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

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Disclaimer of Warranties; Limitation of Liability. ACS warrants that it is entitled to grant this Agreement. EXCEPT FOR AS SET FORTH IN THE LIMITED WARRANTY IN SECTION 2PRECEDING SENTENCE, MAIA ACS MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTRESPECT TO THE ACS PRODUCTS INCLUDING THEIR QUALITY, THE TRADEMARKS ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECTACS SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ACONNECTION WITH THE AGREEMENT GRANTED HEREUNDER, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE ANY ACS PRODUCT, ACS’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ACS OR THE VERIFIED PRODUCTSLOSS OF DATA, BUSINESS OR GOODWILL EVEN IF IT HAS BEEN ACS IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ACS OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY GRANTEE FOR ACCESS TO HAVE FAILED ITS ESSENTIAL PURPOSEACS PRODUCTS FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE. The foregoing limitations and exclusions of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against ACS unless suit is filed within one (1) year after the event giving rise to the claim.

Disclaimer of Warranties; Limitation of Liability. OSA warrants that it is entitled to grant the licenses granted in this Agreement. THE ONLINE JOURNALS ARE PROVIDED “AS IS” AND, EXCEPT FOR AS SET FORTH IN THE LIMITED WARRANTY IN SECTION 2PRECEDING SENTENCE, MAIA OSA MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERONLINE JOURNALS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYTHEIR QUALITY, TITLE AND PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE OSA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY TO OR DAMAGE OF ANY KIND RESULTING FROM THE PURCHASER UNAVAILABILITY OF THE ONLINE JOURNALS, OSA’S PERFORMANCE OR ANY THIRD PARTIES FOR LOST REVENUESTERMINATION OF THIS AGREEMENT, LOST PROFITS, LOSS INTERRUPTION OF BUSINESSTHE SERVICES PROVIDED HEREUNDER, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL ARISING OUT OF OR PUNITIVE DAMAGES IN CONNECTION WITH LICENSEE’S USE OF ANY NATURE, OR ANY PRODUCTS LIABILITYTHE ONLINE JOURNALS. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY OSA SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSDAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND DAMAGES. IN NO EVENT SHALL OSA’S LIABILITY EXCEED THE AMOUNT PAID TO HAVE FAILED ITS ESSENTIAL PURPOSEOSA BY THE LICENSEE FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH ANY CLAIM, LOSS OR DAMAGE OCCURRED, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. No claim may be made against OSA unless suit is filed thereon within one (1) year after the event giving rise to the claim.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2While EIDR encourages the ongoing development of the Registry by its users and the submission of accurate and complete data to the Registry, MAIA MAKES NO EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY NATUREKIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MAIA EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL UNDER NO CIRCUMSTANCES HAVE BE UNINTERRUPTED OR ERROR-FREE, THAT ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESSDEFECTS WILL BE CORRECTED, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITYOTHER HARMFUL COMPONENTS. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING OR ANY DAMAGES FOR WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF BUSINESSUSE, PROFITS RESOURCES OR INVESTMENTPROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR THE LIKE)OTHER TORTIOUS ACTION, IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, CONNECTION WITH THE TRADEMARKS, USE OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT PERFORMANCE OF THE USE OF REGISTRY OR INABILITY TO USE THE VERIFIED PRODUCTSREGISTRY DATA, EVEN IF IT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEOR LOSSES.

Disclaimer of Warranties; Limitation of Liability. (a) The EPCO Services shall be provided in accordance with the Services Standard. EXCEPT FOR AS SET FORTH IN THE LIMITED WARRANTY IN SECTION 2PRECEDING SENTENCE, MAIA THE EPCO GROUP MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES, CONDITIONS OR REPRESENTATIONS OR WARRANTIES OF ANY NATUREWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE EPCO SERVICES, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER THE EPCO GROUP KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN CONNECTION WITH THIS AGREEMENTFACT AWARE OF ANY SUCH PURPOSE) WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR AN MLP GROUP, IF THE THIRD-PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO SUCH MLP GROUP, THE TRADEMARKS APPLICABLE GENERAL PARTNER IS ENTITLED TO CAUSE THE EPCO GROUP TO RELY ON AND TO ENFORCE SUCH WARRANTY. (b) IN NO EVENT SHALL THE EPCO GROUP OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY EPCO SERVICES OR TO ANY OTHER MATTERPERSON FOR ANY EXEMPLARY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF MERCHANTABILITYSUCH SERVICE, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES, OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESEXTENT SUCH EXEMPLARY, LOST PROFITSPUNITIVE, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIAL OR PUNITIVE SPECIAL DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER ARE PAID BY THE PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF INCURRING SUCH DAMAGES AND EVEN IF TO A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSETHIRD PARTY.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2SPIE warrants that it is entitled to grant the licenses granted in this Agreement, MAIA and is authorized to execute this Agreement. XXXX MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERLICENSED MATERIAL, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYTHE QUALITY, TITLE AND ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECTSPIE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSOTHER DAMAGES, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ACONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSSPIE DIGITAL LIBRARY, SPIE’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SPIE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF IT HAS BEEN SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR ANY CLAIMS, LOSSES OR DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND ARISING OUT OF USE OF THE SERVICE OR LICENSED MATERIALS, OR ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO HAVE FAILED ITS ESSENTIAL PURPOSESPIE FOR THE SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. 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 SPIE unless suit is filed thereon within one (1) year after the event giving rise to the claim.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 2THIS AGREEMENT, MAIA MAKES OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERAIRCRAFT, INCLUDING WITHOUT LIMITATION ALL WARRANTIES ANY WITH RESPECT TO ITS DESIGN, CONDITION, QUALITY OF MATERIALS AND WORKMANSHIP, MERCHANTABILITY, TITLE AND FITNESS FOR A ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. MAIA WILL EACH PARTY AGREES THAT (a) THE PROCEEDS OF INSURANCE TO WHICH IT IS ENTITLED, AND (b) ITS RIGHT TO DIRECT DAMAGES ARISING IN CONTRACT FROM A MATERIAL BREACH OF THE OTHER PARTY’S OBLIGATIONS UNDER THIS AGREEMENT ARE THE SOLE REMEDIES FOR ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. EXCEPT AS SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR OR HAVE ANY LIABILITY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE PURCHASER OR OTHER PARTY FOR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY CLAIMED INDIRECT, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATUREDAMAGES, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING CONSISTING OF DAMAGES FOR LOSS OF BUSINESS, PROFITS USE OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT DEPRECIATION OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT VALUE OF THE USE AIRCRAFT, LOSS OF PROFIT OR INABILITY INSURANCE DEDUCTIBLE. OPERATOR SHALL NOT BE LIABLE TO USE LESSEE FOR DELAY OR FAILURE TO PROVIDE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AIRCRAFT AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEFLIGHT CREW FOR ANY FLIGHTS. This Section 14 shall survive termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED WARRANTY IN SECTION 2TO, MAIA MAKES NO REPRESENTATIONS LICENSES OR WARRANTIES OF ANY NATURETITLE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A PARTICULAR PURPOSEMATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE IN RELATION WITH ANY LIABILITY TO THE PURCHASER WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY THIRD PARTIES FOR LOST REVENUESUNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES RESULTING FROM LOST DATA OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF BUSINESS STOPPAGE RESULTING FROM THE USE OF OR INABILITY TO ACCESS AND USE THE VERIFIED PRODUCTSWEBSITE OR THE CONTENT, EVEN IF IT HAS WE HAVE BEEN ADVISED RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DAMAGES. THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REMEDY SET FORTH REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS FOUND OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO HAVE FAILED ITS ESSENTIAL PURPOSEDO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2A. You acknowledge and agree that we have no control of or liability for the third party products or services that are paid for by you using our Service and, MAIA MAKES for purchase transactions, we do not guarantee that a particular bank or School will complete a transaction. Completion of your payment transaction is contingent on a number of factors including the authorization of payment by your credit/debit card company or financial institution, and acceptance of your payment by the School. WE MAKE NO REPRESENTATIONS WARRANTY, EXPRESS, IMPLIED OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIEDSTATUTORY, IN CONNECTION WITH THIS AGREEMENTTHE SERVICE OR FOR ANY GOOD OR SERVICE PROVIDED AS A RESULT OF ANY PAYMENT MADE USING THE SERVICE AND WE HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, THE TRADEMARKS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE (i) MAKE NO WARRANTY THAT THE SERVICE WILL UNDER BE SECURE, UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, and (ii) MAKES NO CIRCUMSTANCES HAVE ANY LIABILITY WARRANTY AS TO THE PURCHASER RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF THE SERVICE OR ANY THIRD PARTIES INFORMATION, GOOD OR SERVICE PROVIDED THROUGH THE SERVICE. B. THESE DISCLAIMERS OF LIABILITY APPLY TO ANY CLAIMS, IN TORT, CONTRACT OR OTHERWISE, AND FOR LOST REVENUESANY LOSSES, LOST PROFITSACTIONS, LOSS DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM ANY FAILURE OF BUSINESSPERFORMANCE OF THE SERVICE, OR ANY ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, OF THE SERVICE, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE, OR FOR ANY COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE FACILITIES EXPERIENCED BY OR WHILE USING THE SERVICE. C. IN NO EVENT WILL WE OR ANY OF OUR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CORPORATE AFFILIATES, BE LIABLE FOR ANY PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE SIMILAR DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, USE, OR DATA IN CONNECTION WITH THE (i) USE OR INABILITY TO USE THE SERVICE, (ii) THE TIMELINESS, DELETION, MIS‐DELIVERY OR ACCURACY OF THE SERVICE, (iii) FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS, (iv) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICE RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICE OBTAINED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE, (v) ANY NON‐AUTHORIZATION OR NON‐ACCEPTANCE OF YOUR TRANSACTION, (vi) FOR ANY DISRUPTIONS IN SERVICE, REGARDLESS OF THE CAUSE, OR (vii) FOR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF IT CAUSED BY OUR NEGLIGENCE OR OTHERWISE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD US RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES, INCLUDING THE SUPPLIERS WE USE IN CONNECTION WITH THE SERVICE. D. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND EVEN IF YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. E. IN THE EVENT THAT A REMEDY COURT HOLDS THAT THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IS FOUND IN THIS AGREEMENT, OR ANY PORTIONS THEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES UNDER THIS AGREEMENT FAIL, THEN YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY FOR DAMAGES OF US, OUR AGENTS, AFFILIATES, OUR PARENT COMPANY OR OTHER SUPPLIERS, TO HAVE FAILED ITS ESSENTIAL PURPOSEYOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR ANY CAUSE WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED THE AMOUNT OF THE FEES YOU PAID TO US FOR THE PARTICULAR PAYMENT TRANSACTION GIVING RISE TO THE DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 2THIS AGREEMENT, MAIA MAKES OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERAIRCRAFT, INCLUDING WITHOUT LIMITATION ALL WARRANTIES ANY WITH RESPECT TO DESIGN, CONDITION, QUALITY OF MATERIALS AND WORKMANSHIP, MERCHANTABILITY, TITLE AND FITNESS FOR A ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. MAIA WILL EACH PARTY AGREES THAT (a) THE PROCEEDS OF INSURANCE TO WHICH IT IS ENTITLED, AND (b) ITS RIGHT TO DIRECT DAMAGES ARISING IN CONTRACT FROM A MATERIAL BREACH OF THE OTHER PARTY’S OBLIGATIONS UNDER THIS AGREEMENT ARE THE SOLE REMEDIES FOR ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. EXCEPT AS SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR OR HAVE ANY LIABILITY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE PURCHASER OR OTHER PARTY FOR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY CLAIMED INDIRECT, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATUREDAMAGES, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING CONSISTING OF DAMAGES FOR LOSS OF BUSINESS, PROFITS USE OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT DEPRECIATION OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT VALUE OF THE USE AIRCRAFT, LOSS OF PROFIT OR INABILITY INSURANCE DEDUCTIBLE. OPERATOR SHALL NOT BE LIABLE TO USE LESSEE FOR DELAY OR FAILURE TO PROVIDE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AIRCRAFT AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEFLIGHT CREW FOR ANY FLIGHTS. This Section 14 shall survive termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA 12.1 MEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, THE TRADEMARKS OR WITHOUT LIMITATION, ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER PURPOSE WITH RESPECT TO ANY PATENT, TRADEMARK, SOFTWARE, NON-PUBLIC OR OTHER INFORMATION, OR TANGIBLE RESEARCH PROPERTY, LICENSED OR OTHERWISE PROVIDED TO AKOUOS HEREUNDER AND HEREBY DISCLAIMS THE SAME. 12.2 MEE DOES NOT WARRANT THE VALIDITY OF THE ANCESTRAL TECHNOLOGY PATENT RIGHTS AND BCH PATENT RIGHTS LICENSED HEREUNDER AND MAKES NO CIRCUMSTANCES HAVE ANY LIABILITY REPRESENTATION WHATSOEVER WITH REGARD TO THE PURCHASER SCOPE OF SUCH PATENT RIGHTS OR THAT SUCH PATENT RIGHTS MAY BE EXPLOITED BY AKOUOS OR ITS AFFILIATE OR SUBLICENSEE WITHOUT INFRINGING OTHER PATENTS. 12.3 EXCEPT WITH RESPECT TO ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS BREACH OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2ARTICLE 7, NEITHER PARTY PARTY, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHALL BE LIABLE TO THE OTHER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING INCIDENTAL, ECONOMIC DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSLOST PROFITS, EVEN IF IT SUCH PARTY HAS BEEN ADVISED INFORMED, SHOULD HAVE KNOWN OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEDAMAGES. 12.4 The Parties acknowledge and agree that they are entering into this Agreement in reliance upon the exclusions and limitations set forth in this Article 12, and that the same reflect an allocation of risk (including the risk that a contract remedy may fail of its essential purpose) and that the same form an essential basis of the bargain between the Parties.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR SERVICES AND EQUIPMENT DESCRIBED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE LIMITED WARRANTY IN SECTION 2FOREGOING AND TO THE EXTENT PERMITTED BY LAW, MAIA CENTURYLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO SERVICES OR EQUIPMENT HEREIN REFERENCED. MAIA YOU AGREE THAT CENTURYLINK WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING DAMAGES FOR WITHOUT LIMITATION, ANY LOSS OF BUSINESSREVENUES OR PROFITS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT LOSS OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVERDATA, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF COMMERCIAL OR INABILITY TO USE THE VERIFIED PRODUCTSECONOMIC LOSSES, EVEN IF IT CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE LIABILITY OF CENTURYLINK FOR DAMAGES AND EVEN IF ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES OR EQUIPMENT (INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED OR ERRONEOUS INCLUSION OR EXCLUSION OF LISTING OR DIRECTORY INFORMATION IN A REMEDY SET FORTH IS FOUND DIRECTORY DATABASE, AND/OR THE PUBLISHING OR FAILURE TO HAVE FAILED ITS ESSENTIAL PURPOSEPUBLISH, AS APPLICABLE, SUCH INFORMATION) SHALL IN NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE CHARGES CENTURYLINK WOULD INVOICE TO YOU FOR AFFECTED SERVICES OR EQUIPMENT DURING THE PERIOD IN WHICH THE MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT OCCURS.

