Common use of Disclaimer of Warranties; Limitation of Liability; Indemnification Clause in Contracts

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKIT, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in RDA Toolkit; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrence.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGESIS” BASIS. FURTHER LICENSOR ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE JOURNAL, PROCEEDINGS, OR BOOK, ASCE’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, LICENSED MATERIALS ARE LICENSED AND PROVIDED TO LICENSEE ON AN “AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGESIS” BASIS. FURTHER LICENSOR ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE PUBLICATION, ASCE’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the event giving rise to the claim. The Licensee shall assumes sole responsibility for all use reasonable endeavors to: a) notify all Authorized Users of the importance Licensed Materials by the Licensee and by each Authorized User. In the event of respecting the intellectual property rights in RDA Toolkit; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Licensee or Authorized Users, the Licensee agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGESIS” BASIS. FURTHER LICENSOR ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE PUBLICATION, ASCE’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ALA warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ALA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITCHOICE REVIEWS, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY ALA SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKITTHE DATABASE, ALA's PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ALA IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ALA FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR ALA FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in RDA Toolkitthe Licensed Materials; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit the Licensed Materials from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkitthe Licensed Materials. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor ALA and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence. Licensee agrees to Indemnify and hold ALA harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against ALA related to or in any way connected with any use of the Licensed Materials by the Licensee or Authorized Users or any failure by the Licensee to perform its obligations in relation to this License, provided that nothing in this License shall make the Licensee liable for breach of the terms of the License by any Authorized User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASA warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE JASA ONLINE JOURNAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR ASA SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE JASA ONLINE JOURNAL, ASA’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ASA OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASA IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASA FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE MEMBER TO LICENSOR ASA FOR THE LICENSE FEE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASA unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Member assumes sole responsibility for all use of the terms JASA online journal and conditions agrees to indemnify and hold ASA harmless from and against any and all claims, liabilities, damages, expenses (including attorneys' fees and experts’ costs, penalties and fees, if any for the enforcement of this license Agreement and take steps to protect RDA Toolkit otherwise for ASA’s defense of indemnified claims), losses and threatened losses arising from unauthorized use or other in connection with any breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware Agreement, including without limitation, claims of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceuse.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor AIP Publishing warrants that it is entitled to grant the License licenses granted in this Agreement License, and is authorized to execute this AgreementLicense on behalf of the publishing customers indicated in Section 1. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR AIP PUBLISHING MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE ONLINE JOURNALS AND SCITATION, INCLUDING THE THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR AIP PUBLISHING SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY AIP PUBLISHING ONLINE JOURNAL, AIP PUBLISHING’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS LICENSE BY AIP PUBLISHING OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF AIP PUBLISHING IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY AIP PUBLISHING FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR AIP PUBLISHING FOR THE LICENSE FEE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against AIP Publishing unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify event giving rise to the claim. The Subscriber assumes sole responsibility for all use of Scitation and the Online Journals by the Subscriber and by each Authorized Users User. In the event of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; License by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold AIP Publishing harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this License and otherwise for AIP Publishing’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGESIS” BASIS. FURTHER LICENSOR ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE SERIAL, PROCEEDINGS, OR ELECTRONIC BOOK, ASCE’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, ; THE USE OR INABILITY TO USE RDA TOOLKIT, ANY ASCE ONLINE PUBLICATION; ASCE’S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT, AGREEMENT BY ASCE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF FOUR HUNDRED AND SEVENTY- FIVE DOLLARS ($475.