Common use of Disclaimer of Warranties and Limitation of Liabilities Clause in Contracts

Disclaimer of Warranties and Limitation of Liabilities. 9.1. THE S&P ENTITIES AND THEIR THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICES. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES OR ANY OF THEIR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, IN ALL CASES INCLUDING TRADING LOSSES, BUSINESS INTERRUPTION LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).

Disclaimer of Warranties and Limitation of Liabilities. 9.1. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR ANY OTHER AGREEMENT GOVERNING THE S&P ENTITIES TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING OR MOBILE BANKING APPS, MOBILE BANKING AND THEIR THIRD-PARTY PROVIDERS DISCLAIM MOBILE BANKING APPS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY AND ALL WARRANTIES AND REPRESENTATIONSKIND, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR USE NON-INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE SERVICESMOBILE BANKING APPS AND MOBILE BANKING, INCLUDING AND ANY DOCUMENTATION MATERIAL OR THE INFORMATIONSERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA MOBILE BANKING, DATAIS AT YOUR OWN DISCRETION AND RISK, SOFTWARE AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. IN ADDITION TO ALL DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT, NEITHER BANK NOR ANY OF ITS LICENSORS OR PRODUCTS CONTAINED THEREIN SERVICE PROVIDERS MAKE ANY WARRANTIES OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE REPRESENTATIONS OF ANY KIND. A REFERENCE , EXPRESS, STATUTORY OR IMPLIED, AS TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO MOBILE BANKING AT ANY ERRORS, OMISSIONS, INTERRUPTIONS PARTICULAR TIME OR DELAYS IN THE SERVICESFROM ANY PARTICULAR LOCATION; OR (II) ANY ADVICELOSS, OPINIONDESTRUCTION, RECOMMENDATIONDAMAGE, GUIDANCECORRUPTION, FORECASTATTACK, JUDGEMENTVIRUSES, PUBLICATIONINTERFERENCE, CONCLUSION OR ANY COURSE OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OFHACKING, OR BASED ON OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES. THE SERVICES ; AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES, TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4MOBILE BANKING. THE S&P ENTITIES NEITHER BANK NOT ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE OR HAVE BEAR ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION COMPATIBILITY OF MOBILE BANKING WITH WIRELESS AND/OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBERWAP- ENABLED DEVICES; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTEDSERVER LATENCY OR RESPONSE TIMES FOR MOBILE BANKING; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIESADDITIONAL COSTS ASSESSED BY WIRELESS CARRIERS FOR TEXT AND INTERNET ACCESS; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES OR ANY OF THEIR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, IN ALL CASES INCLUDING TRADING LOSSES, BUSINESS INTERRUPTION LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).OR

Disclaimer of Warranties and Limitation of Liabilities. 9.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DRAKE AND/OR ITS REPRESENTATIVES (DEFINED BELOW) MAY MAKE UPDATES AND/OR CHANGES TO THE S&P ENTITIES SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, ACCOUNTING OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DRAKE, ITS AFFILIATES, OR THEIR THIRD-LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY PROVIDERS DISCLAIM CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL WARRANTIES INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND REPRESENTATIONSRELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. DRAKE AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AS PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATIVE OF DRAKE IS AUTHORIZED TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION STATEMENT THAT ADDS TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR AMENDS ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS WARRANTIES OR COMPLETENESS LIMITATIONS CONTAINED IN THESE TERMS OF THE SERVICES USE. ANY UPDATES PROVIDED BY DRAKE OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE THESE TERMS OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICESUSE. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES SHALL DRAKE AND ITS AFFILIATES, OR ANY OF THEIR THIRD-PARTY PROVIDERS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGESCONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSUSE, DATA, OR PROFITS ARISING OUT OF OR IN ALL CASES INCLUDING TRADING LOSSESANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SITES, BUSINESS INTERRUPTION LOSSES THE DELAY OR LOST TIME INABILITY TO USE ANY OF THE SITES OR GOOD WILLRELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE SITES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE DRAKE OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER THE S&P ENTITIES NOR IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIESTHE SITES, OR DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SERVICES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).

