Common use of Disclaimer of Warranties and Liability Clause in Contracts

Disclaimer of Warranties and Liability. 11.1 This clause 11 sets out the entire liability (if any) of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User: (a) arising under or in connection with the Agreement; (b) in respect of the Services; (c) in respect of any use made by the User or the Authorised Users of the Services; (d) in respect of any use or reliance made by the User or the Authorised Users on the Contents; and/or (e) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement. 11.2 The User acknowledges and agrees that the Services (including all Contents therein) are provided on an “as is” and “as available” basis, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (other than statutory), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Services and/or the Contents. The User further acknowledges and agrees that the Contents (or parts thereof) originate from third parties and that the Company makes no representation or warranty of the correctness or accuracy of any of the Contents which originate from third parties, except that the Company undertakes to take all reasonable endeavours to ensure the accuracy or correctness of such Contents. Subject to the foregoing, the User acknowledges the risks in its reliance on, access and use of the Services (including the Contents and Software). While the Company does not warrant, the Company undertakes to take all reasonable endeavours to ensure: (a) the accuracy, completeness, availability, fitness for purpose or legality, of the Contents and Software, and any information published by the Company through the Services; (b) the Services (including the Contents and the Software) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and (c) any of the information, data, materials or facilities contained or incorporated in or on the Services (including the Contents), or is communicated to the User and/or the accuracy of the same. 11.3 The Company undertakes to take all reasonable endeavours to ensure security, reliability, timeliness, and performance of the Services. The User further understands and agrees that the User’s access and use of the Services are at the User’s discretion and that the User and its Authorised Users will be responsible for any loss or damages to any mobile device system or computer or loss of data that results from the access and use of the Services. 11.4 Save as otherwise expressly provided for in the Agreement, the Company makes no guarantee, representation or warranty whatsoever except that the Company shall make all reasonable endeavours to ensure that: (a) the Services (including the Contents and Software) shall be error or defect free; (b) the User or the Authorised Users will be able to access the Services or that the Services access will be uninterrupted; (c) the Services (including the Contents and the Software) will meet the User’s requirements or be fit for the User’s purposes, whether or not such requirements or purposes have been informed to the Company or otherwise; (d) the Contents provided via the Services is accurate; and/or (e) concerning the nature and type of the Contents. 11.5 The User acknowledge that its access of the Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by the User, and the User agrees and undertakes that it shall not hold the Company liable in any way whatsoever for such loss or damage that is solely attributed to the User. The User assumes reasonable risks and responsibility for its reliance on the Contents. 11.6 To the extent permitted by law, each Party agrees that the other Party shall not be liable to it in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by it in connection with the Services (including any Contents contained therein) and/or the User Accounts, including but not limited to the User’s access and use of the same. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 11.7 Where the Company’s liability is not expressly excluded under the Agreement, or in the event that any of the exclusions or limitations of liabilities is not permitted by applicable Law, the Parties agree that the Company’s cumulative liability for any claim under or in connection with the Agreement, the Services or the Contents, howsoever it arises and whether based upon warranty, contract, tort, statute, strict liability or otherwise, shall not exceed the total Subscription Fees paid by the User to and that has been received by, the Company in the preceding twelve (12) months from which the claim arises. 11.8 Notwithstanding anything that may be to the contrary, no action may be brought by either Party against the other Party, under the Agreement and/or the Services, more than one (1) year after the cause of action arose. 11.9 The Company assumes no responsibility for the activities or conduct of other users of the Services. 11.10 The Company makes no guarantee nor warranty on any uptimes of the Services although the Company shall use all reasonable endeavours to ensure that the Services are available at least from 09:00 to 18:00 Singapore time during Business Days and the User further acknowledge that the Services may be subject to maintenance at the reasonable discretion of the Company during which access to or use of the Services is not possible, for which the Company will give prior written notice of at least 5 Business Days.

