FUNDER FOR THE PROJECT. BehaviorFlip DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT NO EVENT WILL MEET CLIENT’S REQUIREMENTSEPRI, NOR ANY SUBSIDIARY, SUPPLIER, OR THAT THE OPERATION SUBCONTRACTOR OF EPRI BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION), EVEN IF ADVISED OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREEPOSSIBILITY OF SUCH DAMAGES. NO ACTION, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMOREREGARDLESS OF FORM, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS ARISING OUT OF THE USE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY FUNDER MORE THAN ONE YEAR AFTER THE EVENTS WHICH GAVE RISE TO THE CAUSE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISEACTION OCCURRED. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENTFUNDER’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION WARRANTY BY EPRI SHALL BE TERMINATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTTHIS AGREEMENT AS SET FORTH HEREIN.

Disclaimer of Other Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 8, THE LICENSED SOFTWARE PROGRAMS AND SERVICES DOCUMENTATION ARE PROVIDED “TO CLIENT "AS IS” " AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN)KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONTRACTOR, ON ITS OWN BEHALF AND BehaviorFlip ON BEHALF OF ITS AFFILIATES AND ITS LICENSORS AND THEIR RESPECTIVE CONTRACTORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE LICENSED SOFTWARE PROGRAMS AND DOCUMENTATION, ANY I M P L I E D INCLUDING ALL IMPLIED WARRANTIES Of OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND POTENTIAL IMPLEMENTATION DELAYSNON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. BehaviorFlip DOES NOT WARRANT WITHOUT LIMITATION TO THE FOREGOING, THE CONTRACTOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT SOFTWARE WILL MEET THE CLIENT’S 'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED ANY ERRORS OR ERROR-FREE, DEFECTS CAN OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE8.11 Voiding of Warranty. If the breach of any warranty set forth by Contractor in this Article 8 is caused through any action, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESSerror, ACCURACYor omission of Client, RELIABILITYany Authorized User, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTYother person provided access to the Licensed Software Programs by Client or any Authorized User, such warranty shall not apply and shall be considered null and void. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES* 43 Describe any service standards or guarantees that apply to your services (policies, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTmetrics, KPIs, etc.) Envisage has standards related to guaranteed uptime and resolution of any problems with the Acadis software. Envisage guarantees a 99.5% uptime for Acadis, notwithstanding periods of scheduled routine maintenance. Envisage Technical staff monitors system and network performance to ensure adherence to this established standard. Acadis has been engineered for flexible deployment with redundancy selectable according to customer needs. Database availability on Amazon Web Services (AWS) is quite high based on automated backups and scripted restoration to the same or a different geographically disparate availability zone. Our hosting services with AWS, provided as part of our SaaS offering, include customer data backup and remote site disaster recovery. Our technical staff captures nightly off-site backups of the database, and data backups are encrypted and stored in secure locations (encryption level is 256- bit FIPS 140-2 certified). Upon expiration of mandated retention timelines, unneeded backups and data are destroyed based on NIST and XxxXXXX suggested sanitization schedules. In accordance with the Envisage Disaster Recovery (DR) process, Envisage has established a recovery time objective (RTO) of three (3) to five (5) days and recovery point objective (RPO) of twenty-four (24) hours between the primary and alternate availability zone. In case of failure of an availability zone, the contingency plan is activated to migrate the affected servers to alternate availability zone managed by AWS GovCloud. Our standard priority levels and resolution targets for customer emergency and issue response are outlined in the attachment to this section. * 44 Describe any service or support contract options for the items included in your proposal. Service and support are included in the annual SaaS subscription. They are not an option. Additional onsite training is available on an hourly cost basis, plus travel expenses. To accelerate the implementation process when needed, we offer a RapidStart option, which provides one or more dedicated Software Project Consultants to explore in-depth exactly how the client will use Acadis and structure the implementation to their needs. * 45 What are your payment terms (e.g., net 10, net 30)? Our payment terms are net 30. The Acadis SaaS license is billed annually with the first installment invoiced upon contract signing. Annual renewals are billed one month in advance of the service expiration date and are due prior to the expiration date. * 46 Describe any leasing or financing options available for use by educational or governmental entities. We have no leasing or financing options. * 