Disclaimer of Warranties and Limitation of Liabilities. 9.1The information, materials, software, services, and related graphics included in or available through the services may include inaccuracies or typographical errors. THE S&P ENTITIES xxxxx and its affiliates, and their licensors, participating financial institutions, third party content or service providers, distributors, dealers, suppliers, employees, agents, officers or directors (collectively, “Representatives”) may make updates and/or changes to the services at any time. Xxxxx does not provide tax, legal, or financial advice. any information or assistance received via the services should not be relied upon for personal, legal, accounting or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation. XXXXX, ITS AFFILIATES AND THEIR THIRD-PARTY PROVIDERS DISCLAIM REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL WARRANTIES INFORMATION, MATERIALS, SOFTWARE, AND REPRESENTATIONSRELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. XXXXX, ITS AFFILIATES AND THEIR REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND ALL INFORMATION, MATERIALS, SOFTWARE, AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AS PURPOSE, TITLE, AND NON-INFRINGEMENT. No representative of Xxxxx is authorized to make any statement that adds to or amends any of the warranties or limitations contained in these Terms of Registration. Any updates to the Services provided by Xxxxx or its Representatives shall be subject to these Terms of Registration. TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED MAXIMUM EXTENT PERMITTED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICES. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTAPPLICABLE LAW, IN NO EVENT SHALL DRAKE AND ITS AFFILIATES, OR THEIR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER WILL INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY RELATING TO THE S&P ENTITIES USE OR PERFORMANCE OF ANY OF THE SERVICES, THE DELAY OR INABILITY TO REGISTER FOR OR USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF DRAKE, ITS AFFILIATES OR ANY OF THEIR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, IN ALL CASES INCLUDING TRADING LOSSES, BUSINESS INTERRUPTION LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT . THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR OTHERWISE. 9.6LIMITED UNDER APPLICABLE LAW. NEITHER THE S&P ENTITIES NOR IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIESTHE SERVICES, OR DO NOT AGREE WITH THESE TERMS OF REGISTRATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).

Disclaimer of Warranties and Limitation of Liabilities. 9.1. THE S&P ENTITIES AND THEIR THIRD-PARTY PROVIDERS DISCLAIM EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ANY AND ALL WARRANTIES AND REPRESENTATIONSSERVICE, PRODUCT, OR FEATURE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS PURPOSE. ACCESS TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SERVICE MAY VARY WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS ACCESSED. CERTAIN SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED USED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD USER MAY NOT BE CONSTRUED AS FINANCIALCAPABLE OF SUPPORTING THIS SERVICE AND EBOOK, INVESTMENTVIDEO, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONSQUIZZES FEATURES. S&P WEST ACADEMIC DOES NOT ACT NOR WARRANT THE LEVEL OF PERFORMANCE OF THIS SERVICE OR THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET USER'S REQUIREMENTS, BE AVAILABLE WITHOUT INTERRUPTION, BE ERROR‐FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. WEST ACADEMIC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, ADEQUACY, OR CURRENCY OF THE EBOOKS, VIDEOS, QUIZZES, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS. USER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM THIS SERVICE, AND/OR USE OF LINKS FROM THIS WEBSITE IS AT USER'S OWN RISK. USER ACKNOWLEDGES THAT ANY RELIANCE ON THIS SERVICE WILL BE DEEMED AT USER'S OWN RISK. WEST ACADEMIC RESERVES THE RIGHT TO BE ACTING EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO EBOOKS, VIDEOS, AND/OR QUIZZES OR OTHER PROVIDED CONTENT FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER IS PERMITTED TO ACCESS, SEARCH, DISPLAY, VIEW, REPRODUCE MATERIALS FOR USE AS CONTEMPLATED BY THIS AGREEMENT. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST ACADEMIC AS A FIDUCIARY IN PROVIDING THE SERVICE TO USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY , OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS GUARANTEES THE ADEQUACYOR OTHERS, ACCURACY, TIMELINESS OR COMPLETENESS ARE THOSE OF THE SERVICES OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONSRESPECTIVE AUTHOR(S) OR OUTPUT WITH RESPECT THERETODISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST ACADEMIC. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICES. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES XXXX XXXX ACADEMIC, AND/OR ANY OF THEIR THIRD-PARTY PROVIDERS ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE, SPECIAL, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR LOSS THE USE OF PROFITSEBOOKS, IN ALL CASES INCLUDING TRADING LOSSESVIDEOS, BUSINESS INTERRUPTION LOSSES AND/OR LOST TIME QUIZZES, OR GOOD WILL, OTHER PROVIDED CONTENT EVEN IF THEY WEST ACADEMIC, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER'S EXCLUSIVE REMEDY AND WEST ACADEMIC’S, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, ITS AFFILIATES AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, REGARDLESS IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THIS SERVICE, PRODUCTS, AND FEATURES, WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ACTUAL CHARGES PAID BY USER RELATIVE TO THE SERVICE, PRODUCT OR FEATURE, AS APPLICABLE, WHICH IS THE BASIS OF THE FORM(SCLAIM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE twelve (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH EVENT GIVING RISE TO SUCH LIABILITY IS ALLEGED TO HAVE ARISEN)CLAIM.