Disclaimer of Warranties and Liability. 11.1 This clause 11 sets out Neither ESASO Foundation, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the entire liability (if any) operation of the Company (Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including any liability for the acts server that makes it available, is free of viruses or omissions of its employees, agents and sub-contractors) other harmful components; as to the User: (a) arising under or in connection with the Agreement; (b) in respect of the Services; (c) in respect of any use made by the User or the Authorised Users of the Services; (d) in respect of any use or reliance made by the User or the Authorised Users on the Contents; and/or (e) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement. 11.2 The User acknowledges and agrees results that the Services (including all Contents therein) are provided on an “as is” and “as available” basis, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (other than statutory), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Services and/or the Contents. The User further acknowledges and agrees that the Contents (or parts thereof) originate may be obtained from third parties and that the Company makes no representation or warranty of the correctness or accuracy of any of the Contents which originate from third parties, except that the Company undertakes to take all reasonable endeavours to ensure the accuracy or correctness of such Contents. Subject to the foregoing, the User acknowledges the risks in its reliance on, access and use of the Services (including Content or other materials on the Contents and Software). While the Company does not warrant, the Company undertakes Site; or as to take all reasonable endeavours to ensure: (a) the accuracy, completeness, reliability, availability, fitness for purpose or legalitysuitability, of the Contents and Software, and any information published by the Company through the Services; (b) the Services (including the Contents and the Software) in respect of their quality, usabilitynon-infringement or operation of any Content, fitness for purpose product or any other aspect thereof; and service provided on or accessible from the Site. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (c) any of the informationEXPRESS, dataIMPLIED AND STATUTORY, materials or facilities contained or incorporated in or on the Services (including the ContentsINCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), or is communicated to the User and/or the accuracy of the same. 11.3 The Company undertakes to take all reasonable endeavours to ensure security, reliability, timeliness, and performance of the ServicesALL OF WHICH ESASO Foundation DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. The User further understands and agrees that the User’s access and use of the Services are at the User’s discretion and that the User and its Authorised Users will be responsible for any loss or damages to any mobile device system or computer or loss of data that results from the access and use of the Services. 11.4 Save as otherwise expressly provided for in the Agreement, the Company makes no guarantee, representation or warranty whatsoever except that the Company shall make all reasonable endeavours to ensure that: (a) the Services (including the Contents and Software) shall be error or defect free; (b) the User or the Authorised Users will be able to access the Services or that the Services access will be uninterrupted; (c) the Services (including the Contents and the Software) will meet the User’s requirements or be fit for the User’s purposes, whether or not such requirements or purposes have been informed to the Company or otherwise; (d) the Contents provided via the Services is accurate; and/or (e) concerning the nature and type of the Contents. 11.5 The User acknowledge that its access of the Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by the User, and the User agrees and undertakes that it shall not hold the Company liable in any way whatsoever for such loss or damage that is solely attributed to the UserYOUR USE OF THE SITE IS AT YOUR SOLE RISK. The User assumes reasonable risks and responsibility for its reliance on the Contents. 11.6 To the extent permitted by lawpermissible under applicable laws, each Party agrees no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the other Party independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors. NEITHER ESASO Foundation NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL ESASO Foundation, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. ESASO Foundation AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESASO Foundation neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system. ESASO Foundation aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. ESASO Foundation shall not be liable to it in contract, tort (including negligence for lost information or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by it in connection with the Services (including any Contents contained therein) and/or the User Accounts, including but not limited to the User’s access and use non-availability of the same. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expensesservices. 11.7 Where the Company’s liability is not expressly excluded under the Agreement, or in the event that any of the exclusions or limitations of liabilities is not permitted by applicable Law, the Parties agree that the Company’s cumulative liability for any claim under or in connection with the Agreement, the Services or the Contents, howsoever it arises and whether based upon warranty, contract, tort, statute, strict liability or otherwise, shall not exceed the total Subscription Fees paid by the User to and that has been received by, the Company in the preceding twelve (12) months from which the claim arises. 11.8 Notwithstanding anything that may be to the contrary, no action may be brought by either Party against the other Party, under the Agreement and/or the Services, more than one (1) year after the cause of action arose. 11.9 The Company assumes no responsibility for the activities or conduct of other users of the Services. 11.10 The Company makes no guarantee nor warranty on any uptimes of the Services although the Company shall use all reasonable endeavours to ensure that the Services are available at least from 09:00 to 18:00 Singapore time during Business Days and the User further acknowledge that the Services may be subject to maintenance at the reasonable discretion of the Company during which access to or use of the Services is not possible, for which the Company will give prior written notice of at least 5 Business Days.

