Common use of Disclaimer of Warranties and Liability Clause in Contracts

Disclaimer of Warranties and Liability. AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Disclaimer of Warranties and Liability. AT&T MAKES NO 9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE WIKITUDE SDK IS AT YOUR SOLE RISK. THE WIKITUDE SDK IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. - WIKITUDE EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEMERCHANTABLE QUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE TRADE. - ANY MATERIAL OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS SOFTWARE USED THROUGH THE WIKITUDE SDK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE ROUTED SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR COMPLETED WITHOUT ERROR LOSS OF DATA OR INTERRUPTION (INCLUDING 911 CALLS)ANY OTHER DAMAGE THAT RESULTS FROM THE USE OF THE WIKITUDE SDK, NOR RESPECTIVELY. - NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKITUDE SHALL CREATE ANY WARRANTY REGARDING NETWORK SECURITY, NOT EXPRESSLY STATED IN THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMSTERMS AND CONDITIONS.

Disclaimer of Warranties and Liability. AT&T MAKES NO EXPRESS YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND WI-FI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR IMPLIED WARRANTY OTHER PROBLEMS WITH ACCESS TO SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND DISCLAIMS OTHER ELECTRONIC DEVICES CONNECTED TO THE SERVICE OR LOSS OF DATA THAT RESULTS FROM ANY WARRANTIES MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. YOU SHOULD TAKE ALL PRECAUTIONS FOR THE SECURITY OF MERCHANTABILITYYOUR DEVICES AND INFORMATION. VIASAT AND ITS RESPECTIVE SUPPLIERS, PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE SERVICE OR THE INFORMATION AVAILABLE THROUGH IT. TO THE FULLEXT EXTENT PERMITTED BY APPLICABLE LAW, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES UNDER NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION CIRCUMSTANCES SHALL VIASAT (INCLUDING 911 CALLS)PARENTS, NOR ANY WARRANTY REGARDING NETWORK SECURITYSUBSIDIARIES, AND AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, OR REPRESENTATIVES) (COLLECTIVELY, THE ENCRYPTION EMPLOYED BY “DISCLAIMING PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR MISUSE OF THE SERVICE, THE INTEGRITY VIOLATIONS OF THESE TERMS BY YOU, VIOLATION OF VIASAT’S ACCEPTABLE USE POLICY BY YOU OR ANY DATA THAT IS SENTACTIONS BY THIRD PARTIES NOT AFFILIATED WITH VIASAT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION EVEN IF ADVISED BEFOREHAND OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR POSSIBILITY OF SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMSDAMAGES.