Disclaimer of Warranties and Limitation of Liabilities. 9.1WE DO NOT WARRANT OR REPRESENT THAT THE EZ-DIGISIGN™ SERVICES OR INFORMATION CONTAINED ON THE EZ-DIGISIGN™ SERVER WILL MEET YOUR OR YOUR MEMBERS' REQUIREMENTS OR THAT THE OPERATIONS OF THE EZ-DIGISIGN™ SERVER WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF EZ-DIGISIGN™ SERVICES. THE S&P ENTITIES EZ-DIGISIGN™ SERVICES ARE PROVIDED ON AN "AS IS" AND THEIR THIRD-PARTY PROVIDERS DISCLAIM "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY AND ALL WARRANTIES AND REPRESENTATIONSKIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SERVICES, INCLUDING NONINFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER THIS AGREEMENT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE INFORMATIONEZ-DIGISIGN™ SERVICES OR EZ-DIGISIGN™ SERVER WILL BE UNINTERRUPTED, DATA, SOFTWARE TIMELY OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2ERROR- FREE. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF YOU ACKNOWLEDGE AND AGREE THAT ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS MATERIAL AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICES. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE EZ- DIGISIGN™ SERVICES IS DONE AT SUBSCRIBER’S YOUR OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT DISCRETION AND RISK AND THAT YOU WILL BE SOLEY RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SERVICES DOWNLOAD OF SUCH MATERIAL AND/ OR DATA. NEITHER WE NOR OUR OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES AND/OR AGENTS SHALL BE LIABLE, UNDER ANY DISTRIBUTOR CIRCUMSTANCES (INCLUDING WITHOUT LIMITATION BREACH OR TO ANY OTHER PERSONTERMINATION OF THIS AGREEMENT WHATEVER THE REASON) OR LEGAL THEORIES (INCLUDING WITHOUT LIMITATION CONTRACT, FIRM TORT, NEGLIGENCE AND STRICT LIABILITY) WHATSOEVER, FOR LOSS OF BUSINESS, PROFITS OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTGOODWILL, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES OR ANY LOSS OF THEIR THIRD-PARTY PROVIDERS BE LIABLE DATA OR USE OF DATA OR INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OTHER INDIRECT DAMAGES OF PROFITS, IN ALL CASES INCLUDING TRADING LOSSES, BUSINESS INTERRUPTION LOSSES OR LOST TIME OR GOOD WILLANY NATURE FOR ANY REASON, EVEN IF THEY WE ARE AWARE OF THE RISK OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THAT RESULT IN CONTRACTANY WAY FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE EZ-DIGISIGN™ SERVICES, TORT, STRICT LIABILITY OR OTHERWISE. 9.6. NEITHER THE S&P ENTITIES NOR YOUR RELATIONSHIP WITH ANY OF THEIR THIRDYOUR MEMBERS OR ANY THIRD PARTY, OR YOUR USE OF OR INABILITY TO USE ANY EZ-PARTY PROVIDERS DIGISIGN™ SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE EZ-DIGISIGN™ SERVICES, EZ-DIGISIGN™ OR US. OUR LIABILITY TO YOU AND YOUR MEMBERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) NOT, FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. 9.7. REASON, EXCEED IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENTTOTAL, REGARDLESS OF THE FORM(S) BASIS OR LEGAL THEORY OF ACTIONYOUR OR THEIR CLAIM THEREFOR, WHETHER IN CONTRACT, TORT, STRICT LIABILITY THE AGGREGATE AMOUNTS PAID BY YOU TO US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) LIABILITIES. SO SOME OF THE FEES PAID OR PAYABLE BY SUBSCRIBER ABOVE EXCLUSIONS MAY NOT APPLY TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN)YOU.