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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 5.1 THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATUREKIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MAIA WILL UNDER LICENSOR MAKES NO CIRCUMSTANCES HAVE ANY LIABILITY WARRANTY THAT ACCESS TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESLICENSED MATERIALS WILL BE UNINTERRUPTED, LOST PROFITS, LOSS OF BUSINESSTHAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LICENSED MATERIALS MAY CONTAIN OUTDATED OR DEAD LINKS WITHIN THE TEXT THAT ARE OUTSIDE OF LICENSOR’S CONTROL AND FOR WHICH LICENSOR WILL NOT BE HELD RESPONSIBLE. LICENSOR DOES NOT WARRANT OR MAKE ANY INDIRECT, SPECIAL, CONSEQUENTIAL REPRESENTATIONS REGARDING THE USE OR PUNITIVE DAMAGES THE RESULTS OF THE USE OF ANY NATURELICENSED MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. LICENSEE AND AUTHORIZED USERS ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF LICENSED MATERIALS TO ACHIEVE INTENDED RESULTS. LICENSEE AND AUTHORIZED USERS ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, DECISIONS OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS ADVICE MADE OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR GIVEN AS A RESULT OF SELLING APPLES AS LISTED THE USE OR APPLICATION OF ANY LICENSED MATERIALS, INCLUDING THOSE TO ANY THIRD PARTY. THE LICENSED MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY MEDICAL OR OTHER PROFESSIONAL ADVICE. 5.2 Although care has been used in the accuracy, completeness, or functioning of the Licensed Materials, Licensor assumes no responsibility for the Licensee's or Authorized Users’ use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 5.3 No computer software is delivered as a part of this Agreement, and this Agreement is not conditional upon Licensee's ability to provide its own software or the ability to use the Licensed Materials provided under this Agreement. 5.4 IN EXHIBIT A, NO EVENT SHALL LICENSOR BE LIABLE FOR MORE THAN THE TRADEMARKS, FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF LICENSEE IS DISSATISFIED WITH THE LICENSED MATERIALS OR ANYTHING ELSE RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSELICENSED MATERIALS.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 7.1 TO THE LIMITED WARRANTY IN SECTION 2MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAIA ORGANIZER MAKES NO REPRESENTATIONS OR AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY NATUREKIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS STATUTORY OR OTHERWISE INCLUDING ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. MAIA WILL UNDER THE EVENT IS PROVIDED ON AN “AS-IS” BASIS. ORGANIZER MAKES NO CIRCUMSTANCES HAVE ANY LIABILITY REPRESENTATIONS AS TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESACCURACY, LOST PROFITSCOMPLETENESS, LOSS OF BUSINESSTIMELINESS, SUITABILITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES VALIDITY OF ANY NATUREINFORMATION PRESENTED BY SPEAKERS, ATTENDEES, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 PARTNERS AT THE EVENT AND 9.2, NEITHER PARTY SHALL WILL NOT BE LIABLE FOR ANY INDIRECTERRORS, PUNITIVE, SPECIAL, INCIDENTALOMISSIONS, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSDELAYS IN THIS INFORMATION OR ANY LOSSES, PROFITS OR INVESTMENTINJURIES, OR DAMAGES ARISING FROM ITS DISPLAY OR USE. ORGANIZER DOES NOT ENDORSE, AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO, ANY OF THE LIKE)PRODUCTS OR SERVICES PROVIDED BY SPEAKERS, IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKSATTENDEES, OR THIS AGREEMENTPARTNERS. The views, WHETHER BASED ON BREACH OF CONTRACTopinions, BREACH OF WARRANTYand positions expressed by the speakers, TORT (INCLUDING NEGLIGENCEattendees, PRODUCT LIABILITY OR OTHERWISE)or partners at the Event are theirs alone and do not necessarily reflect the views, COST OF COVERopinions, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF or positions of Organizer or any employee thereof. 7.2 TO THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSGREATEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF IT SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF ORGANIZER HAS BEEN ADVISED APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN CONTRACT (INCLUDING ARISING UNDER THIS AGREEMENT OR THE BUSINESS ASSOCIATE AGREEMENT), TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN NO EVENT WILL: (A) ORGANIZER BE LIABLE FOR DAMAGES FOR LOSS OF PROFIT OR REVENUE, DATA THAT IS LOST OR CORRUPTED, LOSS OF GOODWILL, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND, (B) ORGANIZER’S TOTAL AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSECUMULATIVE LIABILITY, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT EXCEED ONE DOLLAR ($1.00).

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 2THIS AGREEMENT, MAIA BBBI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. MAIA WILL UNDER NO CIRCUMSTANCES HAVE WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BBBI DOES NOT WARRANT OR GUARANTEE THAT ANY LIABILITY GOODS, SERVICES, PROGRAMS, FEATURES OR WEBSITE(S) OFFERED PURSUANT TO THE PURCHASER THIS AGREEMENT OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESSSHALL BE UNINTERRUPTED OR ERROR-FREE, OR WILL RESULT IN ANY INDIRECT, SPECIAL, CONSEQUENTIAL REVENUE OR PUNITIVE DAMAGES OF PROFIT FOR BOWLING CENTER. BBBI SHALL NOT UNDER ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS OR LOSS OF BUSINESSDATA. WITHOUT LIMITING THE FOREGOING, PROFITS OR INVESTMENT, OR BBBI WILL NOT BE LIABLE TO BOWLING CENTER FOR ANY AMOUNTS IN EXCESS OF THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR AGGREGATE AMOUNTS PAID BY BOWLING CENTER UNDER THIS AGREEMENT, . THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSEPURPOSE OF ANY LIMITED REMEDY.

Disclaimer of Warranties; Limitation of Liability. ACS warrants that it is entitled to grant this Agreement. EXCEPT FOR AS SET FORTH IN THE LIMITED WARRANTY IN SECTION 2PRECEDING SENTENCE, MAIA ACS MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTRESPECT TO THE ACS PRODUCTS INCLUDING THEIR QUALITY, THE TRADEMARKS ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECTACS SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ACONNECTION WITH THE AGREEMENT GRANTED HEREUNDER, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE ANY ACS PRODUCT, ACS’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ACS OR THE VERIFIED PRODUCTSLOSS OF DATA, BUSINESS OR GOODWILL EVEN IF IT HAS BEEN ACS IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ACS OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY GRANTEE FOR ACCESS TO HAVE FAILED ITS ESSENTIAL PURPOSEACS PRODUCTS FOR THE CURRENT YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE. The foregoing limitations and exclusions of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against ACS unless a written claim is delivered to ACS within one (1) year after the event giving rise to the claim.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 27, MAIA MAKES THERE ARE NO REPRESENTATIONS OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, OR WARRANTIES OF ANY NATUREOTHER TERMS CONCERNING THE APPLICATION(S) OR THE SUPPORT SERVICES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR AND GUARDIAN AND ITS LICENSORS EXPRESSLY DISCLAIM ANY OTHER MATTERWARRANTIES WITH REGARD TO THE APPLICATION(S) OR THE SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAIA WILL UNDER IN NO CIRCUMSTANCES HAVE EVENT SHALL GUARDIAN OR ITS LICENSORS BE LIABLE FOR ANY LIABILITY TO THE PURCHASER INCIDENTAL, SPECIAL, INDIRECT, OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITSCONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, OR ANY INDIRECTLOSS OF PROFITS, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES LOSS OF ANY NATUREGOODWILL, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2TORTIOUS CONDUCT RELATING TO, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTALCAUSED BY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON ANY BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY ITS OBLIGATIONS OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE CUSTOMER'S USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSAPPLICATION(S), EVEN IF IT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GUARDIAN AND EVEN IF A REMEDY SET FORTH IS FOUND ITS LICENSORS ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO HAVE FAILED ITS ESSENTIAL PURPOSEANY CLAIM BY CUSTOMER AGAINST GUARDIAN.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA 12.1 LONZA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, THE TRADEMARKS OR WITHOUT LIMITATION, ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER PURPOSE WITH RESPECT TO ANY PATENT, TRADEMARK, SOFTWARE, NON-PUBLIC OR OTHER INFORMATION, OR TANGIBLE RESEARCH PROPERTY, LICENSED OR OTHERWISE PROVIDED TO AKOUOS HEREUNDER AND HEREBY DISCLAIMS THE SAME. 12.2 LONZA DOES NOT WARRANT THE VALIDITY OF THE ANCESTRAL TECHNOLOGY PATENT RIGHTS LICENSED HEREUNDER AND MAKES NO CIRCUMSTANCES HAVE ANY LIABILITY REPRESENTATION WHATSOEVER WITH REGARD TO THE PURCHASER SCOPE OF THE ANCESTRAL TECHNOLOGY PATENT RIGHTS OR THAT SUCH ANCESTRAL TECHNOLOGY PATENT RIGHTS MAY BE EXPLOITED BY AKOUOS OR ITS AFFILIATE OR SUBLICENSEE WITHOUT INFRINGING OTHER PATENTS. 12.3 EXCEPT WITH RESPECT TO ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS BREACH OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2ARTICLE 7, NEITHER PARTY PARTY, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHALL BE LIABLE TO THE OTHER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING INCIDENTAL, ECONOMIC DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSLOST PROFITS, EVEN IF IT SUCH PARTY HAS BEEN ADVISED INFORMED, SHOULD HAVE KNOWN OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEDAMAGES. 12.4 The Parties acknowledge and agree that they are entering into this Agreement in reliance upon the exclusions and limitations set forth in this Article 12, and that the same reflect an allocation of risk (including the risk that a contract remedy may fail of its essential purpose) and that the same form an essential basis of the bargain between the Parties.