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGESIS” BASIS. FURTHER LICENSOR ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ELECTRONIC BOOK, ASCE’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKIT, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in RDA Toolkit; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrence.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASA warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR XXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE JASA ONLINE JOURNAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR ASA SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE JASA ONLINE JOURNAL, XXX’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ASA OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASA IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASA FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE MEMBER TO LICENSOR ASA FOR THE LICENSE FEE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASA unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Member assumes sole responsibility for all use of the terms JASA online journal and conditions agrees to indemnify and hold ASA harmless from and against any and all claims, liabilities, damages, expenses (including attorneys' fees and experts’ costs, penalties and fees, if any for the enforcement of this license Agreement and take steps to protect RDA Toolkit otherwise for ASA’s defense of indemnified claims), losses and threatened losses arising from unauthorized use or other in connection with any breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware Agreement, including without limitation, claims of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceuse.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIALS, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO YOU ON AN “AS IS” BASIS. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, ; THE USE OR INABILITY TO USE RDA TOOLKIT, ANY ASCE ONLINE PUBLICATION; ASCE'S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT, AGREEMENT BY ASCE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF ONE HUNDRED AND FIFTY‐ EIGHT DOLLARS ($158.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE USER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The User assumes sole responsibility for all use of Licensed Materials and agrees to indemnify and hold ASCE and its officers, directors, employees, members, and agents, harmless from and against any and all claims, liabilities, damages, expenses (including attorneys' fees and experts' costs, penalties, and fees, if any, for the terms and conditions enforcement of this license Agreement and take steps to protect RDA Toolkit otherwise for ASCE's defense of indemnified claims), losses and threatened losses arising from unauthorized use or other in connection with any breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware Agreement, including without limitation, claims of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceuse.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKIT, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, LICENSOR's PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY LICENSOR FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in the RDA Toolkit; b) notify Authorized Users of the terms and conditions of this license and take steps to protect the RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to the RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence. 10.3. Licensee agrees to Indemnify and hold Licensor harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against Licensor related to or in any way connected with any use of the Licensed Materials by the Licensee or Authorized Users or any failure by the Licensee to perform its obligations in relation to this License.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor AIP warrants that it is entitled to grant the License licenses granted in this Agreement Agreement, and is authorized to execute this Agreement. Agreement on behalf of the publishing customers indicated in Appendix A. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR AIP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE ONLINE JOURNALS AND SCITATION, INCLUDING THE THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR AIP SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY AIP ONLINE JOURNAL, AIP’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY AIP OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF AIP IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY AIP FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR AIP FOR THE LICENSE FEE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against AIP unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify event giving rise to the claim. The Consortium and its Members assume sole responsibility for all use of SCITATION and the Licensed Material by the Members and by each Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceUser.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1(a) THE MARKS ARE PROVIDED BY LICENSOR “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. Licensor warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING THE PRECEDING SENTENCE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITMARKS, INCLUDING THE QUALITYANY WARRANTIES OF MERCHANTABILITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF MARKS. NEITHER NO PARTY SHALL BE LIABLE FOR: EXEMPLARY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS RELATED TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS HOWEVER CAUSED AND UNDER ANY THEORY OF DATALIABILITY (INCLUDING, BUSINESSWITHOUT LIMITATION, OR GOODWILLNEGLIGENCE AND CONTRACT), EVEN IF LICENSOR IS SUCH PARTY HAS BEEN ADVISED OR AWARE IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The (b) Licensor hereby agrees to indemnify, defend, and hold harmless Licensee, its members, shareholders, employees, agents, representatives, directors, officers, successors, and permitted assigns from and against any and all third-party claims arising in whole or in part, directly or indirectly, out of any allegation of intellectual property infringement or trademark dilution based on Licensee’s use of any of the Marks in material compliance with