47 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities' purchase orders. Envisage proposes to process Sourcewell participating entities' purchase orders directly, just as we have successfully done for the past 19 years with our GSA cooperative purchasing vehicle and the quarterly reporting of its related Industrial Funding Fee. Entities desiring to place an order with Envisage should reach out to our sales team for an executable quote document made pursuant to these terms, and upon full execution and delivery of the respective items therein, Envisage shall submit an invoice (or process a purchase order, if required by the client) for said amounts. Clients utilizing this vehicle will be denoted as such within the quote and invoice/PO documents, as well as within our CRM and accounting systems, to ensure that reporting is accurately captured and timely submitted. *

Disclaimer of Other Warranties. SOFTWARE (a) EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 3.4 AND 6 OF THESE GENERAL TERMS AND CONDITIONS, DataBank MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SOFTWARE, WORK PRODUCTS, INNOVATIONS, INFORMATION OR SERVICES ARE PROVIDED “AS IS” UNDER THIS AGREEMENT OR ANY SOW. DataBank DISCLAIMS AND WITHOUT WARRANTY OF EXCLUDES ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY I M P L I E D WARRANTIES Of MERCHANTABILITYOF GOOD TITLE, WARRANTIES AGAINST INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYSWARRANTIES THAT MAY ARISE OR BE DEEMED TO ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BehaviorFlip DataBank DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT ANY SERVICES, SOFTWARE OR WORK PRODUCTS PROVIDED WILL MEET CLIENTSATISFY CUSTOMER’S REQUIREMENTSREQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF THE ANY SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT ANY WORK PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE CORRECTEDUNINTERRUPTED. FURTHERMORE, BehaviorFlip DataBank DOES NOT WARRANT ASSUME ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY THIRD PARTY HARDWARE, FIRMWARE, SOFTWARE OR MAKE ANY REPRESENTATIONS REGARDING SERVICES. (b) CUSTOMER SPECIFICALLY ASSUMES RESPONSIBILITY FOR THE USE OR THE RESULTS SELECTION OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESSSOFTWARE, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE WORK PRODUCTS AND SERVICES IS AT CLIENT’S OWN RISKTO ACHIEVE ITS BUSINESS OBJECTIVES. (c) No oral or written information given by DataBank, its agents, or employees shall create any additional warranty. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip No modification or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIESaddition to the limited warranties set forth in this Agreement is authorized unless it is set forth in writing, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTreferences this Agreement, and is signed on behalf of DataBank by a corporate officer.

Disclaimer of Other Warranties. SOFTWARE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ECHO360’s PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN)KIND, AND BehaviorFlip AND ITS LICENSORS ECHO360 EXPRESSLY DISCLAIM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY I M P L I E D IMPLIED WARRANTIES Of OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND POTENTIAL IMPLEMENTATION DELAYSNON‐INFRINGEMENT. BehaviorFlip ECHO360 DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT ECHO360’S PRODUCTS SERVICES OR DELIVERABLES WILL MEET CLIENTSUBSCRIBER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E PRODUCTS, SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE, ERROR‐FREE OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTEDDEFECT‐FREE. FURTHERMORE, BehaviorFlip ECHO360 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE ECHO360’S PRODUCTS, SERVICES OR SERVICES DELIVERABLES IN TERMS OF THE CORRECTNESS, ACCURACY, RELIABILITYRELIABILITY OR OTHERWISE AND ECHO360 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE PRODUCTS, SECURITY SERVICES OR OTHERWISEDELIVERABLES WILL BE COMPATIBLE WITH ANY PARTICULAR APPLICATION, OR PROGRAM OTHER THAN THOSE STATED IN ECHO360’S DOCUMENTATION. CLIENT SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE USE OF SOFTWARE AND ECHO360’S PRODUCTS SERVICES OR DELIVERABLES IS AT CLIENTSUBSCRIBER’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THEREFORE, THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTSUBSCRIBER.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip SCHOOLMINT AND ITS LICENSORS LICEN- SORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGIN- CLUDING, BUT NOT LIMITED TO, ANY I M P L I E D IM- PLIED WARRANTIES Of OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip SCHOOLMINT DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT PROD- UCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip SCHOOLMINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE BY SCHOOLMINT OR AN SCHOOLMINT REP- RESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION EX- CLUSION MAY NOT FULLY APPLY TO CLIENT.