Disclaimer of Warranties; Limitation of Liability. EXCEPT You understand and agree that we do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE LIMITED WARRANTY IN SECTION 2FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAIA MAKES NO REPRESENTATIONS YOU ACKNOWLEDGE AND AGREE, THAT YOUR ACCESS OR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THE COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PERSONS”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS OR USE OF THIS SITE. THIS SITE AND ALL CONTENT AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY NATUREKIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, IN CONNECTION WITH THIS AGREEMENTSTATUTORY, THE TRADEMARKS OR ANY OTHER MATTEROTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR AS A RESULT USAGE OF SELLING APPLES AS LISTED IN EXHIBIT ATRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TRADEMARKSCOMPANY AND ITS RELATED PERSONS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS SITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS RELATED PERSONS WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR THIS AGREEMENT, WHETHER BASED ON BREACH INACCURACIES OF CONTRACT, BREACH OF WARRANTY, TORT CONTENT; (INCLUDING NEGLIGENCE, PRODUCT LIABILITY B) PERSONAL INJURY OR OTHERWISE), COST OF COVER, PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.THIS SITE;

Disclaimer of Warranties; Limitation of Liability. (a) EXCEPT FOR THE LIMITED WARRANTY IN SECTION 22(c), MAIA VERDURE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN SECTION 2(c) OF THIS AGREEMENT. WHEN LICENSEE BEFORE ACCEPTING DELIVERY OF THE PRODUCT, HAS EXAMINED THE PRODUCT AS FULLY AS IT DESIRED OR HAS REFUSED TO EXAMINE THE PRODUCT, THERE IS NO IMPLIED WARRANTY WITH REGARD TO DEFECTS WHICH AN EXAMINATION OUGHT IN THE CIRCUMSTANCES TO HAVE ANY LIABILITY REVEALED TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. LICENSEE. (b) EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.28(a) and 8(b), NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, GENERAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ATHE VERIFIED PRODUCTS, THE TRADEMARKS, AND/OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR SALE OF OR INABILITY TO USE OR SELL THE VERIFIED PRODUCTS, PRODUCTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Disclaimer of Warranties; Limitation of Liability. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT ROCRENTS IS NEITHER THE MANUFACTURER OF THE EQUIPMENT NOR THE AGENT OF THE MANUFACTURER. ROCRENTS MAKES NO WARRANTIES, EXPRIESSED OR IMPLIED, INCLUDING AS TO THE MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, SUITBILITY FOR INTENDED USE, DESIGN, OR WORKMANSHIP OF THE EQUIPMTENT. LESSEE ACKNOWLEDGES THAT, EXCEPT FOR ANY WARRANTY PROVIDED BY THE LIMITED WARRANTY IN SECTION 2MANUFACTURER OF THE EQUIPMENT, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF THE EQUIPMENT IS BEING RENTED TO LESSEE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTAS TO CONDITION AND WITHOUT ANY RECOURSE WHATSOEVER TO ROCRENTS. LESSEE FURTHER ACKOWLEDGES THAT IT IS RELYING SOLELY ON ITS OWN EXAMINATION OF THE EQUIPMENT AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, FROM ROCRENTS. CUTOMER HEREBY EXPRESSLY ASSUMES THE TRADEMARKS OR RISK OF, AND RELEASES AND WIAVERS ANY OTHER MATTERAND ALL RIGHTS THAT IT MAY HAVE AGAINST ROCRENTS FOR, ANY AND ALL LIABILITIES AND DAMAGES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYINCIDENTIAL AND CONSEQUENTIAL DAMAGES, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER CAUSED BY, RESULTING FROM OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ACONNECTED WITH THE EQUIPMENT, THE TRADEMARKS, OPERATION OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT USE OF THE USE OF EQUIPMENT, ANY DEFECT IN OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED FAILURE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND EQUIPMENT, AND/OR ROCRENTS'S FAILURE TO HAVE FAILED ITS ESSENTIAL PURPOSEPRESENT OR DELIVER THE EQUIPMENT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT OR PATENT APPLICATION INCLUDED WITHIN THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS LICENSED INTELLECTUAL PROPERTY IS VALID OR WARRANTIES ENFORCEABLE OR THAT THE EXERCISE OF ANY NATURERIGHTS GRANTED HEREUNDER WILL NOT INFRINGE ANY PATENTS OF THIRD PARTIES. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF ANY INVENTION(S) OR PRODUCT(S), THAT ARE THE SUBJECT OF THIS AGREEMENT, ; OR THE TRADEMARKS MERCHANTABILITY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES PURPOSE OF ANY NATURE, SUCH INVENTION OR ANY PRODUCTS LIABILITYPRODUCT. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS ANY BREACH UNDER SECTIONS 9.1 AND 9.2ARTICLE 9, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OF THE OTHER PARTY’S AFFILIATES FOR ANY SPECIAL, INDIRECT, PUNITIVE, SPECIALCONSEQUENTIAL, INCIDENTAL, OR CONSEQUENTIAL PUNITIVE DAMAGES SUFFERED BY THE OTHER PARTY OR ITS AFFILIATES IN RELATION TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN LOST PROFITS) UNDER ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT STRICT LIABILITY OR OTHERWISE), COST OF COVER, OTHER LEGAL OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSEQUITABLE THEORY, EVEN IF IT SUCH PARTY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND LOSS, DAMAGE, OR COST, EXCEPT TO HAVE FAILED ITS ESSENTIAL PURPOSETHE EXTENT IT MAY BE REQUIRED TO INDEMNIFY THE OTHER PARTY.

Disclaimer of Warranties; Limitation of Liability. EXCEPT 6.1 SEPARATE EQUIPMENT WARRANTY; DISCLAIMER OF WARRANTIES. YOU AGREE TO USE ONLY SATELLITE COMMUNICATIONS EQUIPMENT THAT GLOBALSTAR HAS APPROVED FOR USE IN THE GLOBALSTAR SYSTEM. THE EQUIPMENT MUST BEAR AN FCC CERTIFICATION NUMBER OR OTHER INDICATION OF TYPE CERTIFICATION FROM THE REGULATORY AUTHORITY OF THE COUNTRY WHERE YOU OBTAINED THE EQUIPMENT. THE SEPARATE EQUIPMENT WARRANTY, IF ANY, ACCOMPANYING THE TERMINAL OR OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE PROVIDED BY THE MANUFACTURER OR SUPPLIER OF THE TERMINAL OR EQUIPMENT IS THE ONLY WARRANTY PROVIDED IN RELATION TO SUCH TERMINAL OR OTHER EQUIPMENT, AND YOUR REMEDIES FOR ANY AND ALL WARRANTY CLAIMS WITH RESPECT TO THE TERMINAL AND ALL OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE ARE LIMITED WARRANTY TO THOSE PROVIDED IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURETHE SEPARATE EQUIPMENT WARRANTY. NOTHING IN THE AGREEMENT SHALL BE INTERPRETED AS A WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY TERMINAL OR OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THIS AGREEMENTTHE GLOBALSTAR SERVICE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ANY SUCH TERMINAL OR OTHER EQUIPMENT IS AT YOUR SOLE RISK OTHER THAN SUCH SEPARATE EQUIPMENT WARRANTY. EXCEPT AS SPECIFIED IN THE TRADEMARKS SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA, IF ANY, GUSA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR ANY OTHER MATTERTERMINAL OR EQUIPMENT USED IN CONNECTION WITH THE GLOBALSTAR SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF MERCHANTABILITYANY SUCH TERMINAL OR EQUIPMENT, TITLE OR ANY WARRANTIES THAT ANY SUCH TERMINAL OR EQUIPMENT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT ANY SUCH TERMINAL OR EQUIPMENT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GUSA OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SEPARATE EQUIPMENT WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE GLOBALSTAR WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY GLOBALSTAR, GUSA OR THEIR AFFILIATES. GLOBALSTAR, GUSA AND THEIR AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SEPARATE EQUIPMENT WARRANTY, IF ANY, GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, GUSA LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE SEPARATE EQUIPMENT WARRANTY FOR THE APPLICABLE PRODUCT. THE TERMS AND CONDITIONS OF ANY SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA OR ANOTHER MANUFACTURER OR SUPPLIER MAY BE UPDATED AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED IN ANY SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA, THEN THE TERMS CONTAINED IN THE SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT. 6.2 DISCLAIMER OF WARRANTY FOR THE GLOBALSTAR SERVICE AND SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GLOBALSTAR SERVICE AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLOBALSTAR SERVICE AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA , THAT THE GLOBALSTAR SERVICE AND/OR ANY ASSOCIATED SOFTWARE WILL UNDER NO CIRCUMSTANCES HAVE MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY LIABILITY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY GLOBALSTAR, GUSA AND ALL SERVICE PROVIDERS TO THE PURCHASER FULLEST EXTENT PERMITTED BY LAW. GLOBALSTAR, GUSA AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE GLOBALSTAR SERVICE, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE GLOBALSTAR SYSTEM AND GLOBALSTAR, GUSA, AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTIES PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR LOST REVENUESANY DAMAGE TO YOUR TERMINAL, LOST PROFITSOTHER DEVICE, OR LOSS OF BUSINESSDATA THAT RESULTS FROM USE OF THE GLOBALSTAR SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR ANY INDIRECTCOMMUNICATION SYSTEMS, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVERAIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER PECUNIARY LOSS ARISING OUT ACTIVITIES IN WHICH THE FAILURE OF THE USE OF SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSESEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Disclaimer of Warranties; Limitation of Liability. THE CITY AGREES THAT THE TID DOES NOT GUARANTEE OR WARRANT THE SERVICES PROVIDED BY THE TID HEREUNDER OR THE COMPLETION OF THE CITY PROJECT. ALL TID SERVICES ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTAS EXPRESSLY SET FORTH HEREIN, THE TRADEMARKS TID DOES NOT MAKE, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS AND/OR ANY OTHER MATTERIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MAIA IN NO EVENT WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY THE TID BE LIABLE OR RESPONSIBLE TO THE PURCHASER CITY FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR ANY THIRD PARTIES FOR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUES, REVENUE AND LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND DAMAGES, WHETHER ARISING UNDER ANY THEORY OR CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EXCEPT TO HAVE FAILED ITS ESSENTIAL PURPOSETHE EXTENT OF INSURANCE PROCEEDS ACTUALLY RECEIVED, IN NO EVENT WILL THE TID’S TOTAL LIABILITY HEREUNDER EXCEED THE FEES (NOT INCLUDING ANY FEES PAID TO THE TID TO REIMBURSE THE TID FOR EXPENSES INCURRED BY THE TID) ACTUALLY COLLECTED BY THE TID FROM THE CITY HEREUNDER.