Disclaimer of Warranties and Limitation of Liabilities. 9.1. (a) VMS ASSUMES RESPONSIBILITY FOR THE S&P ENTITIES SELECTION OF THE PRODUCT TO ACHIEVE ANY INTENDED RESULTS, AND THEIR THIRD-PARTY PROVIDERS DISCLAIM ANY FOR THE PROPER INSTALLATION, USE, AND ALL WARRANTIES RESULTS OBTAINED BY THE PRODUCTS AND REPRESENTATIONSEXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SKYTEL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS, ANY SOFTWARE EMBEDDED IN OR INTEGRAL TO THE PRODUCTS, OR THE WIRELESS MESSAGING NETWORKS, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, DURABILITY, PERFORMANCE AND QUALITY, AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE USE OR USE AS PURPOSE. (b) NEITHER PARTY SHALL BE LIABLE TO THE SERVICESOTHER OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCLUDING ANY DOCUMENTATION CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR THE INFORMATIONPUNITIVE DAMAGES, DATAINCLUDING, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR WITHOUT LIMITATION, LOSS OF USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIALLOST BUSINESS, INVESTMENTREVENUE, LEGALPROFITS, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING GOODWILL OR ANY OBSERVATION CONCERNING AN INVESTMENT OTHER PECUNIARY LOSS, ARISING OUT OF OR SECURITY PROVIDED IN RELATED TO THIS AGREEMENT, THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUYPRODUCTS, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS SOFTWARE AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR INTENDED USE THEREOF, OR THAT RESULT FROM OR ARISE OUT OF ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACYMISTAKES, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR INTERRUPTIONS, DEFECTS, DELAYS IN THE SERVICES; OPERATION, OR (II) ANY ADVICETRANSMISSION, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE FAILURE OF ACTION (PERFORMANCE, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICES. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES OR ANY OF THEIR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, IN ALL CASES INCLUDING TRADING LOSSES, BUSINESS INTERRUPTION LOSSES OR LOST TIME OR GOOD WILLNEGLIGENCE, EVEN IF THEY SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE BEEN ADVISED KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6. NEITHER (c) WITHOUT LIMITING SUBSECTION (b) ABOVE, THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE TOTAL LIABILITY OF EITHER PARTY TO THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER OTHER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP AGREEMENT SHALL BE LIMITED TO THE HIGHER OF ONE TWELFTH MILLION DOLLARS (1/12$1,000,000) OF AND THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TRAILING TWELVE (12) MONTH PERIOD PRECEDING REVENUES OF SKYGUARD. THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED FOREGOING LIMITATION SHALL APPLY TO HAVE ARISEN)ALL CAUSES OF ACTION AND CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. THE PARTIES ACKNOWLEDGE THE REASONABLENESS OF THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY.

Disclaimer of Warranties and Limitation of Liabilities. 9.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DRAKE AND/OR ITS REPRESENTATIVES (DEFINED BELOW) MAY MAKE UPDATES AND/OR CHANGES TO THE S&P ENTITIES SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, ACCOUNTING OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. XXXXX, ITS AFFILIATES, AND THEIR THIRD-LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY PROVIDERS DISCLAIM CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL WARRANTIES INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND REPRESENTATIONSRELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. XXXXX AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AS PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATIVE OF XXXXX IS AUTHORIZED TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION STATEMENT THAT ADDS TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR AMENDS ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS WARRANTIES OR COMPLETENESS LIMITATIONS CONTAINED IN THESE TERMS OF THE SERVICES USE. ANY UPDATES PROVIDED BY XXXXX OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE THESE TERMS OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICESUSE. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES SHALL DRAKE OR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGESCONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSUSE, DATA, OR PROFITS ARISING OUT OF OR IN ALL CASES INCLUDING TRADING LOSSESANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SITES, BUSINESS INTERRUPTION LOSSES THE DELAY OR LOST TIME INABILITY TO USE ANY OF THE SITES OR GOOD WILLRELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE SITES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE DRAKE OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER THE S&P ENTITIES NOR IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIESTHE SITES, OR DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SERVICES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).

Disclaimer of Warranties and Limitation of Liabilities. 9.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DRAKE AND/OR ITS REPRESENTATIVES (DEFINED BELOW) MAY MAKE UPDATES AND/OR CHANGES TO THE S&P ENTITIES SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, ACCOUNTING OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. XXXXX, ITS AFFILIATES, AND THEIR THIRD-LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY PROVIDERS DISCLAIM CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, "REPRESENTATIVES") MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL WARRANTIES INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND REPRESENTATIONSRELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. XXXXX AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AS PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATIVE OF XXXXX IS AUTHORIZED TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION STATEMENT THAT ADDS TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR AMENDS ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS WARRANTIES OR COMPLETENESS LIMITATIONS CONTAINED IN THESE TERMS OF THE SERVICES USE. ANY UPDATES PROVIDED BY XXXXX OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE THESE TERMS OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICESUSE. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES SHALL DRAKE OR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGESCONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSUSE, DATA, OR PROFITS ARISING OUT OF OR IN ALL CASES INCLUDING TRADING LOSSESANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SITES, BUSINESS INTERRUPTION LOSSES THE DELAY OR LOST TIME INABILITY TO USE ANY OF THE SITES OR GOOD WILLRELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE SITES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE XXXXX OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER THE S&P ENTITIES NOR IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIESTHE SITES, OR DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SERVICES. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).