Disclaimer of Warranties and Liability. 11.1 This clause 11 sets out You understand and agree that the entire liability (if any) Company provides the Healthtym Service on an 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Company (Site or the Healthtym Service is at your risk. All warranties including any liability without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, agents affiliates, agents, licensors, or suppliers. The Company does not warrant that any of the software used and sub-contractors) to the User: (a) arising under or licensed in connection with the Agreement; (b) in respect Healthtym Service will be compatible with other third party software or devices nor does it warrant that operation of the Services; (c) in respect Healthtym Service and the associated software will not damage or disrupt other software or hardware. The Company, its affiliates, successors, and assigns, and each of any use made by the User or the Authorised Users of the Services; (d) in respect of any use or reliance made by the User or the Authorised Users on the Contents; and/or (e) in respect of any representationtheir respective investors, statement or tortious act or omission directors, officers, employees, agents, and suppliers (including negligence) arising under or in connection with the Agreement. 11.2 The User acknowledges distributors and agrees that the Services (including all Contents therein) are provided on an “as is” and “as available” basis, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (other than statutory), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Services and/or the Contents. The User further acknowledges and agrees that the Contents (or parts thereof) originate from third parties and that the Company makes no representation or warranty of the correctness or accuracy of any of the Contents which originate from third parties, except that the Company undertakes to take all reasonable endeavours to ensure the accuracy or correctness of such Contents. Subject to the foregoing, the User acknowledges the risks in its reliance on, access and use of the Services (including the Contents and Software). While the Company does not warrant, the Company undertakes to take all reasonable endeavours to ensure: (a) the accuracy, completeness, availability, fitness for purpose or legality, of the Contents and Software, and any information published by the Company through the Services; (b) the Services (including the Contents and the Software) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and (c) any of the information, data, materials or facilities contained or incorporated in or on the Services (including the Contents), or is communicated to the User and/or the accuracy of the same. 11.3 The Company undertakes to take all reasonable endeavours to ensure security, reliability, timeliness, and performance of the Services. The User further understands and agrees that the User’s access and use of the Services are at the User’s discretion and that the User and its Authorised Users will be responsible for any loss or damages to any mobile device system or computer or loss of data that results from the access and use of the Services. 11.4 Save as otherwise expressly provided for in the Agreement, the Company makes no guarantee, representation or warranty whatsoever except that the Company shall make all reasonable endeavours to ensure that: (a) the Services (including the Contents and Softwarecontent licensors) shall not be error liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or defect free; (b) the User or the Authorised Users will be able to access the Services or that the Services access will be uninterrupted; (c) the Services (including the Contents and the Software) will meet the User’s requirements or be fit for the User’s purposes, whether or not such requirements or purposes have been informed to the Company or otherwise; (d) the Contents provided via the Services is accurate; and/or (e) concerning the nature and type of the Contents. 11.5 The User acknowledge that its access of the Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by the User, and the User agrees and undertakes that it shall not hold the Company liable in any way whatsoever for such loss or damage that is solely attributed to the User. The User assumes reasonable risks and responsibility for its reliance on the Contents. 11.6 To the extent permitted by law, each Party agrees that the other Party shall not be liable to it in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by it in connection connected with the Services (including any Contents contained therein) and/or the User Accounts, including but not limited to the User’s access and use of the same. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 11.7 Where the Company’s liability is not expressly excluded under the Agreement, or in the event that any of the exclusions or limitations of liabilities is not permitted by applicable Law, the Parties agree that the Company’s cumulative liability for any claim under or in connection with the Agreement, the Services Site or the ContentsHealthtym Service, howsoever it arises and whether based upon warranty, in contract, tort, statutestrict liability, strict liability or otherwiseother theory, shall not exceed the total Subscription Fees paid by the User to and that has been received by, even if the Company in the preceding twelve (12) months from which the claim arises. 11.8 Notwithstanding anything that may be to the contrary, no action may be brought by either Party against the other Party, under the Agreement and/or the Services, more than one (1) year after the cause of action arose. 11.9 The Company assumes no responsibility for the activities or conduct of other users have been advised of the Services. 11.10 The Company makes no guarantee nor warranty on possibility of damages. In the event any uptimes of the Services although exclusion contained herein be held to be invalid for any reason and the Company shall use all reasonable endeavours to ensure that the Services are available at least from 09:00 to 18:00 Singapore time during Business Days and the User further acknowledge that the Services may be subject to maintenance at the reasonable discretion or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company during which access or any of its affiliate entities, officers, directors or employees shall be limited to or use not exceeding subscription charges paid by you in the month preceding the date of your claim for the Services is not possible, for which the Company will give prior written notice of at least 5 Business Daysparticular subscription in question chosen by you.

Disclaimer of Warranties and Liability. 11.1 This clause 11 sets out the entire liability (if any) of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User: (a) arising under MCM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, AND EACH SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY. MCM AND ITS AFFILIATES EACH SPECIFICALLY DISCLAIM ANY KNOWLEDGE OF ANY PURPOSE FOR WHICH THE SERVICES SHALL BE USED BY CUSTOMER. MATERIAL SUPPLIED BY MCM IN THE SERVICES CONSTITUTES OPINION AND NOT FACT. Such material supplied in the Services is based upon information obtained by MCM from a number of sources and MCM may be unable to verify the accuracy of that information. Accordingly, neither MCM nor its affiliates shall be liable to Customer for: (1) any faults in the delivery, transmission or in connection with the Agreement; (b) in respect content of the Services; (c) , of for contingencies beyond their control, in respect of any use made by the User producing, supplying, or the Authorised Users of compiling, transpositioning or delivering the Services; ; (d) in respect of any use or reliance made by the User or the Authorised Users on the Contents; and/or (e) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement. 11.2 The User acknowledges and agrees that the Services (including all Contents therein) are provided on an “as is” and “as available” basis, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (other than statutory), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Services and/or the Contents. The User further acknowledges and agrees that the Contents (or parts thereof) originate from third parties and that the Company makes no representation or warranty of the correctness or accuracy of any of the Contents which originate from third parties, except that the Company undertakes to take all reasonable endeavours to ensure the accuracy or correctness of such Contents. Subject to the foregoing, the User acknowledges the risks in its reliance on, access and use of the Services (including the Contents and Software). While the Company does not warrant, the Company undertakes to take all reasonable endeavours to ensure: (a) the accuracy, completeness, availability, fitness for purpose or legality, of the Contents and Software, and any information published by the Company through the Services; (b) the Services (including the Contents and the Software) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and (c2) any of the informationerrors, data, materials or facilities contained or incorporated in or on the Services (including the Contents)omissions, or is communicated to the User and/or the accuracy of the same. 11.3 The Company undertakes to take all reasonable endeavours to ensure security, reliability, timeliness, and performance of the Services. The User further understands and agrees that the User’s access and use of the Services are at the User’s discretion and that the User and its Authorised Users will be responsible for any loss or damages to any mobile device system or computer or loss of data that results from the access and use of the Services. 