Disclaimer of Warranties; Limitation of Liability. EXCEPT You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, and services published on or promoted over this Web site, including information and services referred to, advertised or promoted on or sold though the Web site. This Web Site and all information, products or services available through this Web site are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither The Xxxxx Xxxxxxx of Phi Kappa Phi, nor any of its affiliates or licensees warrant that this Web Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web site, or as to the accuracy, reliability or completeness of content or any information, service or merchandise provided through this Web site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE XXXXX XXXXXXX OF PHI KAPPA PHI, ITS AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE LIMITED WARRANTY IN SECTION 2INFORMATION CONTAINED WITHIN THIS WEB SITE, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES ANY LIABILITY FOR DAMAGES OF ANY NATUREKIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE.THE XXXXX XXXXXXX OF PHI KAPPA PHI, ITS AFFILIATES AND LICENSEES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS IMPLIED BY STATUTE OR ANY OTHER MATTEROTHERWISE, INCLUDING WITHOUT LIMITATION ALL LIMITATIONS WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. MAIA WILL UNDER IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO EVENT SHALL THE PURCHASER XXXXX XXXXXXX OF PHI KAPPA PHI, ITS AFFILIATES OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, ITS LICENSEES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVEDIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF BUSINESS, PROFITS OR INVESTMENTACCESS TO, OR THE LIKE)USE OF, IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSTHIS WEB SITE OR ANY PRODUCTS OR SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF IT THE XXXXX XXXXXXX OF PHI KAPPA PHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN DAMAGES. You agree that the entire liability of The Xxxxx Xxxxxxx of Phi Kappa Phi, its affiliates or its licensees, arising out of any kind of legal claim arising out of or otherwise related to this Web site will not exceed the amount you paid, if any, for the use of this Web site or any services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you. We provide the material available through this Web site for informational purposes only. You may only use the material and the services available through this Web site for your personal and non- commercial use. Before you act on any information you’ve found on our site, you should independently confirm any facts that are important to your decision. 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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WELLMARK DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY OF THE SERVICES WELLMARK PROVIDES OR ARRANGES TO PROVIDE UNDER THIS AGREEMENT. MAIA WILL UNDER IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER EVENT SHALL WELLMARK BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY THIRD PARTIES FOR LOST REVENUESSPECIAL DAMAGES, LOSS OF DATA OR LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT WELLMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND EVEN IF IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE MEDICAL MANAGEMENT SERVICES ARE EDUCATIONAL AND INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE CLINICAL SERVICES. HEALTH INFORMATION PROVIDED BY WELLMARK OR VENDORS OR THEIR AFFILIATES IS BASED ON MEDICAL LITERATURE. HOWEVER, USE OF SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE AND CARE FROM A REMEDY SET FORTH HEALTH CARE PROFESSIONAL. THE HEALTH INFORMATION IS FOUND INTENDED TO HAVE FAILED HELP PEOPLE MAKE BETTER HEALTH CARE DECISIONS AND TAKE GREATER RESPONSIBILITY FOR THEIR OWN HEALTH, BUT MAY NOT RESULT IN ACTUAL ACHIEVEMENT OF THESE GOALS. ACCOUNT EXPRESSLY ACKNOWLEDGES AND AGREES THAT WELLMARK IS NOT RESPONSIBLE FOR THE RESULTS OF ITS ESSENTIAL MEMBERS’ USE OF SUCH INFORMATION INCLUDING, BUT NOT LIMITED TO, MEMBERS CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR MEMBERS CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. XXXXXXXX DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE MEDICAL MANAGEMENT SERVICES, THEIR ABILITY TO REDUCE COSTS, OR IMPROVE OUTCOMES.

Disclaimer of Warranties; Limitation of Liability. OSA warrants that it is entitled to grant the licenses granted in this Agreement. THE ONLINE JOURNALS ARE PROVIDED “AS IS” AND, EXCEPT FOR AS SET FORTH IN THE LIMITED WARRANTY IN SECTION 2PRECEDING SENTENCE, MAIA XXX MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERONLINE JOURNALS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYTHEIR QUALITY, TITLE AND PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE OSA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY TO OR DAMAGE OF ANY KIND RESULTING FROM THE PURCHASER UNAVAILABILITY OF THE ONLINE JOURNALS, XXX’S PERFORMANCE OR ANY THIRD PARTIES FOR LOST REVENUESTERMINATION OF THIS AGREEMENT, LOST PROFITS, LOSS INTERRUPTION OF BUSINESSTHE SERVICES PROVIDED HEREUNDER, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL ARISING OUT OF OR PUNITIVE DAMAGES IN CONNECTION WITH LICENSEE’S USE OF ANY NATURE, OR ANY PRODUCTS LIABILITYTHE ONLINE JOURNALS. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY OSA SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSDAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND DAMAGES. IN NO EVENT SHALL OSA’S LIABILITY EXCEED THE AMOUNT PAID TO HAVE FAILED ITS ESSENTIAL PURPOSEOSA BY THE LICENSEE FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH ANY CLAIM, LOSS OR DAMAGE OCCURRED, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. No claim may be made against OSA unless suit is filed thereon within one (1) year after the event giving rise to the claim.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR ALL LICENSED NFTs ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY NATUREKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE 76ERS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, THE TRADEMARKS OR ANY OTHER MATTERBUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE 76ERS PARTIES BE LIABLE TO RECIPIENT FOR ANY THIRD PARTIES FOR LOST REVENUESPERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF BUSINESSDATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY INDIRECTFORM OF DIRECT OR INDIRECT DAMAGES, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, AND/OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS BASED ON ANY CAUSES OF BUSINESSACTION WHATSOEVER RELATED TO ANY NFT, PROFITS OR INVESTMENTINCLUDING, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ABUT NOT LIMITED TO, THE TRADEMARKSLICENSED NFT, ANY REDEMPTION THEREOF, THE PROGRAM, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE PROGRAM AND REDEMPTION OF ANY LICENSED NFT, INCLUDING, BUT NOT LIMITED TO, BLOCKCHAIN AND/OR XXXXXX.XXX. RECIPIENT AGREES THAT THIS AGREEMENT, LIMITATION OF LIABILITY APPLIES WHETHER BASED ON SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, BREACH OF WARRANTYTORTIOUS BEHAVIOR, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR FALL UNDER ANY OTHER PECUNIARY LOSS ARISING OUT CAUSE OF ACTION, REGARDLESS OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF IT A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR DAMAGE, AND EVEN IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 76ERS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). RECIPIENT ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND RECIPIENT AGREES THAT 76ERS HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO 76ERS’ GROSS NEGLIGENCE. IF A REMEDY SET FORTH IS FOUND APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO HAVE FAILED ITS ESSENTIAL PURPOSEAPPLY TO RECIPIENT, THE LIMITATIONS WILL APPLY TO RECIPIENT ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND RESIDENTS OF ANY OTHER STATES, TERRITORIES, AND/OR JURISDICTION).

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA 10.1 MEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, THE TRADEMARKS OR WITHOUT LIMITATION, ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PATENT, [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. MAIA WILL UNDER Confidential treatment has been requested with respect to the omitted portions. TRADEMARK, SOFTWARE, NON-PUBLIC OR OTHER INFORMATION, OR TANGIBLE RESEARCH PROPERTY, LICENSED OR OTHERWISE PROVIDED TO LICENSEE HEREUNDER AND HEREBY DISCLAIMS THE SAME. 10.2 MEE DOES NOT WARRANT THE VALIDITY OF THE PATENT RIGHTS LICENSED HEREUNDER AND MAKES NO CIRCUMSTANCES HAVE ANY LIABILITY REPRESENTATION WHATSOEVER WITH REGARD TO THE PURCHASER SCOPE OF THE LICENSED PATENT RIGHTS OR THAT SUCH PATENT RIGHTS MAY BE EXPLOITED BY LICENSEE, AFFILIATE OR SUBLICENSEE WITHOUT INFRINGING OTHER PATENTS. 10.3 EXCEPT WITH RESPECT TO ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS BREACH OF BUSINESS, ARTICLE 12 OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OF SECTION 5.8 AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2OTHERWISE, NEITHER PARTY PARTY, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHALL BE LIABLE TO THE OTHER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, PUNITIVE, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING INCIDENTAL, ECONOMIC DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSLOST PROFITS, EVEN IF IT SUCH PARTY HAS BEEN ADVISED INFORMED, SHOULD HAVE KNOWN OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEDAMAGES.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WELLMARK DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY OF THE SERVICES WELLMARK PROVIDES OR ARRANGES TO PROVIDE UNDER THIS AGREEMENT. MAIA WILL UNDER IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER EVENT SHALL WELLMARK BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY THIRD PARTIES FOR LOST REVENUESSPECIAL DAMAGES, LOSS OF DATA OR LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT WELLMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND EVEN IF IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE HEALTH SERVICES ARE EDUCATIONAL AND INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE CLINICAL SERVICES. HEALTH INFORMATION PROVIDED BY WELLMARK OR VENDORS OR THEIR AFFILIATES IS BASED ON MEDICAL LITERATURE. HOWEVER, USE OF SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE AND CARE FROM A REMEDY SET FORTH HEALTH CARE PROFESSIONAL. THE HEALTH INFORMATION IS FOUND INTENDED TO HAVE FAILED HELP PEOPLE MAKE BETTER HEALTH CARE DECISIONS AND TAKE GREATER RESPONSIBILITY FOR THEIR OWN HEALTH, BUT MAY NOT RESULT IN ACTUAL ACHIEVEMENT OF THESE GOALS. ACCOUNT EXPRESSLY ACKNOWLEDGES AND AGREES THAT WELLMARK IS NOT RESPONSIBLE FOR THE RESULTS OF ITS ESSENTIAL MEMBERS’ USE OF SUCH INFORMATION INCLUDING, BUT NOT LIMITED TO, MEMBERS CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR MEMBERS CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. XXXXXXXX DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE HEALTH SERVICES, THEIR ABILITY TO REDUCE COSTS, OR IMPROVE OUTCOMES.

Disclaimer of Warranties; Limitation of Liability. (a) EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2AS EXPRESSLY PROVIDED HEREIN, MAIA AUCTIONET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH REGARDING THIS AGREEMENT, OR THE TRADEMARKS SOFTWARE, INTEGRATED SOFTWARE OR THE AUCTIONET SERVICES AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT. (b) EXCEPT FOR AUCTIONET'S LIABILITY ARISING UNDER SECTION 8 ABOVE OR LIABILITY OF EITHER PARTY FOR BREACH OF SECTION 10, IN NO EVENT SHALL EITHER PARTY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE OR THE INTEGRATED SOFTWARE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY PURCHASEPRO HEREUNDER. MAIA WILL EXCEPT FOR LIABILITY ARISING UNDER SECTIONS 8 AND 10 OF THIS AGREEMENT, IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE PURCHASER OTHER PARTY FOR ANY LOST PROFITS OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS COSTS OF BUSINESSPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS HOWEVER CAUSED AND UNDER ANY THEORY OF BUSINESS, PROFITS LIABILITY AND WHETHER OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DAMAGE. THE PARTIES AGREE THAT THIS SECTION 9 REPRESENTS A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEREASONABLE ALLOCATION OF RISK.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2SPIE warrants that it is entitled to grant the licenses granted in this Agreement, MAIA and is authorized to execute this Agreement. XXXX MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY NATUREKIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERSPIE DIGITAL LIBRARY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYTHEIR QUALITY, TITLE AND ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECTSPIE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSOTHER DAMAGES, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ACONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSSPIE DIGITAL LIBRARY, SPIE'S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SPIE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF IT HAS BEEN SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR ANY CLAIMS, LOSSES OR DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO HAVE FAILED ITS ESSENTIAL PURPOSE.SPIE FOR THE SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO

Disclaimer of Warranties; Limitation of Liability. EXCEPT a. YOU MAY HAVE NON-EXCLUDABLE RIGHTS OR REMEDIES UNDER LAWS IN YOUR JURISDICTION. NOTHING IN THESE TERMS OF USE IS INTENDED TO OR HAS THE EFFECT OF LIMITING, MODIFYING, OR EXCLUDING ANY LIABILITY WHICH CANNOT BE SO LIMITED, MODIFIED OR EXCLUDED BY LAW. ANY AND ALL LIMITATIONS OR EXCLUSIONS OF APPLE’S LIABILITY IN THESE TERMS OF USE SHALL APPLY ONLY TO THE MAXIMUM EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW. b. APPLE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES (OR PARTICULAR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER THE LIMITED WARRANTY SERVICES IN SECTION 2THEIR ENTIRETY OR IN PART, MAIA AT ANY TIME, WHERE NECESSARY TO PROTECT APPLE’S INTERESTS. c. APPLE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICES ARE AVAILABLE IN ALL LOCATIONS, AND, TO THE EXTENT THAT THEY ARE AVAILABLE, THAT ALL LANGUAGES USED IN SUCH LOCATIONS WILL BE AVAILABLE, AND APPLE MAKES NO REPRESENTATIONS REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR PERMISSIBLE FOR YOUR USE IN A PARTICULAR LOCATION. d. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY NATUREKIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, TITLE, ACCURACY, AND NON-INFRINGEMENT. MAIA APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL UNDER NO CIRCUMSTANCES HAVE MEET YOUR REQUIREMENTS OR BE FREE FROM NETWORK FAILURES, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. e. TO THE PURCHASER EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHATSOEVER, INCLUDING ANY COMMERCIAL DAMAGES FOR LOSS OF BUSINESSOR LOSSES, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY PRODUCT, SERVICE, FEATURE, OR FUNCTIONALITY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ATHE USE OF ANY PRODUCT, THE TRADEMARKSSERVICE, FEATURE, OR THIS AGREEMENTFUNCTIONALITY MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY, WHETHER BASED ON BREACH UNDER A THEORY OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY PRODUCTS LIABILITY, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, OR OTHERWISE), COST AND NOTWITHSTANDING THE FAILURE OF COVER, ESSENTIAL PURPOSE OR ANY REMEDY. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER PECUNIARY LOSS ARISING OUT THAN AS MAY BE REQUIRED UNDER APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, FOREGOING LIMITATIONS WILL APPLY EVEN IF IT HAS BEEN ADVISED THE ABOVE STATED REMEDY FAILS OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR AS SPECIFICALLY STATED HEREIN OR IN THE LIMITED SALES ORDER FORM OR WARRANTY IN SECTION 2DOCUMENTATION, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF COMPANY HEREBY DISCLAIMS ANY NATUREAND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTREGARD TO THE PRODUCTS AND SERVICES, THE TRADEMARKS OR INCLUDING, BUT NOT LIMITED TO, ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. MAIA WILL UNDER IN NO CIRCUMSTANCES HAVE ANY LIABILITY EVENT SHALL COMPANY BE LIABLE TO THE PURCHASER OR ANY THIRD PARTIES CUSTOMER FOR LOST REVENUESINDIRECT, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECTINCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF ANY NATUREFUTURE REVENUE, INCOME OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH UNDER ANY THEORY OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSLAW, EVEN IF IT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY TO CUSTOMER FOR DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY OF LAW, EXCEED THE SUM OF ALL PAYMENTS MADE TO HAVE FAILED ITS ESSENTIAL PURPOSECOMPANY BY CUSTOMER UNDER THIS AGREEMENT UP TO THE TIME THE CAUSE AROSE. Intellectual Property Indemnity. Company shall at its expense defend Customer from any action brought against Customer to the extent that it is based upon a claim that the Products, or any part thereof, infringes a patent, copyright, trade secret or other proprietary right in the United States of any third party (“Claim”). Company will indemnify Customer for the damages finally awarded against Customer or settled by agreement which are attributable to such Claim, together with any of Customer’s reasonable costs and expenses directly related to the defense against the Claim. Company’s defense and indemnification obligations are subject to and limited by the following: (a) that Customer promptly notifies Company in writing of any knowledge or notice Customer has concerning the Claim, or the possibility thereof; (b) that Customer allows Company to assume immediately and undertake the sole control of the defense of any such action and all negotiations for its settlement (provided that no settlement that imposes any liability or obligation on Customer will be made without Customer’s prior written consent, which will not be unreasonably withheld); (c) that Customer cooperates with Company’s reasonable requests for assistance in conducting such defense; and (d) that Company has no obligation to reimburse Customer for any costs or expenses incurred by Customer following Company’s receipt of notification and its assumption of such defense. Should the Products, or any part thereof, become or in Company’s opinion be likely to become the subject of a Claim, Customer shall permit Company at Company’s sole option and expense: (i) to procure for Customer the right to continue using the Products; (ii) to make available a modified or replacement product so that Customer’s Products become non-infringing; or (iii) if Company determines that it is unable to perform either of alternatives (i) or (ii), then at Company’s sole option to take possession of the allegedly infringing Products after giving Customer thirty (30) days prior written notice and to reimburse Customer for the reasonable value of such Products at that time consistent with their age and overall condition. All costs of such repossession shall be at Company’s sole expense. Company shall have no obligations or liability to Customer under any provisions of this Section with respect to any claim, judgment, or finding or patent, copyright, trade secret or other proprietary right infringement which is based upon: (w) the combination or utilization of the Products with equipment, software, supplies or devices not furnished or approved by Company; (x) use of the Products in any manner that is inconsistent with the purpose for which it was designed or contrary to the explicit provisions in Company’s documentation or specifications therefor; (y) modification of the Products without Company’s explicit prior written approval or in any manner in accordance with designs, specifications or instructions provided by Customer; or (z) claims that result from the negligent or willful misconduct of Customer. The foregoing states Company’s entire liability and Customer’s sole and exclusive remedy with respect to any infringement or misappropriation of any intellectual property rights of any other party.

Disclaimer of Warranties; Limitation of Liability. a. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 2THIS AGREEMENT, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDLESS OF ANY NATUREADVERTISEMENTS, EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RELATING TO THE TRADEMARKS OR ANY OTHER MATTERPRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION THE LICENSED SOFTWARE, AND ALL MODIFICATIONS OR UPGRADES THERETO, REGARDLESS OF FORM, AND RELATED DOCUMENTATION, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, MERCHANTABILITY, TITLE AND QUALITY, ACCURACY, FITNESS OF RESULTING WORK PRODUCT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT PRODUCTS OR SERVICES, INCLUDING ANY LICENSED SOFTWARE, WILL GENERATE CERTAIN RESULTS. MAIA WILL UNDER NO CIRCUMSTANCES HAVE Execution Copy—September 26, 2005 ***** Portion for which confidential treatment requested. b. EXCEPT AS EXPRESSLY PROVIDED IN THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT: (1) NEITHER PARTY ASSUMES ANY LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT; (2) IN NO EVENT SHALL EITHER PARTY BE LIABLE WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) FOR DAMAGES RELATING TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESSMAGNETICALLY STORED COMPUTER PROGRAMS OR DATA, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSDAMAGES, EVEN IF IT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES; AND EVEN IF A REMEDY SET FORTH (3) NO CHARGES OR EXPENSES INCIDENT TO ANY CLAIM SHALL BE ALLOWED UNLESS APPROVED BY AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY. THIS LIMITATION OF LIABILITY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEINDEPENDENT OF, AND SHALL SURVIVE ANY FAILURE OF, ANY EXCLUSIVE REMEDIES OTHERWISE PROVIDED FOR IN THIS AGREEMENT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR a) THE LIMITED WARRANTY IN SECTION 2SERVICES ARE PROVIDED “AS IS.” NEITHER TBTTS, MAIA MAKES NO REPRESENTATIONS INC., THE DATA PROVIDERS, THE SERVICE FACILITATORS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE OR WARRANTIES AFFILIATE OF ANY NATUREOF THE FOREGOING MAKE ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS). SUBSCRIBER RECOGNIZES THAT THE ACCURACY OF THE INFORMATION SHOULD BE CHECKED BEFORE SUBSCRIBER RELIES ON IT. NEWS STORIES REFLECT ONLY THE AUTHOR’S OPINION AND NOT THAT OF TBTTS, INC.. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to Subscriber insofar as they relate to implied warranties. b) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT TBTTS, INC. DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR, AND THAT NEITHER TBTTS, INC., THE DATA PROVIDERS, THE SERVICE FACILITATORS, ANY THIRD PARTY SUPPLIER, NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING SHALL HAVE ANY LIABILITY, WHETHER DIRECT, INDIRECT CONTINGENT OR OTHERWISE, FOR THE TRUTHFULNESS, ACCURACY OR TIMELENESS OF THE SERVICES OR THE TRUTHFULNESS, ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN CONNECTION WITH RELIANCE UPON THE INFORMATION OR THE SERVICES, OR FOR ANY INTERRUPTION OR DELAY OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THE SERVICES. Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to Subscriber. c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SUBSCRIBER’S MAXIMUM RECOVERY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE TRADEMARKS FORM OF ACTION THAT IMPOSES LIABILITY, WHETHER IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT OR OTHERWISE, SHALL BE LIMITED TO AND NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND AND NATURE, THE LESSER OF: (I) THE AMOUNT OF THE SERVICE FEES (INCLUDING PREMIUM SERVICE FEES APPLICABLE TO TBTTS, INC. PRODUCTS) PAID TO TBTTS, INC. UNDER THIS AGREEMENT FOR THE ONE MONTHS PERIOD PRIOR TO THE TIME SUCH LIABILITY AROSE Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to Subscriber. d) IN NO EVENT WILL TBTTS, INC., THE DATA PROVIDERS, THE SERVICE FACILITATORS, OR ANY THIRD PARTY SUPPLIER, OR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING BE LIABLE TO SUBSCRIBER, SUBSCRIBER’S CUSTOMERS OR ANY OTHER MATTERPARTY FOR ANY INCIDENTAL, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYCONSEQUENTIAL, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER SPECIAL OR ANY THIRD PARTIES FOR LOST REVENUESINDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, ERROR OR LOSS OF BUSINESSTHE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF TBTTS, INC., THE DATA PROVIDERS, THE SERVICE FACILITATORS OR OTHER THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to Subscriber. e) SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY OR THROUGH THE SERVICES IS DONE AT SUBSCRIBER’S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO SUBSCRIBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT TBTTS, INC. DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE SERVICES. TBTTS, INC. DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY OF THE SERVICES. TBTTS, INC. DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Some jurisdictions do not permit limitations of liability. In such jurisdictions, the limitations of clauses (b) – (e) above may not apply to Subscriber. f) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY OF THE INFORMATION ARE INTENDED TO SUPPLY INVESTMENT, FINANCIAL, TAX OR LEGAL ADVICE. THE SERVICES ARE NOT INVESTMENT ADVICE AND A REFERENCE TO A PARTICULAR INVESTMENT OR SECURITY, A CREDIT RATING, OR ANY INDIRECTOBSERVATION CONCERNING A SECURITY OR INVESTMENT PROVIDED IN THE SERVICES IS NOT A RECOMMENDATION TO BUY, SPECIALSELL OR HOLD SUCH INVESTMENT OR SECURITY OR TO MAKE ANY OTHER INVESTMENT DECISIONS. TBTTS, CONSEQUENTIAL INC. OFFERS NO ADVICE REGARDING THE NATURE, POTENTIAL VALUE, OR PUNITIVE DAMAGES SUITABILITY OF ANY NATUREPARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES AND INFORMATION, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND INFORMATION, ARE MADE AT SUBSCRIBER’S OWN RISK g) ANY ONLINE ORDER EXECUTION SERVICES SUBSCRIBER MAY UTILIZE IN CONNECTION WITH THE SERVICES ARE PROVIDED BY INDEPENDENT BROKER-DEALERS,PROP TRADING GROUPS, CLEARING FIRMS OR FUTURES COMMISSION MERCHANTS OR SIMILAR ENTITIES (COLLECTIVELY, “DIRECT ACCESS BROKERS”) AND NOT BY TBTTS, INC.. IN ORDER TO UTILIZE SUCH SERVICES, SUBSCRIBER MUST HAVE AN EXISTING ACCOUNT WITH A DIRECT ACCESS BROKER OR SUBSEQUENTLY ESTABLISH AN ACCOUNT WITH A DIRECT ACCESS BROKER. TBTTS, INC. IS NOT A DIRECT ACCESS BROKER, IS NOT AFFILIATED WITH ANY DIRECT ACCESS BROKERS AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY DIRECT ACCESS BROKER. THE DIRECT ACCESS BROKER SUBSCRIBER SELECTS IS SOLELY RESPONSIBLE FOR ITS SERVICES TO SUBSCRIBER, AND SUBSCRIBER AGREES THAT NEITHER TBTTS, INC., THE DATA PROVIDERS, THE SERVICE FACILITATORS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, OR AFFILIATE OF ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY OF THE FOREGOING SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS COSTS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY TYPE WHATSOEVER ARISING OUT OF OR AS A RESULT IN ANY WAY CONNECTED WITH SUBSCRIBER’S USE OF SELLING APPLES AS LISTED IN EXHIBIT ASUCH SERVICES, THE TRADEMARKSINCLUDING, BUT NOT LIMITED TO, TRADING LOSSES AND DELAYS, INTERRUPTIONS, ERRORS, OMISSIONS, OR MALFUNCTIONS IN RESPECT TO THE ORDERS TRANSMITTED BY SERVICE FACILITATORS OR DATA DISTRIBUTED BY DATA PROVIDERS. IN ADDITION, SUBSCRIBER ACKNOWLEDGES THAT TBTTS, INC. MAY COLLECT INFORMATION ABOUT SUBSCRIBER’S TRADING ACTIVITY FOR USE SOLELY IN ADMINISTERING TBTTS INC.’S RELATIONSHIP WITH THE DIRECT ACCESS BROKER. h) NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT AGREEMENT MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF 1) YEAR AFTER SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.ACTION HAS