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES, MANAGERS, OFFICERS OR DIRECT OR INDIRECT EQUITYHOLDERS, INCLUDING THE SELLERS, HAS MADE ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGOF ANY NATURE WHATSOEVER RELATING TO THE COMPANY OR THE BUSINESS OF THE COMPANY, BUT NOT LIMITED TOOR OTHERWISE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY, ANY I M P L I E D OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES Of MERCHANTABILITYEXPRESSLY SET FORTH IN THIS ARTICLE IV (IN EACH CASE, FITNESS AS QUALIFIED BY THE APPLICABLE SCHEDULE AND EACH OTHER SCHEDULE FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT WHICH IT IS REASONABLY APPARENT ON THE FACE OF SUCH DISCLOSURE THAT THE FUNCTIONALITY CONTAINED INFORMATION IS RELEVANT TO SUCH OTHER SCHEDULE) AND IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OTHER TRANSACTION DOCUMENTS OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTYCERTIFICATE DELIVERED PURSUANT HERETO OR THERETO, AS APPLICABLE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIESWithout limiting the generality of the foregoing, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTexcept as expressly set forth in the representations and warranties contained in this Article IV (in each case, as qualified by the applicable Schedule and each other Schedule for which it is reasonably apparent on the face of such disclosure that the information is relevant to such other Schedule), in the other Transaction Documents or in any certificate delivered pursuant hereto or thereto, neither the Company, nor any Affiliate of the Company, nor any of their respective representatives, employees, officers, directors, managers, partners or direct or indirect equityholders, has made, and shall not be deemed to have made, any representations or warranties in the materials relating to the business of the Company made available to Buyer, including due diligence materials, or in any presentation of the business of the Company by management of the Company or others in connection with the Transactions contemplated hereby, and no statement contained in any of such materials or made in any such presentation shall be deemed a representation or warranty hereunder. It is understood that, except as expressly covered by the representations and warranties set forth in Article IV (in each case, as qualified by the correspondingly numbered section of the Schedules) or in the Transaction Documents, any cost estimates or projections made available by the Company and its representatives, are not and shall not be deemed to be or to include representations or warranties of the Company. Notwithstanding anything to the contrary in this Agreement, the foregoing shall not prevent or limit any action or recovery for Fraud.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip ILLUMINATE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY I M P L I E D IMPLIED WARRANTIES Of OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip ILLUMINATE DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E OR CLOUD HOSTING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip ILLUMINATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip BY ILLUMINATE OR AN ILLUMINATE REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT.

Disclaimer of Other Warranties. SOFTWARE AND 11.1. We expressly disclaim all warranties of any kind, whether express or implied, (a) as to the operation or availability of the Website, or any information, functionality, content, materials, services or products included thereon; (b) that the Website will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, communications sent from or on behalf of Animoca, or any files available for downloading from the Website are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply; but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 11.2. You are responsible for implementing appropriate measures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY KIND (MATERIAL MADE AVAILABLE THEREON. 11.3. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS EXPLICITLY PROVIDED FOR HEREIN)IT IS DUE TO OUR FRAUD, AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 11.4. WE HEREBY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO ANY I M P L I E D WARRANTIES Of OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip PIKMYKID AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY I M P L I E D IMPLIED WARRANTIES Of OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip PIKMYKID DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT SOFTWARE WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip PIKMYKID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip BY PIKMYKID OR AN PIKMYKID REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT. Without limiting the foregoing, Client acknowledges and agrees that (i) Pikmykid cannot guarantee the performance of any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, (ii) delivery of any messages or any information regarding End Users in connection with the operation or use of the Services is not guaranteed and neither Pikmykid nor any Third Party Service Provider or Emergency Service Provider shall be responsible for any failure of delivery, and (iii) Pikmykid shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. Client acknowledges and agrees that the Services and Products are not intended to replace the services of primary safety and emergency response services, including without limitation, 911 or equivalent, fire, police, emergency medical and public health services (collectively, “Emergency Service Providers”).