11.4 Save as otherwise expressly provided for inaccuracies in the Agreement, the Company makes no guarantee, representation information or warranty whatsoever except that the Company shall make all reasonable endeavours to ensure that: (a) the Services (including the Contents and Software) shall be error or defect free; (b) the User or the Authorised Users will be able to access analyses contained in the Services or that delays or interruptions in delivery of a Service for any reason; (3) any decision made or action taken by Customer in reliance upon the Services access will be uninterrupted; information or analyses contained in the Services; (c4) the Services (including the Contents and the Software) will meet the User’s requirements or be fit for the User’s purposes, whether or not such requirements or purposes have been informed to the Company or otherwise; (d) the Contents provided via the Services is accurate; and/or (e) concerning the nature and type of the Contents. 11.5 The User acknowledge that its access of the Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss business revenues, lost profits, or damage suffered by the User, and the User agrees and undertakes that it shall not hold the Company liable in any way whatsoever for such loss or damage that is solely attributed to the User. The User assumes reasonable risks and responsibility for its reliance on the Contents. 11.6 To the extent permitted by law, each Party agrees that the other Party shall not be liable to it in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by it in connection with the Services (damages arising from any subscription, including any Contents contained therein) and/or the User Accounts, including but not limited claims related to the User’s access and use timeliness of the same. For the purposes deliveries of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 11.7 Where the Company’s liability is not expressly excluded under the Agreement, or in the event that any of the exclusions or limitations of liabilities is not permitted by applicable Law, the Parties agree that the Company’s cumulative liability for any claim under or in connection with the Agreement, the Services or the Contentsquality or accuracy of information upon which a Service is based, howsoever it arises and whether based upon warranty, in contract, tort, statute, strict liability tort or otherwise, shall not exceed even if advised of the total Subscription Fees paid by the User to and possibility of such damages; (5) any claim that has been received by, the Company in the preceding twelve (12) months from which the claim arises. 11.8 Notwithstanding anything that may be to the contrary, no action may be brought by either Party against the other Party, under the Agreement and/or the Services, arose more than one (1) year after prior to the cause institution of action arosesuit therefor; or (6) any claim -40- 40 arising from causes beyond MCM's reasonable control including, but not limited to, Customers selection and use of its own computer hardware system. CUSTOMER AGREES THAT MCM'S MAXIMUM LIABILITY FOR ANY AND ALL CAUSES SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES DURING THE FIRST INITIAL TERM OF THIS AGREEMENT TO EXPIRE. 11.9 The Company assumes no responsibility for (b) Customer will indemnify and hold MCM and its affiliates and its and their employees, agents, contractors and subcontractors harmless from and against any loss, cost or damage (including reasonable attorneys' fees) in connection with any claim or action which may be brought by any third party, arising out of: (i) any faults, interruptions or delays in the activities or conduct of other users of the Services. 11.10 The Company makes no guarantee nor warranty on any uptimes delivery of the Services although to Customer or in the Company shall use all reasonable endeavours to ensure that placing of inhibits (if applicable), or for any inaccuracies, errors or omissions in the information contained in the Services are available at least from 09:00 as supplied or contributed by the Customer, however such faults, interruptions, delays, inaccuracies, errors or omissions arise; (ii) the furnishing, performance, maintenance, or use of, or inability to 18:00 Singapore time during Business Days use the Service and the User further acknowledge any other materials furnished to Customer by or on behalf of MCM notwithstanding that the Services may be subject to maintenance at the reasonable discretion MCM has been advised of the Company during which access to possibility that such loss, or use of the Services is not possible, for which the Company damage may or will give prior written notice of at least 5 Business Daysarise.