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Les Utilisateurs Autorisés peuvent utiliser les Contenus sous Licence pour de la fouille de texte et de données exclusivement à des fins de recherche et d’enseignement ou d’objectif professionnel et peuvent charger, xxxxxxx et analyser les résultats sur un réseau sécurisé, tant qu’une telle utilisation respecte toutes les autres dispositions de ce Contrat. Les informations tirées de la fouille de texte et de données peuvent être rendues publiques ; néanmoins la source originale sous droits d’auteur ne peut pas être distribuée publiquement. Les Contenus sous Licence peuvent être utilisés seulement par les établissements académiques pour répondre aux demandes de Prêt entre Bibliothèque (PEB) du moment que cette utilisation est conforme aux règles nationales, internationales et autres règles acceptées du PEB, xxxxxx que la xxxxx XXXXX. 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Le téléchargement systématique ou programmé, l’impression, la transmission ou la copie des Contenus sous Licence, dont le but ou l’effet est de capturer, reproduire ou transférer des contenus entiers de volumes ou numéros de conférences ou revues, ou des résultats de recherche séquentiels ou cumulatifs, ou des collections de résumés, d’articles ou de tables des matières, est interdit. Xx xxxxxx utilisations systématiques ou programmées des Contenus sous Licence qui interfèrent avec l’accès des Utilisateurs Autorisés ou affectent les performances techniques de la SPIE Digital Library, par exemple l’utilisation de « robots » pour indexer du contenu sans l’autorisation de SPIE, sont interdites. SPIE se réserve le droit de suspendre l’accès d’une adresse IP ou d’une plage d’adresses en cas de détection d’une violation du Contrat par une ou des personnes associées aux adresses IP incriminées. 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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR You understand that devices used to access the Sensi app or alerts may rely on wireless networks such as, but not limited to, 4G LTE, CDMA, GSM (“Wireless Networks”) and that actual signal availability may depend on a combination of the third party wireless network carriers and availability of and actions of roaming partners, and that factors outside of Xxxxxxx’x control, such as weather, buildings, topography, usage, or maintenance activities of wireless network providers may limit or interrupt the Software or alerts. Emerson is not responsible for interruption or limitation of the Sensi mobile application related to issues with Wireless Networks. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE LIMITED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 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MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO EMERSON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESSOFTWARE, LOST PROFITS, LOSS OF BUSINESSTHAT THE FUNCTIONS CONTAINED IN, OR ANY INDIRECTSERVICES PERFORMED OR PROVIDED BY, SPECIALTHE SOFTWARE WILL MEET YOUR REQUIREMENTS, CONSEQUENTIAL THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR PUNITIVE DAMAGES OF ANY NATUREERROR-FREE, OR ANY PRODUCTS LIABILITYTHAT DEFECTS IN SOFTWARE WILL BE CORRECTED. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMERSON OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, NEITHER PARTY YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. If you are using the Software on an Apple iOS device, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you, but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Xxxxxxx’x sole responsibility. To the maximum extent permitted by applicable law, in no event shall Xxxxxxx’x total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty ($50) dollars. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Certain jurisdictions do not allow the exclusion or limitation of certain damages. 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Product Claims You acknowledge and agree that Emerson, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT and not Apple (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISEif you downloaded the Software to an Apple iOS device) or Google (if you downloaded the Software to a device with the Android operating system), COST OF COVERis responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of that Software, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSincluding, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEbut not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 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Disclaimer of Warranties; Limitation of Liability. 5.1 EXCEPT FOR THE LIMITED WARRANTY WARRANTIES EXPRESSED IN SECTION 2THIS AGREEMENT, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURESELLER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. 5.2 THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE TRADEMARKS IMPLIED WARRANTIES OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES CONDITIONS OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAIA SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, THE COMPANY UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL UNDER BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCTS. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO CIRCUMSTANCES HAVE ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. 5.3 SELLER’S AND YOUR MAXIMUM LIABILITY TO THE PURCHASER OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR ANY THIRD PARTIES SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR SELLER IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR LOST REVENUESPROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOSS OF BUSINESSLOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITYSPECIAL DAMAGES. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENTHOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE), COST OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF COVERLIMITATION, EXCLUSION OR ANY RESTRICTION UNDER APPLICABLE LAW. 5.4 THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER PECUNIARY LOSS ARISING OUT RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE USE OF ABOVE LIMITATIONS OR INABILITY EXCLUSIONS MAY NOT APPLY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEYOU.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF 9.1 NEITHER AXXXX NOR QUICK-MED SHALL UNDER ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE TO EACH OTHER OR THEIR RESPECTIVE AFFILIATES FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR INCLUDING, BUT NOT LIMITED TO, LOSS OF PRODUCTION TIME, PROFITS, REVENUE, OR BUSINESS, PROFITS ) RESULTING FROM OR INVESTMENTIN ANY WAY RELATED TO THIS AGREEMENT, OR THE LIKE)TERMINATION OF THIS AGREEMENT, IN ANY WAY OR ARISING OUT OF OR AS A RESULT ALLEGED TO HAVE ARISEN OUT OF SELLING APPLES AS LISTED (I) BREACH OF THIS AGREEMENT OR (II) THE FAILURE BY EITHER PARTY TO DEVELOP ANY PRODUCTS OR PROCESSES IN EXHIBIT A, ACCORDANCE WITH THE TRADEMARKS, OR JOINT DEVELOPMENT PROGRAM. THIS AGREEMENT, LIMITATION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT LEGAL THEORY. 9.2 AXXXX ACKNOWLEDGES THAT THE DEVELOPMENT ACTIVITIES ARE EXPERIMENTAL IN NATURE AND THAT QUICK-MED MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO QUICK-MED ANTIMICROBIAL TECHNOLOGY, OR ANY DATA, PRODUCTS OR OTHER RESULTS OF THE USE DEVELOPMENT ACTIVITIES HEREUNDER. 9.3 QUICK-MED ACKNOWLEDGES THAT THE DEVELOPMENT ACTIVITIES ARE EXPERIMENTAL IN NATURE AND THAT AXXXX MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR INABILITY FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO USE THE VERIFIED PRODUCTSAVERY ADHESIVE TECHNOLOGY, EVEN IF IT HAS BEEN ADVISED OR ANY DATA, PRODUCTS OR OTHER RESULTS OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEDEVELOPMENT ACTIVITIES HEREUNDER.

Disclaimer of Warranties; Limitation of Liability. (a) The EPCO Services shall be provided in accordance with the Services Standard. EXCEPT FOR AS SET FORTH IN THE LIMITED WARRANTY IN SECTION 2PRECEDING SENTENCE, MAIA THE EPCO GROUP MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES, CONDITIONS OR REPRESENTATIONS OR WARRANTIES OF ANY NATUREWHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE EPCO SERVICES, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER THE EPCO GROUP KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN CONNECTION WITH THIS AGREEMENTFACT AWARE OF ANY SUCH PURPOSE) WHETHER ALLEGED TO ARISE BY LAW, BUT REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE MLP GROUP, IF THE THIRD-PARTY PROVIDER OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO THE MLP GROUP, THE TRADEMARKS GENERAL PARTNER IS ENTITLED TO CAUSE THE EPCO GROUP TO RELY ON AND TO ENFORCE SUCH WARRANTY. (b) IN NO EVENT SHALL THE EPCO GROUP OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY EPCO SERVICES OR TO ANY OTHER MATTERPERSON FOR ANY EXEMPLARY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF MERCHANTABILITYSUCH SERVICE, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES, OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESEXTENT SUCH EXEMPLARY, LOST PROFITSPUNITIVE, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIAL OR PUNITIVE SPECIAL DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER ARE PAID BY THE PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF INCURRING SUCH DAMAGES AND EVEN IF TO A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSETHIRD PARTY.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED DEVELOPER TOOLS ARE PROVIDED "AS IS" WITHOUT WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREKIND. DYNATRACE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR AND IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNATRACE SHALL CREATE ANY LIABILITY WARRANTY. DYNATRACE MAKES NO WARRANTY OR REPRESENTATION THAT THE DEVELOPER TOOLS OR THE DEVELOPER ENVIRONMENT WILL: (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS THAT OUR DEVELOPER TOOLS OR THE DEVELOPER ENVIRONMENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. SOME PLACES DON'T ALLOW THE DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU. TO THE PURCHASER FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DYNATRACE OR ANY THIRD PARTIES FOR LOST REVENUESITS OFFICERS, LOST PROFITSDIRECTORS, LOSS OF BUSINESSEMPLOYEES, AGENTS, SUBSIDIARIES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, INCIDENTALPUNITIVE OR CONSEQUENTIAL DAMAGES, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSPROFITS, PROFITS REVENUE, DATA OR INVESTMENTDATA USE, INCURRED BY YOU OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENTTHIRD PARTY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY IN AN ACTION IN CONTRACT OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSTORT, EVEN IF IT DYNATRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. DYNATRACE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). SOME PLACES DON'T ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.

Disclaimer of Warranties; Limitation of Liability. CUSTOMER AGREES THAT THE MONITORING SERVICES ARE LICENSED AND EQUIPMENT IS LEASED FROM MCKINNEY ON AN “AS IS” BASIS AND THAT THE SAME ARE SUITABLE FOR CUSTOMER’S PURPOSES, AND THAT EXCEPT FOR AS MAY OTHERWISE BE SPECIFICALLY PROVIDED HEREIN OR IN THE LIMITED LEASE, XXXXXXXX HAS MADE NO REPRESENTATION OR WARRANTY IN SECTION 2AS TO ANY MATTER WHATSOEVER. XXXXXXXX DISCLAIMS, MAIA MAKES NO REPRESENTATIONS AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES WITH RESPECT TO THE MONITORING SERVICES AND EQUIPMENT INCLUDING, WITHOUT LIMITATION, ALL EXPRESSED OR IMPLIED WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CAPACITY, OR WORKMANSHIP, ALL EXPRESSED OR IMPLIED WARRANTIES AGAINST PATENT INFRINGEMENTS OR DEFECTS, WHETHER HIDDEN OR APPARENT, AND ALL EXPRESSED OR IMPLIED WARRANTIES WITH RESPECT TO COMPLIANCE OF THE MONITORING SERVICES OR EQUIPMENT WITH APPLICABLE LAW, SPECIFICATION, OR CONTRACT RELATIVE THERETO. MAIA WILL XXXXXXXX SHALL NOT BE LIABLE (INCLUDING, WITHOUT LIMITATION, UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR THEORY IN TORTS) FOR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESSUSE, REVENUE, ANTICIPATED PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ACONNECTION WITH THE LEASE OR THE USE, THE TRADEMARKSPERFORMANCE, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT MAINTENANCE OF THE USE OF EQUIPMENT OR INABILITY TO USE THE VERIFIED PRODUCTSMONITORING SERVICES, EVEN IF IT HAS BEEN ADVISED XXXXXXXX HAD KNOWLEDGE THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER WAIVES ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE POSSIBILITY UNIFORM COMMERCIAL CODE (INCLUDING, WITHOUT LIMITATION, CUSTOMER’S RIGHTS, CLAIMS, AND DEFENSES UNDER ARTICLE 2A OF SUCH DAMAGES THE UNIFORM COMMERCIAL CODE, SECTIONS 401, 402, 508-522) AND EVEN IF A REMEDY SET FORTH IS FOUND ANY RIGHTS NOW OR HEREAFTER CONFERRED BY STATUTE OR OTHERWISE THAT MAY LIMIT OR XXXXXX XXXXXXXX’X RIGHTS AS DESCRIBED IN THE LEASE. IN NO EVENT XXXX XXXXXXXX’X TOTAL LIABILITY TO HAVE FAILED ITS ESSENTIAL PURPOSECUSTOMER EXCEED THREE (3) MONTHS OF USE CHARGES PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA (a) RITESCREEN MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY NATUREPARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED HEREIN AND NONE SHALL BE IMPLIED. (b) RITESCREEN SHALL IN CONNECTION WITH THIS AGREEMENTNO EVENT BE LIABLE, THE TRADEMARKS WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ON ANY OTHER MATTERBASIS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITYFOR CONSEQUENTIAL, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESINCIDENTAL, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL TREBLE OR PUNITIVE DAMAGES OF ANY NATUREKIND, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, INDEBTEDNESS, LOSS OF FINANCING, LOSS OF REVENUES OR PROFITS, OR BUSINESS INTERRUPTION, DISCONTINUATION, OR TERMINATION SUSTAINED BY BUYER, OR BY ANY PERSON DEALING WITH BUYER, IN CONNECTION WITH THE PRODUCTS, AND BUYER SPECIFICALLY WAIVES ANY SUCH CLAIMS OR CAUSES OF ACTION BUYER MAY PURPORT TO HAVE. RITESCREEN’ LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON ANY EXPRESS WARRANTY CONTAINED HEREIN AND CLAIMS BASED UPON ANY WARRANTY IMPLIED BY LAW), SHALL BE LIMITED, AT RITESCREEN’ OPTION, TO REPLACEMENT OR REPAIR OF THE PRODUCTS OR THE LIKE)RETURN TO BUYER OF THE PRICE PAID, IN AND BUYER EXPRESSLY WAIVES ANY WAY ARISING OUT RIGHT IT MIGHT HAVE TO ANY OTHER MEASURE OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT ADAMAGES, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY STATUTORY OR OTHERWISE). (c) All warranty disclaimers contained herein are intended to comply with applicable law and shall be enforced to the fullest extent possible under applicable law. To the extent that any warranty disclaimer herein is deemed invalid under any law which may be applied, COST OF COVERany such warranties that are not disclaimed, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSwhether express or implied, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEshall be limited in duration to a period of six (6) months after delivery by Ritescreen in accordance with these terms and conditions. (d) The warranties set forth herein are made only to Buyer and shall not be assigned or inure to the benefit of any assignee or successor in interest of Buyer. (e) Any action for breach of the Purchase Order or for breach of any warranty, express or implied, of Ritescreen shall be commenced within one (1) year from the date of the delivery of the Products; provided that any action for a breach of the product warranty expressly provided in Section 11 shall be commenced in accordance with the warranty provisions.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 2.1 THE LIMITED WARRANTY IN SECTION 2EQUIPMENT WILL BE CONVEYED TO TRANSFEREE AS IS AND WHERE IS AND “WITH ALL FAULTS, MAIA DEFECTS AND ERRORS. TRANSFEROR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, WHETHER OF TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE EQUIPMENT. TRANSFEROR WILL NOT HAVE ANY LIABILITY FOR ANY ERROR OR DEFECT IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS EQUIPMENT OR ANY OTHER MATTERINABILITY OF TRANSFEREE TO USE THE EQUIPMENT. TRANSFEROR DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE EQUIPMENT INCLUDING, WITHOUT LIMITATION ALL WARRANTIES LIMITATION, ANY WARRANTY AS TO THE ACCURACY OF MERCHANTABILITYEQUIPMENT SPECIFICATIONS, TITLE OPERABILITY, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA PURPOSE AND NO CLAIM FOR ANY ALLOWANCE UPON ANY OF THE ABOVE GROUNDS WILL BE CONSIDERED AFTER OWNERSHIP OF THE EQUIPMENT IS TRANSFERRED TO TRANSFEREE PURSUANT TO THIS AGREEMENT. 2.2 UNDER NO CIRCUMSTANCES WILL TRANSFEROR HAVE ANY LIABILITY TO THE PURCHASER LIABILITY, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE OTHERWISE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY SUSTAINED BY TRANSFEREE ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, RELATED TO THIS AGREEMENT OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF FROM THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSEQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IT TRANSFEROR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEDAMAGES.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 2THIS AGREEMENT, MAIA MAKES OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS OR ANY OTHER MATTERAIRCRAFT, INCLUDING WITHOUT LIMITATION ALL WARRANTIES ANY WITH RESPECT TO ITS DESIGN, CONDITION, QUALITY OF MATERIALS AND WORKMANSHIP, MERCHANTABILITY, TITLE AND FITNESS FOR A ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. MAIA WILL EACH PARTY AGREES THAT (A) THE PROCEEDS OF INSURANCE TO WHICH IT IS ENTITLED, AND (B) ITS RIGHT TO DIRECT DAMAGES ARISING IN CONTRACT FROM A MATERIAL BREACH OF THE OTHER PARTY’S OBLIGATIONS UNDER THIS AGREEMENT ARE THE SOLE REMEDIES FOR ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. EXCEPT AS SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR OR HAVE ANY LIABILITY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE PURCHASER OR OTHER PARTY FOR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY CLAIMED INDIRECT, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATUREDAMAGES, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING CONSISTING OF DAMAGES FOR LOSS OF BUSINESS, PROFITS USE OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT DEPRECIATION OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT VALUE OF THE USE AIRCRAFT, LOSS OF PROFIT OR INABILITY INSURANCE DEDUCTIBLE. OPERATOR SHALL NOT BE LIABLE TO USE LESSEE FOR DELAY OR FAILURE TO PROVIDE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AIRCRAFT AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEFLIGHT CREW FOR ANY FLIGHTS. This Section 14 shall survive termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 4.1 THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATUREKIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MAIA THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL UNDER BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. THE APA MAKES NO CIRCUMSTANCES HAVE WARRANTY REGARDING THE LOSS OF AUTHORIZED USERS’ INFORMATION OR ACADEMIC WRITER CONTENT. AUTHORIZED USERS BEAR THE ENTIRE RISK FROM USING THE LICENSED MATERIALS. LICENSEE AGREES THAT AUTHORIZED USERS ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY LIABILITY DATA THEY PROVIDE TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESAPA. 4.2 Although care has been used in the accuracy, LOST PROFITScompleteness, LOSS OF BUSINESSor functioning of the Licensed Materials, OR ANY INDIRECTthe APA assumes no responsibility for the Licensee's, SPECIALMember Sites’ or Authorized Users’ use thereof and shall not be liable for loss of profits, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATUREloss of use, OR ANY PRODUCTS LIABILITYor incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 4.3 In no event may the Licensee, its Member Sites or Authorized Users bring any action arising out of the Agreement more than three (3) years after the claim or cause of action arises. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2The APA shall in no event be liable for more than the License Fees paid by Licensee and/or its Member Sites under this License Agreement (whether in contract or in tort, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKEincluding negligence and strict liability), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES YOU HEREBY ACKNOWLEDGE AND AGREE THAT SBMG (INCLUDING OWNERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF SBMG) HAS NOT MADE ANY NATUREOTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SBMG ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN CONNECTION WITH THIS AGREEMENTWRITING. SBMG DISCLAIMS, THE TRADEMARKS AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESSED OR ANY OTHER MATTERIMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. MAIA WITHOUT LIMITING THE FOREGOING, SBMG HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT YOUR USE OF OUR SERVICES WILL UNDER NO CIRCUMSTANCES HAVE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THE QUALITY OF ANY LIABILITY SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PURCHASER MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT SBMG IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE, OR LISTING THIRD PARTY INFORMATION, ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF ANY KIND. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SBMG OR ANY THIRD PARTIES FOR LOST REVENUESOF ITS OWNERS, LOST PROFITSMEMBERS, LOSS OF BUSINESSMANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVEREXEMPLARY DAMAGES, OR ANY OTHER PECUNIARY LOSS DAMAGES WHATSOEVER, ARISING OUT OF FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSWEBSITE OR THE CONTENT, EVEN MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF IT HAS BEEN SBMG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. SBMG MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICES OFFERED THROUGH THE WEBSITE IS APPLICABLE AND EVEN APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SBMG'S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF A REMEDY SET FORTH IS FOUND ANY, BY YOU TO HAVE FAILED ITS ESSENTIAL PURPOSESBMG FOR THE SERVICES.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES EXPRESSED IN SECTION 2THIS AGREEMENT, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREPROBE-TEC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. MAIA WILL UNDER NO CIRCUMSTANCES HAVE THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. PROBE-TEC’S AND YOUR MAXIMUM LIABILITY TO THE PURCHASER OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR ANY THIRD PARTIES SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR PROBE-TEC IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR LOST REVENUESPROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOSS OF BUSINESSLOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR ANY INDIRECTSPECIAL DAMAGES, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENTHOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT STRICT LIABILITY OR OTHERWISE), COST OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF COVERLIMITATION, EXCLUSION OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSRESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.YOU

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR a. MOBIBLOCKS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE LIMITED WARRANTY IN SECTION 2PLATFORM AND SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE, MAIA MAKES TIMELY, SECURE OR UNINTERRUPTED. NO REPRESENTATIONS ORAL ADVICE OR WARRANTIES OF WRITTEN INFORMATION GIVEN BY MOBIBLOCKS, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY CUSTOMER RELY ON ANY NATURE, EXPRESS SUCH INFORMATION OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL ADVICE. b. UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER WILL MOBIBLOCKS OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A THAT RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF FROM THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSPLATFORM AND SERVICES, EVEN IF IT HAS BEEN ADVISED INCLUDING, BUT NOT LIMITED TO, RELIANCE ON ANY INFORMATION OBTAINED ON THE THE PLATFORM OR SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOBIBLOCKS’S RECORDS, PROGRAMS OR SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT MOBIBLOCKS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND THAT THIS PROVISION WILL APPLY TO HAVE FAILED ALL SERVICES AVAILABLE FROM MOBIBLOCKS AND ITS ESSENTIAL PURPOSEAFFILIATES. c. UNDER NO CIRCUMSTANCES SHALL MOBIBLOCKS BE LIABLE FOR DAMAGES BASED ON LOSS OF BUSINESS, OR LOSS OF PROFITS, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, PRODUCT LIABILITY, OR OTHERWISE, TO ANY PARTY IN PRIVITY TO THIS AGREEMENT, OR ANY THIRD PARTY. d. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON, WHETHER BY MOBIBLOCKS OR BY CUSTOMER.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TECH LADIES HEREBY DISCLAIMS ALL WARRANTIES, MAIA MAKES NO CONDITIONS, OR REPRESENTATIONS OR WARRANTIES OF ANY NATURE, (EXPRESS OR IMPLIED, IN CONNECTION ORAL OR WRITTEN) WITH THIS AGREEMENT, RESPECT TO THE TRADEMARKS SERVICES OR ANY OTHER MATTERFEATURES RELATED THERETO, INCLUDING WITHOUT LIMITATION ALL ANY WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OR COMPLETENESS OF DATA, AND WARRANTIES ARISING FROM A COURSE OF DEALING. MAIA WILL UNDER NO CIRCUMSTANCES HAVE CLIENT EXPRESSLY AGREES THAT TECH LADIES SHALL NOT BE HELD LIABLE FOR ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS CONDUCT OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITYA CANDIDATE. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (DAMAGES, INCLUDING DAMAGES FOR WITHOUT LIMITATION LOST PROFITS, LOST INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INVESTMENTINFORMATION, OR THE LIKE), IN ANY WAY ARISING OUT OF CLAIM OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENTDEMAND BY ANY THIRD PARTY, WHETHER BASED ON BREACH OF IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVERTORT, OR ANY OTHER PECUNIARY LOSS ARISING OUT THEORY, REGARDLESS OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANY OF THE FOREGOING. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS OR BREACH OF THE C2C DPA, EACH PARTY’S LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED TEN THOUSAND DOLLARS. THE FOREGOING LIMITATIONS ON LIABILITY ARE INDEPENDENT OF, AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE, OR ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND.