the terms of this Agreement. (c) Licensee shall indemnify, defend, and hold harmless Licensor, its members, shareholders, employees, agents, representatives, directors, officers, successors, and permitted assigns from and against any and all third-party claims arising in whole or in part, directly or indirectly, out of any allegation of intellectual property infringement or trademark dilution based on Licensor’s use reasonable endeavors to: a) notify all Authorized Users of any of the importance of respecting the intellectual property rights Marks in RDA Toolkit; b) notify Authorized Users violation of the terms and conditions of this license Agreement. (d) Except as expressly provided to the contrary herein, it is the intent of the parties that where fault is determined to have been joint or contributory, principles of comparative fault will be followed and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware each party shall bear the proportionate cost of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both indemnifiable losses attributable to ensure that such activity ceases and to prevent any recurrenceparty’s fault.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ALA warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR XXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITCHOICE REVIEWS ONLINE, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY ALA SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKITTHE DATABASE, ALA's PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ALA IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ALA FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR ALA FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in RDA Toolkitthe Licensed Materials; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit the Licensed Materials from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkitthe Licensed Materials. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor ALA and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence. Licensee agrees to Indemnify and hold ALA harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against ALA related to or in any way connected with any use of the Licensed Materials by the Licensee or Authorized Users or any failure by the Licensee to perform its obligations in relation to this License, provided that nothing in this License shall make the Licensee liable for breach of the terms of the License by any Authorized User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIALS, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO YOU ON AN “AS IS” BASIS. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, ; THE USE OR INABILITY TO USE RDA TOOLKIT, ANY ASCE ONLINE PUBLICATION; ASCE'S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT, AGREEMENT BY ASCE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF SIXTY DOLLARS ($60.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE USER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The User assumes sole responsibility for all use of Licensed Materials and agrees to indemnify and hold ASCE and its officers, directors, employees, members, and agents, harmless from and against any and all claims, liabilities, damages, expenses (including attorneys' fees and experts' costs, penalties, and fees, if any, for the terms and conditions enforcement of this license Agreement and take steps to protect RDA Toolkit otherwise for ASCE's defense of indemnified claims), losses and threatened losses arising from unauthorized use or other in connection with any breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware Agreement, including without limitation, claims of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceuse.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor XXXX warrants that it is entitled to grant the License licenses granted in this Agreement License, and is authorized to execute this AgreementLicense on behalf of the publishing customers indicated in Section 1. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR XXXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE ONLINE JOURNALS AND ONLINE PLATFORM USED TO HOST THE JOURNALS, INCLUDING THE THEIR QUALITY, ORIGINALITY, SUITABILITYSUITABILITY , SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIO NAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR XXXX SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTALINCIDENTA L, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUB- SCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY XXXX ONLINE JOURNAL, XXXX’X PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS LICENSE BY XXXX OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF XXXX IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY XXXX FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR XXXX FOR THE LICENSE FEE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THA N TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISEOTHERWISE , INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effec-tiveness of respecting other remedies. No claim may be made against XXXX unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event, giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms online hosting platform and conditions the XXXX Online Journals by the Subscriber and by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; License by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold XXXX harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this License and otherwise for XXXX’x defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.111.1. Licensor warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKIT, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in RDA Toolkit; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrence.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ALA warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ALA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITCCADVISOR, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTMERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY ALA SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKITTHE DATABASE, ALA's PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ALA IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ALA FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR ALA FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2. The Licensee shall use reasonable endeavors to: a) notify all Authorized Users of the importance of respecting the intellectual property rights in RDA Toolkitthe Licensed Materials; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit the Licensed Materials from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkitthe Licensed Materials. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor ALA and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence. Licensee agrees to Indemnify and hold ALA harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against ALA related to or in any way connected with any use of the Licensed Materials by the Licensee or Authorized Users or any failure by the Licensee to perform its obligations in relation to this License, provided that nothing in this License shall make the Licensee liable for breach of the terms of the License by any Authorized User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.111.1. Licensor warrants that it is entitled to grant the License license granted in this Agreement and is authorized to execute this Agreement. the Terms of Use EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKIT, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKITWEB SITE OR CONTENT, LICENSOR's PERFORMANCE UNDER THE TERMS OF USE, TERMINATION OF THIS AGREEMENTLICENSE, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY LICENSOR FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT THE TERMS OF USE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.211.2. The Licensee shall You agree to Indemnify and hold Licensor harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against Licensor related to or in any way connected with any use reasonable endeavors to: a) notify all Authorized Users of the importance Web Site or Content by You or any failure by You to perform Your obligations in relation to the Terms of respecting the intellectual property rights in RDA Toolkit; b) notify Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceUse.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor GSA warrants that it is entitled to grant the License Subscriber the licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO THE GSAOJS AND ONLINE JOURNALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITINCLUDING, INCLUDING THE QUALITYBUT NOT LIMITED TO, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. , [text deleted] [text deleted] NEITHER THE GSA, NOR ANY INDIVIDUAL OR OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE GSAOJS AND ONLINE JOURNALS SHALL BE LIABLE FOR: EXEMPLARYFOR ANY DAMAGES THAT RESULT FROM SUBSCRIBER'S USE OF THE GSAOJS AND ONLINE JOURNALS SUCH AS LOST TIME, SPECIALLOST PROFITS, INDIRECT, INCIDENTAL, CONSEQUENTIALCOMPUTER PROBLEMS, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISING OUT OF ARE FORESEEABLE OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES FAILURE OR DAMAGES ARISING OUT INADEQUACY OF ANY BREACH EXCLUSIVE OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2OTHER REMEDY. In no case shall Subscriber's liability exceed the amount of license fees paid during the 12-month period preceding any claim or notification of damages. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against GSA unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms GSAOJS and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrence.the Online Journals by the Subscriber [text deleted]

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor SEG warrants that it is entitled to grant the License Subscriber the license granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MAKES NO ECONOMIC GEOLOGY IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT INCLUDING, BUT NOT LIM- ITED TO RDA TOOLKIT, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PAR- TICULAR PURPOSE, OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE ONLINE JOURNAL. NEITHER THE SEG, NOR ANY INDIVIDUAL OR OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF ECONOMIC GEOLOGY SHALL BE LIABLE FOR: EXEMPLARYLIA- BLE FOR ANY DAMAGES THAT RESULT FROM THE SUBSCRIBER’S USE OF THE ONLINE JOURNAL SUCH AS LOST TIME, SPECIALLOST PROFITS, INDIRECTCOMPUTER PROBLEMS, INCIDENTALFOR EXAMPLE, CONSEQUENTIALCAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIMEBOMB, LOGIC BOMB OR OTHER DAMAGES ARISING OUT OF SUCH COMPUTER PROGRAM OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL CON- SEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISING OUT OF ARE FORESEEABLE OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES FAILURE OR DAMAGES ARISING OUT INAD- EQUACY OF ANY BREACH EXCLUSIVE OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO LICENSOR FOR THE LICENSE FEE FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS DUE TO NEGLIGENCE. 10.2OTHER REMEDY. In no case shall the Subscriber’s liability or the Publisher’s liability exceed the amount of license fees paid during the 12-month period preceding any claim or notification of damages. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance of respecting success or effectiveness or other remedies. No claim may be made against SEG unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event-giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms online journals by each Authorized User and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceby the Subscriber.