Disclaimer of Warranties and Liability. 11.1 13.1 This clause 11 [13] sets out the entire liability (if any) of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the UserCustomer : (a) arising under or in connection with the Agreementthis agreement; (b) in respect of the Services; (c) in respect of any use made by the User you or the your Authorised Users of the Services; (d) in respect of any use or reliance made by the User or the Authorised Users on the Contents; and/or (ed) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreementthis agreement. 11.2 The User acknowledges 13.2 You acknowledge and agrees agree that the Services (including all Contents therein) are provided on an “as is” and “as available” basis, with all faults, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (other than statutorystatutory or otherwise), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Services and/or the ContentsServices. The User Company further acknowledges and agrees makes no warranty that the Contents Services do not infringe the rights (or parts thereofincluding Intellectual Property Rights) originate from third parties and that the Company makes no representation or warranty of the correctness or accuracy of any of the Contents which originate from third parties, except that the Company undertakes to take all reasonable endeavours to ensure the accuracy or correctness of such Contentsparty. Subject to the foregoing, the User acknowledges the you wholly assume all risks in its reliance on, your access and use of the Services (including the Contents and Software)Services. While Hence, the Company does not warrant, the Company undertakes to take and excludes all reasonable endeavours to ensureliability in respect of: (a) the accuracy, completeness, availability, fitness for purpose or legality, legality of the Contents and Software, and any information published by the Company through the Services, or that is communicated to you relating to the Services; (b) the Services (including the any Contents and the Softwaretherein) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and (c) any of the information, data, materials or facilities contained or incorporated in or on the Services (including the Contents)Services, or is communicated to the User and/or the accuracy of the same. 11.3 13.3 The Company undertakes to take all reasonable endeavours to ensure disclaims any warranties regarding security, reliability, timeliness, and performance of the Services. The User You further understands understand and agrees agree that the User’s your access and use of the Services are at the User’s your own discretion and risk and that the User and its Authorised Users you will be solely responsible for any loss or damages to any your mobile device system or computer or loss of data that results from the access and use of the Services. 11.4 13.4 Save as otherwise expressly provided for in the Agreementthese Terms, the Company makes no guarantee, representation or warranty whatsoever except that the Company shall make all reasonable endeavours to ensure that: (a) the Services (including the any Contents and Softwaretherein) shall will be error or defect free; (b) the User or the Authorised Users you will be able to access the Services or that the Services access will be uninterrupted; (c) the Services (including the Contents and the Software) will meet the User’s your requirements or be fit for the User’s your purposes, whether or not such requirements or purposes have been informed to the Company or otherwise;; and/or (d) the Contents any information (including Foreground Data) provided via the Services is accurate; and/or (e) concerning the nature and type of the Contents. 11.5 The User 13.5 You acknowledge that its your access of the Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by the Useryou, and the User agrees you agree and undertakes undertake that it you shall not hold the Company liable in any way whatsoever for such the said loss or damage that is solely attributed to the Userdamage. The User assumes reasonable You fully assume all risks and responsibility for its your reliance on the ContentsContents or Foreground Data and the Company makes no warranty/representation in relation to the accuracy of such Contents or Foreground Data. 11.6 13.6 To the extent permitted by law, each Party agrees you agree that the other Party Company shall not be liable to it you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any any: (a) loss of your data whatsoever; (b) indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by it you in connection with the Services (including any Contents contained therein) and/or the your User Accounts, including but not limited to the User’s your access and use of the same. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 11.7 13.7 Where the Company’s liability is not expressly excluded under the Agreementthese Terms or under any applicable law, or in the event that any of the exclusions or limitations of liabilities is not permitted by applicable Law, the Parties agree that the Company’s cumulative liability for any claim under to you in contract, tort (including negligence) or otherwise howsoever and whatever the cause thereof, arising by reason of or in connection with the Agreementthese Terms, the Services or (including the Contents, howsoever it arises and whether based upon warranty, contract, tort, statute, strict liability or otherwiseContents therein), shall not exceed the total Subscription Fees paid by the User be limited to and that has been received by, the Company in the preceding twelve (12) months from which the claim arisesUSD $10,000. 11.8 13.8 Notwithstanding anything that may be to the contrary, no action may be brought by either Party you against the other PartyCompany, under the Agreement these Terms and/or the Services, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you. 11.9 13.9 The Company assumes no responsibility for the activities or conduct of other users of the Services. 11.10 13.10 The Company makes no guarantee nor warranty on any uptimes of the Services although the Company shall use all reasonable endeavours to ensure that the Services are available at least from 09:00 to 18:00 Singapore time during Business Days and the User you further acknowledge that the Services may be subject to maintenance at the reasonable discretion of the Company during which access to or use of the Services is not possible, for which the Company will give prior written notice of at least 5 Business Days.