Disclaimer of Other Warranties. SOFTWARE The warranty set forth in Section 6(a) is in lieu of all other warranties of the Lessor, whether written, oral or implied, with respect to this Lease, the Transmission System or the Undivided Interest. As between the Lessor and the Lessee, execution by the Lessee of this Lease (including each Lease Supplement) shall be conclusive proof of the compliance of the Transmission System, any Alteration and any Replacement Component and the Undivided Interest with all requirements of this Lease and any such Lease Supplement, and THE LESSOR LEASES AND SERVICES ARE PROVIDED “THE LESSEE TAKES THE UNDIVIDED INTEREST AS IS AND WHERE IS” AND WITHOUT WARRANTY OF , and the Lessor shall not be deemed to have made, and THE LESSOR HEREBY DISCLAIMS, ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN)OTHER REPRESENTATION OR WARRANTY, AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE TRANSMISSION SYSTEM OR THE UNDIVIDED INTEREST, OR ANY I M P L I E D WARRANTIES Of MERCHANTABILITYPART THEREOF, THE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR A ANY PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT THAT TITLE TO THE FUNCTIONALITY CONTAINED IN TRANSMISSION SYSTEM OR THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTSUNDIVIDED INTEREST, OR THAT ANY PART THEREOF, THE OPERATION QUALITY OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED MATERIAL OR ERROR-FREEWORKMANSHIP THEREOF OR CONFORMITY THEREOF TO THE PLANS AND SPECIFICATIONS, OR THAT DEFECTS THE ABSENCE OF ANY LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, NOR SHALL THE LESSOR BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LIABILITY IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORETORT, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY STRICT OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip ), it being agreed that all such risks, as between the Lessor and the Lessee, are to be borne by the Lessee, but the Lessor authorizes the Lessee, at the Lessee's expense, to assert for the Lessor's account, during the Lease Term, so long as no Default or Event of Default shall have occurred and be continuing hereunder, all of the Lessor's rights under any applicable warranty and any other claims that the Lessee or the Lessor may have against the Contractor, whether under the Construction Contract or otherwise, or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTYvendor, manufacturer or sub-contractor with respect to the Transmission System or the Undivided Interest hereunder or under the Purchase Documents, and the Lessor agrees to cooperate, at the Lessee's expense, with the Lessee in asserting such rights. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIESAny amount received by the Lessee as payment under any such warranty or other claim shall be applied FIRST, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENTto restore the Transmission System to the condition required by Section 8 hereof, SECOND, to reimburse the Lessee for its reasonable out-of-pocket fees and expenses, if any, incurred in enforcing any such warranty or other claim, and THIRD, the balance, if any, of such amount shall, to the extent, but only to the extent, of the Lessor's Share, be paid over to and retained by the Lessor.

Disclaimer of Other Warranties. SOFTWARE AND 10.1. We expressly disclaim all warranties of any kind, whether express or implied, (a) as to the operation or availability of the Website, or any information, functionality, content, materials, services or products included thereon; (b) that the Website will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, communications sent from or on behalf of Outblaze, or any files available for downloading from the Website are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply; but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 10.2. You are responsible for implementing appropriate measures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY KIND (MATERIAL MADE AVAILABLE THEREON. 10.3. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS EXPLICITLY PROVIDED FOR HEREIN)IT IS DUE TO OUR FRAUD, AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10.4. WE HEREBY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO ANY I M P L I E D WARRANTIES Of OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND POTENTIAL IMPLEMENTATION DELAYS. BehaviorFlip DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE O R H O S T I N G S E RV I C E S W I L L B E UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT AGREES THAT THE USE OF SOFTWARE AND SERVICES IS AT CLIENT’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO CLIENT.