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor MRS warrants that it is entitled to grant the License granted licenses set forth in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR MRS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WITH RESPECT TO RDA TOOLKITMRS ON-LINE PUBLICATIONS, INCLUDING THE THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS (SUCH AS BUT NOT LIMITED TO DATE CALCULATIONS), MERCHANTABILITY OR FITNESS FOR A PARTICULAR PA RTICULAR PURPOSE. NEITHER PARTY MRS SHALL NOT BE LIABLE FOR: FOR EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKITJMR, ANY FAILURE OF ANY DIGITAL SYSTEM TO DOCUMENT OR PROPERLY REFLECT ANY DATE (INCLUDING WITHOUT LIMITATION THE YEAR 2000), MRS'S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT, AGREEMENT BY MRS OR THE LOSS OF DATA, BUSINESS, BUSINESS OR GOODWILL, EVEN IF LICENSOR MRS IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY MRS FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE LARGER OF TWENTY-FIVE DOLLARS ($25.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBING INSTITUTION TO LICENSOR FOR THE LICENSE FEE MRS FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, CLAIM LOSS OR DAMAGE OCCURRED, OCCURRED WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO TO' NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against MRS unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify event giving rise to the claim. TdehleetSeudbfsrcormibcinogntIrnasctti]t.ution assumes sole responsibility for all use of JMR by the Subscribing Institution and by each Authorized Users of the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA ToolkitUser. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrence.[Clause

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASME warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASME MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE ASME ONLINE JOURNALS, INCLUDING THE THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, AND AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR ASME SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASME ONLINE JOURNAL, ASMES PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ASME OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASME IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASME FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASME FOR THE LICENSE FEE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASME unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users of event giving rise to the terms and conditions of this license and take steps to protect RDA Toolkit from unauthorized use or other breach of this License; and c) will make reasonable efforts to ensure that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrenceclaim.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this AgreementLicense. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIALS, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED HEREUNDER, LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS TO ALA, THE USE OR INABILITY TO USE RDA TOOLKIT, TERMINATION OF THIS AGREEMENT, OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGESIS” BASIS. FURTHER LICENSOR ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSOR's THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE JOURNAL, PROCEEDINGS, OR BOOK, ASCE’S PERFORMANCE UNDER THIS AGREEMENTLICENSE, TERMINATION OF THIS LICENSE BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, ; THE USE OR INABILITY TO USE RDA TOOLKIT, ANY ASCE ONLINE PUBLICATION; ASCE’S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT, AGREEMENT BY ASCE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties, and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, ; THE USE OR INABILITY TO USE RDA TOOLKIT, ANY ASCE ONLINE PUBLICATION; ASCE’S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT, AGREEMENT BY ASCE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF FOUR HUNDRED AND TWENTY DOLLARS ($420.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties, and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.

Disclaimer of Warranties; Limitation of Liability; Indemnification. 10.1. Licensor ASCE warrants that it is entitled to grant the License licenses granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, LICENSOR ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RDA TOOLKITTHE LICENSED MATERIAL, INCLUDING THE ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, AVAILABILITY, OPERATION, PERFORMANCE, NON-INFRINGEMENTCOMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, AND AS TO ALA, ; THE USE OR INABILITY TO USE RDA TOOLKIT, ANY ASCE ONLINE PUBLICATION; ASCE’S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT, AGREEMENT BY ASCE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF LICENSOR ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LICENSOR SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LICENSOR's PERFORMANCE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ASCE FOR ANY CLAIMS, LOSSES LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF FOUR HUNDRED AND FIFTY DOLLARS ($450.00) OR THE TOTAL AMOUNT PAID BY THE LICENSEE SUBSCRIBER TO LICENSOR ASCE FOR THE LICENSE FEE LICENSED MATERIAL FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS LIMITATION DUE TO NEGLIGENCE. 10.2. The Licensee foregoing limitation of liability and exclusion of certain damages shall use reasonable endeavors to: a) notify all Authorized Users apply regardless of the importance success or effectiveness of respecting other remedies. No claim may be made against ASCE unless suit is filed thereon within one (1) year after the intellectual property rights in RDA Toolkit; b) notify Authorized Users event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the terms Licensed Materials by the Subscriber and conditions by each Authorized User. In the event of this license and take steps to protect RDA Toolkit from unauthorized use or other a breach of this License; Agreement by the Subscriber or Authorized Users, the Subscriber agrees to indemnify and c) will make reasonable efforts to ensure hold ASCE harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Agreement and otherwise for ASCE’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that only Authorized Users are permitted access to RDA Toolkit. Upon becoming aware of any unauthorized use or other breach, Licensee shall immediately notify Licensor and take all reasonable and appropriate stepsincluding without limitation, both to ensure that such activity ceases and to prevent any recurrenceclaims of unauthorized use.