Disclaimer of Warranties and Liability. AT&T MAKES NO DURING EVALUATION, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, THE SOLUTIONS ARE OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, NON-INFRINGEMENT INFRINGEMENT, OR THOSE ARISING FROM BY LAW, STATUTE, USAGE OF TRADE TRADE, OR COURSE OF DEALING. FURTHERCUSTOMER ASSUMES ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOLUTIONS AND ACKNOWLEDGES THAT THE USE OF THE SOLUTIONS, AT&T MAKES NO WARRANTY TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH SENTINELONE'S INSTRUCTIONS. WITHOUT DEROGATING FROM THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. FOR ALL EVALUATIONS, OR EARLY ADOPTION OR BETA USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO: INTEROPERABILITYWHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SOLUTIONS OR ACCESS TO INFORMATION, OR INTERCONNECTION THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE SERVICES WITH APPLICATIONSTHEORY OF LIABILITY (CONTRACT, EQUIPMENTTORT OR OTHERWISE), SERVICESEVEN IF SENTINELONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CONTENT OR NETWORKS THAT THEY ARE FORESEEABLE. XXXXXXXXXXX IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED BY FREE OF CHARGE FOR EVALUATION, EARLY ADOPTION OR BETA PURPOSES ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED US $100. IN JURISDICTIONS WHERE THE EXCLUSION OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIMITATION OF LIABILITY FOR SUCH EXPLICITLY SET FORTH CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SENTINELONE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Disclaimer of Warranties and Liability. AT&T MAKES NO EXCEPT AS OTHERWISE PROVIDED IN SECTION 5 ABOVE, AND IN CONNECTION WITH THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED, DX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. DX AND ITS OFFICERS, TITLEDIRECTORS, NONEMPLOYEES, AGENTS, CONTRACTORS OR ANY OTHER PERSON OR ENTITY ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THIRD-INFRINGEMENT PARTY NETWORK OPERATING SYSTEMS, COMPUTER HARDWARE, SOFTWARE, OR THOSE ARISING FROM USAGE PERIPHERALS THAT YOU USE IN CONJUNCTION WITH THE PRODUCT, OR THAT ANY NETWORK-ACCESSIBLE FEATURES OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS THE PRODUCT WILL BE ROUTED CONTINUALLY ACCESSIBLE OR COMPLETED WITHOUT ERROR ACCESSIBLE AT ANY TIME. THE THIRD- PARTY SOURCE CODES USED IN THE SOFTWARE ARE PROVIDED BY THIRD-PARTY LICENSORS “AS IS,” WHO DISCLAIM ANY EXPRESSED OR INTERRUPTION (IMPLIED WARRANTIES, INCLUDING 911 CALLS), NOR BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED SUCH THIRD-PARTY LICENSOR OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS ITS CONTRIBUTORS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT DX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RELATING OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATED IN ANY WAY OR MANNER TO LOSS OF BUSINESS AND BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS OF ABILITY TO SELL, TRANSFER, ASSIGN OR SECURITIZE ANY LOAN ON ANY PARTICULAR TERMS CAUSED OR RELATED TO ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) RELATED TO: INTEROPERABILITY, ACCESS TO CONNECTED WITH OR INTERCONNECTION THAT MAY OTHERWISE ARISE OUT OF THE USE OF THE SOFTWARE OR ASSOCIATED ONLINE SERVICES ON DX’S WEB SITE. IN NO EVENT WILL DX BE LIABLE TO YOU IN ANY AGGREGATE AMOUNT EXCEEDING FIVE THOUSAND DOLLARS ($5,000.00). WITH APPLICATIONSRESPECT TO THE SOFTWARE, EQUIPMENTSOFTWARE DOCUMENTATION PRODUCTS AND ALL OTHER SERVICES PROVIDED HEREUNDER, DX DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED IN ANY PRESS RELEASES, ADVERTISING, NEWSLETTERS, WEBSITE UPDATES OR BY ANY OF DX’S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LEGAL REPRESENTATIVES, AGENTS OR ANY OTHER PARTIES RELATED TO DX, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IN ANY SUCH EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN TIME AND DURATION TO ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE OR YOUR INITIAL AUTHORIZATION TO USE THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED BY DX OR BY YOUR INITIAL USE OF THE SOFTWARE, SERVICES AND PRODUCTS PROVIDED BY DX, WHICHEVER EVENT OCCURS FIRST IN TIME. THE LIABILITY OF DX AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LEGAL REPRESENTATIVES OR ANY OTHER PERSON OR ENTITY, TO YOU OR ANY OF YOUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS LEGAL REPRESENTATIVES OR ANY OTHER PERSON OR ENTITY, FOR ANY CLAIM OR CAUSE OF ACTION, WHETHER ANY SUCH CLAIMS ARE MADE IN BREACH OF CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER SUCH CAUSE OF ACTION OR OTHERWISE THAT MAY BE RELATED TO, CONNECTED WITH OR THAT MAY OTHERWISE ARISE OUT OF THIS AGREEMENT SHALL BE LIMITED WITH RESPECT TO EACH MORTGAGE LOAN TRANSACTION FOR WHICH THE SOFTWARE, SERVICES, CONTENT PRODUCTS DISCLOSURES OR NETWORKS PROVIDED BY CUSTOMER ANY OTHER SERVICES OR OTHERS; SERVICE DEFECTSPRODUCTS WERE UTILIZED TO THE ACTUAL AMOUNTS PAID OR PAYABLE FOR THE SOFTWARE, SERVICE LEVELS, DELAYS OR INTERRUPTIONS SERVICES AND PRODUCTS USED IN CONNECTION WITH SUCH MORTGAGE LOAN TRANSACTION. IN NO EVENT WILL DX BE LIABLE TO YOU IN ANY AGGREGATE AMOUNT EXCEEDING FIVE THOUSAND DOLLARS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN$5,000.00); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.

Disclaimer of Warranties and Liability. AT&T QIE STANDARD IS PROVIDED TO LICENSEE "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. QVERA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT PURPOSE OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALINGUSE. FURTHER, AT&T MAKES NO WARRANTY QVERA DOES NOT WARRANT THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT PRODUCT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL QVERA'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED $US 50.00. IN NO EVENT SHALL QVERA BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION ARISING OUT OF THE SERVICES WITH APPLICATIONSUSE OF OR INABILITY TO USE THE QIE STANDARD, EQUIPMENTREGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, SERVICESTORT (INCLUDING NEGLIGENCE), CONTENT STRICT PRODUCT LIABILITY OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTSOTHERWISE, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY AND REGARDLESS OF WHETHER QVERA HAS BEEN GIVEN NOTICE OF THE POTENTIAL FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION LOSS OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFTDAMAGE. Some states or jurisdictions do not allow the exclusion of implied warranties, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMSso some of the above limitations may not apply to Licensee.

Disclaimer of Warranties and Liability. AT&T MAKES NO EXPRESS LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES THERE IS NO WARRANTY THAT TELEPHONE CALLS THE SOFTWARE DOES NOT INFRINGE THE RIGHTS OF OTHERS, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS OF OTHERS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER TRANSMISSIONS RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), NOR ANY WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA OR TRANSMISSIONS MEET YOUR REQUIREMENTS OR THAT SERVICES THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-ERROR FREE. AT&T WILL NOT NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITYWHATSOEVER (INCLUDING WITHOUT LIMITATION, ACCESS TO LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR INTERCONNECTION OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SERVICES WITH APPLICATIONSSOFTWARE, EQUIPMENTUSE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER CANON, SERVICESCANON'S SUBSIDIARIES OR AFFILIATES, CONTENT THEIR DISTRIBUTORS, DEALERS OR NETWORKS PROVIDED BY CUSTOMER CANON'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR INTERRUPTIONS (EXCEPT FOR EXCLUSION OF LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION INCIDENTAL OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSSCONSEQUENTIAL DAMAGES, OR DESTRUCTION PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF CUSTOMER’S THE SELLER, SO THE ABOVE LIMITATION OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMSEXCLUSION MAY NOT APPLY TO YOU.