Disclaimer of Warranties and Limitation of Liabilities. 9.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DRAKE AND/OR ITS REPRESENTATIVES (DEFINED BELOW) MAY MAKE UPDATES AND/OR CHANGES TO THE S&P ENTITIES SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, ACCOUNTING OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DRAKE, ITS AFFILIATES, AND THEIR THIRD-LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY PROVIDERS DISCLAIM CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL WARRANTIES INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND REPRESENTATIONSRELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. DRAKE AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AS PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATIVE OF DRAKE IS AUTHORIZED TO THE SERVICES, INCLUDING ANY DOCUMENTATION OR THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. 9.2. THE SERVICES SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER ADVICE OF ANY KIND. A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, CREDIT RATING OR ANY OBSERVATION CONCERNING AN INVESTMENT OR SECURITY PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION OR AN OFFER OR A SOLICITATION OF AN OFFER TO BUY, SELL, HOLD OR MAKE ANY OTHER DECISIONS IN RELATION STATEMENT THAT ADDS TO SUCH INVESTMENT OR SECURITY OR LOAN, NOR IS IT A VIEW ON THE SUITABILITY THEREOF. THE SERVICES SHOULD NOT BE RELIED ON AND ARE NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. S&P DOES NOT ACT NOR WILL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SERVICES. 9.3. NEITHER THE S&P ENTITIES NOR AMENDS ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS WARRANTIES OR COMPLETENESS LIMITATIONS CONTAINED IN THESE TERMS OF THE SERVICES USE. ANY UPDATES PROVIDED BY DRAKE OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO. NEITHER THE S&P ENTITIES NOR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR (I) ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES; OR (II) ANY ADVICE, OPINION, RECOMMENDATION, GUIDANCE, FORECAST, JUDGEMENT, PUBLICATION, CONCLUSION OR ANY COURSE THESE TERMS OF ACTION (OR INACTION) OF SUBSCRIBER OR CLIENT OF SUBSCRIBER, MADE OR TAKEN IN RELIANCE OF, OR BASED ON THE SERVICESUSE. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND SUBSCRIBER’S USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. 9.4. THE S&P ENTITIES SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR (A) THE PROCUREMENT, INSTALLATION OR MAINTENANCE OF ANY EQUIPMENT ON WHICH THE SERVICES ARE ACCESSED BY SUBSCRIBER; (B) ANY COMMUNICATIONS CONNECTION BY WHICH THE SERVICES ARE TRANSMITTED; (C) THE TRANSMISSION TO SUBSCRIBER OF THE SERVICES BEYOND THE POINT OF THE S&P ENTITIES’ OR THEIR SERVICE FACILITATOR’S COMPUTER FACILITIES; OR (D) ANY FEES PAYABLE BY SUBSCRIBER FOR ANY COMMUNICATIONS LINES TO THE SERVICES OR ANY DISTRIBUTOR OR TO ANY OTHER PERSON, FIRM OR ENTITY. 9.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER WILL THE S&P ENTITIES SHALL DRAKE OR ANY OF THEIR THIRD-PARTY PROVIDERS ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGESCONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSUSE, DATA, OR PROFITS ARISING OUT OF OR IN ALL CASES INCLUDING TRADING LOSSESANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SITE, BUSINESS INTERRUPTION LOSSES THE DELAY OR LOST TIME INABILITY TO USE ANY OF THE SITE OR GOOD WILLRELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE SITE, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE DRAKE OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 9.6THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER THE S&P ENTITIES NOR IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12THE SITE, OR DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. (INDEMNITY) BELOW) FOR ANY CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIESAll contents, features, and functionality of the Site are owned by Drake, its licensors, or other suppliers or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights. Drake is the owner and/or authorized user of all trademarks, registered trademarks and/or service marks appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site. You may not download and/or save a copy of any of the pages on the Site except as otherwise provided in these Terms of Use, for any purpose. However, you may print a copy of the information on this Site for your personal use or records and not for further reproduction, publication or distribution. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Drake does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Site. The names of actual companies and products mentioned herein and/or third party trademarks and logos contained herein may be the trademarks of their respective owners. All rights not expressly granted herein are reserved. 9.7. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF THE S&P ENTITIES COLLECTIVELY, AND/OR ANY THIRD-PARTY PROVIDER IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID AND/OR PAYABLE BY SUBSCRIBER TO S&P UNDER THE APPLICABLE PRICING SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN (IN THE EVENT THE FEES ARE PAID OR PAYABLE ON AN INSTALLMENT OR MILESTONE BASIS, SUCH LIABILITY CAP SHALL BE ONE TWELFTH (1/12) OF THE FEES PAID OR PAYABLE BY SUBSCRIBER TO S&P FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE MONTH IN WHICH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN).