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 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 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 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 (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 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 SERVICES POWERSCHOOL PRODUCT(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY EXCEPT AS PROVIDED FOR HEREININ SECTION 9), AND BehaviorFlip POWERSCHOOL 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, AND NON- INFRINGEMENT. BehaviorFlip POWERSCHOOL DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT POWERSCHOOL PRODUCT(S) WILL MEET CLIENTCUSTOMER’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 POWERSCHOOL PRODUCT(S) OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT POWERSCHOOL PRODUCT(S) WILL BE CORRECTED. FURTHERMORE, BehaviorFlip POWERSCHOOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES POWERSCHOOL PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY SECURITY, OR OTHERWISE. CLIENT CUSTOMER AGREES THAT THE USE OF SOFTWARE AND SERVICES POWERSCHOOL PRODUCT(S) IS AT CLIENTCUSTOMER’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip BY POWERSCHOOL OR A POWERSCHOOL REPRESENTATIVE SHALL WILL 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 CLIENTCUSTOMER.

Disclaimer of Other Warranties. SOFTWARE AND SERVICES ARE LICENSED PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY EXCEPT AS PROVIDED FOR HEREIN)IN SECTION 8), AND BehaviorFlip CROW CANYON 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, PURPOSE AND POTENTIAL IMPLEMENTATION DELAYSNON-INFRINGEMENT. BehaviorFlip CROW CANYON DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET CLIENTLICENSEE’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 LICENSED PRODUCT WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, BehaviorFlip CROW CANYON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES LICENSED PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. CLIENT LICENSEE AGREES THAT THE USE OF SOFTWARE AND SERVICES LICENSED PRODUCT IS AT CLIENTLICENSEE’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN B Y BehaviorFlip or any BehaviorFlip BY CROW CANYON OR A CROW CANYON 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 CLIENTLICENSEE.

Disclaimer of Other Warranties. SOFTWARE THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS, EQUIPMENT, MOTOROLA SOFTWARE, AND RECONFIGURATION SERVICES PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE FOREGOING EXPRESS WARRANTIES, THE PRODUCTS, EQUIPMENT, MOTOROLA SOFTWARE, AND RECONFIGURATION SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (UNLESS EXPLICITLY PROVIDED FOR HEREIN), AND BehaviorFlip AND ITS LICENSORS EXPRESSLY DISCLAIM MOTOROLA DISCLAIMS ALL OTHER WARRANTIESWARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY I M P L I E D INCLUDING THE IMPLIED WARRANTIES Of MERCHANTABILITY, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTOROLA DOES NOT WARRANT THAT LICENSEE’S USE OF THE MOTOROLA SOFTWARE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE OR THE PRODUCTS WILL MEET LICENSEE’S PARTICULAR REQUIREMENTS. MOTOROLA MAKES NO WARRANTIES CONCERNING NON-MOTOROLA SOFTWARE. LICENSEE IS RESPONSIBLE FOR, AND POTENTIAL IMPLEMENTATION DELAYSMOTOROLA MAKES NO WARRANTY CONCERNING, THE BACK-UP AND DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPMENT, OR DATA ENTRY AND LOADING. BehaviorFlip MOTOROLA DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED SYSTEM OR EQUIPMENT OR SOFTWARE IN THE LICENSED PRODUCT WILL MEET CLIENT’S REQUIREMENTSSYSTEM THAT IS MODIFIED BY THE RECONFIGURATION SERVICES, OR ANY NEWLY PROVIDED EQUIPMENT OR SOFTWARE, WILL SATISFY THE COMPARABLE FACILITIES STANDARD; THAT THE OPERATION DETERMINATION IS FOR LICENSEE TO MAKE. THIS DISCLAIMER 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 WARRANTY CONSTITUTES AN ESSENTIAL PART 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 CLIENTTHIS AGREEMENT.