Disclaimer of Warranties; Limitation of Liability. 9.1 EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH IN SECTION 2THIS AGREEMENT, MAIA BLINKSKY MAKES NO REPRESENTATIONS REPRESEN- TATIONS OR WARRANTIES OF ANY NATUREWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTTO MERCHANT, THE TRADEMARKS ANY THIRD-PARTY CONTRACTORS OF MERCHANT, OR TO ANY OTHER MATTERPARTY, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ALL LIMITATION, ANY WARRANTIES OF TITLE, OR MERCHANTABILITY, TITLE AND SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT AS TO ALL BLINKSKY SERVICES, TRANSAC- TIONS, TERMINALS, AND THE PREPAID, STORED VALUE PRODUCTS AND SERVICES. MAIA THE BLINKSKY TECH- NOLOGY (INCLUDING WITHOUT LIMITATION, THE BLINKSKY API’S) IS PROVIDED “AS-IS” ON AN “AS AVAIL- ABLE” BASIS. BLINKSKY MAKES NO WARRANTIES THAT BLINKSKY WILL PROVIDE ERROR-FREE OR UNIN- TERRUPTED OPERATION OF THE BLINKSKY TECHNOLOGY. 9.2 NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, BLINKSKY SHALL NOT BE LIABLE TO MERCHANT FOR ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUEN- TIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOSS OF INCOME, REVENUE, OR PROFITS OR FOR LOSS OF GOODWILL) ARISING FROM OR RELATED TO THIS AGREEMENT. UNLESS OTHERWISE EXPRESSLY INDICATED, NONE OF THE UNDERLYING PRODUCTS ARE PROVIDED BY BLINKSKY UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY SHALL BLINKSKY BE LIABLE TO THE PURCHASER MERCHANT OR ANY THIRD PARTIES OTHER PERSON OR ENTITY FOR LOST REVENUESANY LOSS, LOST PROFITSINJURY OR DAMAGE, LOSS OF BUSINESS, WHATEVER KIND OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, RESULTING FROM OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING DELAYS ARIS- ING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR USE OF ANY PRODUCT OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSESER- VICES.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR TO THE LIMITED WARRANTY FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIVIDUALS WHO PARTICIPATE IN SECTION 2THE OFFER AGREE THAT ANY TICKETS RECEIVED ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, MAIA MAKES NO REPRESENTATIONS REPRESENTATION, OR WARRANTIES OF ANY NATUREGUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTFACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE TRADEMARKS USE OR ANY OTHER MATTERENJOYMENT OF THE TICKETS, INCLUDING INCLUDING, WITHOUT LIMITATION ALL WARRANTIES OF LIMITATION, ITS QUALITY, MERCHANTABILITY, TITLE AND OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE PURCHASER EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF THE OFFER ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THIRD PARTIES FOR LOST REVENUESDIRECT, LOST PROFITSINDIRECT, LOSS OF BUSINESSINCIDENTAL, OR ANY INDIRECTCONSEQUENTIAL, SPECIAL, CONSEQUENTIAL ECONOMIC, EXEMPLARY, PUNITIVE OR PUNITIVE OTHER DAMAGES OF UNDER ANY NATURECONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY OTHER THEORY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED RELATING IN EXHIBIT AANY WAY, THE TRADEMARKSDIRECTLY OR INDIRECTLY, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT TO REDEMPTION OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSOFFER, EVEN IF IT HAS FORESEEABLE OR EVEN IF THE OFFER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEDAMAGES.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR TO THE LIMITED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE MAINTENANCE (INCLUDING ANY SOFTWARE, SOFTWARE UPDATE, SOFTWARE UPGRADE OR DOCUMENTATION) IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREKIND; AND, EXPRESS OR METAGEEK HEREBY DIS- CLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, IN CONNECTION WITH THIS AGREEMENTSTATUTORY OR OTHERWISE, THE TRADEMARKS OR INCLUDING, WITHOUT LIMITATION, ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES WARRANTY OF MERCHANTABILITY, TITLE AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PAR- TICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFOR- XXXXX, COURSE OF DEALING OR USAGE OF TRADE. MAIA NOT LIMITING THE FOREGOING, METAGEEK DOES NOT WARRANT THAT THE SOFTWARE MAINTENANCE WILL UNDER MEET YOUR NEEDS OR EXPECTATIONS OR THAT THE USE OF THE SOFTWARE MAINTENANCE WILL BE ERROR FREE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCES EVENT WILL METAGEEK HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES LI- ABILITY FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2INCLUDING LOSS OF DATA, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTALLOST PROFITS, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS COST OF BUSINESSCOVER, PROFITS OR INVESTMENT, OR THE LIKE), IN HOWEVER CAUSED AND ON ANY WAY ARISING OUT THEORY OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENTLIABILITY, WHETHER BASED ON FOR BREACH OF WARRANTY OR CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVEROR OTH- ERWISE, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY RELATED TO USE THE VERIFIED PRODUCTSTHIS AGREEMENT, EVEN IF IT METAGEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES, AND EVEN IF A NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IS FOUND STATED HEREIN. IN NO EVENT WILL METAGEEK’S TOTAL AND CUMULATIVE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO HAVE FAILED ITS ESSENTIAL PURPOSEMETAGEEK UNDER THE ORDER. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED COMPANY PROVIDES HOSTING SERVICES AS IS AND WITH ALL RISKS. YOU EXPRESSLY AGREE THAT USE OF THE COMPANY'S HOSTING SERVICES IS AT YOUR SOLE RISK. THE COMPANY, ITS AGENTS, AFFILIATES, VENDORS AND THE LIKE DO NOT REPRESENT OR WARRANT THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE; NEITHER DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOSTING SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN SECTION 2OR PROVIDED THROUGH THE HOSTING SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, MAIA MAKES NO REPRESENTATIONS OR INCLUDING THE WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ALL WARRANTIES NOT EXPRESSLY CONTAINED IN THIS AGREEMENT. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY YOU AND THE COMPANY AGREE THAT THE TERMS OF THIS AGREEMENT SHALL NOT BE ALTERED DUE TO CUSTOM OR USAGE OR DUE TO THE PURCHASER PARTIES' COURSE OF DEALING OR ANY THIRD PARTIES FOR LOST REVENUESCOURSE OF PERFORMANCE UNDER THIS AGREEMENT. IN NO EVENT SHALL THE COMPANY, LOST PROFITSITS AGENTS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AFFILIATES AND 9.2, NEITHER PARTY SHALL VENDORS BE LIABLE FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, INCIDENTALPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSPROGRAMS OR INFORMATION, PROFITS OR INVESTMENT, OR AND THE LIKE), IN ANY WAY ARISING OUT OF OR AS A THAT RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE FROM YOUR USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSHOSTING SERVICES, EVEN IF IT WHETHER FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR FOR ANY FAILURE OF PERFORMANCE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEIR POSSIBILITY, OR WHETHER THE ABOVE EVENTS ARE LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR THE HOSTING SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT THE COMPANY'S TOTAL LIABILITY AND EVEN IF A YOUR SOLE REMEDY SET FORTH FOR ANY NON- ACCESSIBILITY TO THE HOSTING SERVICES OR OTHER DOWNTIME IS FOUND LIMITED TO HAVE FAILED ITS ESSENTIAL PURPOSETHE REMEDIES LISTED IN THE SHARED WEB HOSTING SERVICE LEVEL AGREEMENT. HOWEVER, IN NO EVENT SHALL THE COMPANY'S LIABILITY, INCLUDING ALL FEES, ATTORNEY FEES, AND COSTS, EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE AGREEMENT TERM. THE COMPANY WILL EXERCISE NO CONTROL OVER THE CONTENT OF THE INFORMATION PASSING THROUGH THE COMPANY'S NETWORK EXCEPT THOSE CONTROLS EXPRESSLY PROVIDED HEREIN.

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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED HEREIN, XXXX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. THIS LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR WARRANTIES OF ANY NATURECONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, BUT NOT LIMITED TO, THE TRADEMARKS IMPLIED WARRANTIES OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES CONDITIONS OF MERCHANTABILITY, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAIA SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, XXXX UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCTS. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY XXXX ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. IT IS UNDERSTOOD AND AGREED THAT XXXX’X LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL XXXX BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF BUSINESSEQUIPMENT, LOST PROFITS OR INVESTMENTREVENUE, OR THE LIKE), IN ANY WAY ARISING OUT COSTS OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY RENTING REPLACEMENTS AND OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSADDITIONAL EXPENSES, EVEN IF IT XXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING SELLER’S LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. XXXX WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE, WHETHER DEEMED ACTIVE OR PASSIVE AND EVEN IF A REMEDY SET FORTH WHETHER OR NOT ANY SUCH NEGLIGENCE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSETHE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.

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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,MSNOVATION SHALL NOT HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE LIMITED WARRANTY IN SECTION 2INFORMATION CONTAINED WITHIN THIS WEB SITE, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES ANY LIABILITY FOR DAMAGES OF ANY NATUREKIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. MSNOVATION SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS IMPLIED BY STATUTE OR ANY OTHER MATTEROTHERWISE, INCLUDING WITHOUT LIMITATION ALL LIMITATIONS WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. MAIA WILL UNDER IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. 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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 4.1 THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATUREKIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‐INFRINGEMENT. MAIA THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL UNDER BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR‐FREE. THE APA MAKES NO CIRCUMSTANCES HAVE WARRANTY REGARDING THE LOSS OF AUTHORIZED USERS’ INFORMATION OR ACADEMIC WRITER CONTENT. AUTHORIZED USERS BEAR THE ENTIRE RISK FROM USING THE LICENSED MATERIALS. LICENSEE AGREES THAT AUTHORIZED USERS ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY LIABILITY DATA THEY PROVIDE TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESAPA. 4.2 Although care has been used in the accuracy, LOST PROFITScompleteness, LOSS OF BUSINESSor functioning of the Licensed Materials, OR ANY INDIRECTthe APA assumes no responsibility for the Licensee's, SPECIALMember Sites’ or Authorized Users’ use thereof and shall not be liable for loss of profits, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATUREloss of use, OR ANY PRODUCTS LIABILITYor incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 4.3 In no event may the Licensee, its Member Sites or Authorized Users bring any action arising out of the Agreement more than three (3) years after the claim or cause of action arises. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2The APA shall in no event be liable for more than the License Fees paid by Licensee and/or its Member Sites under this License Agreement (whether in contract or in tort, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKEincluding negligence and strict liability), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 6.1 AS USED HEREIN THE LIMITED WARRANTY IN SECTION 2PHRASE “BLOCKMARK” MEANS BLOCKMARK TECHNOLOGIES LIMITED, MAIA MAKES NO REPRESENTATIONS OR ITS DIRECT AND INDIRECT PRESENT AND FUTURE PARENT, SUBSIDIARY AND AFFILIATE ENTITIES AND THEIR RESPECTIVE VENDORS AND LICENSORS. 6.2 ALL PURCHASED NFTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY NATUREKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLOCKMARK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, THE TRADEMARKS OR ANY OTHER MATTERBUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BLOCKMARK BE LIABLE TO YOU FOR ANY THIRD PARTIES FOR LOST REVENUESPERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF BUSINESSDATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY INDIRECTFORM OF DIRECT OR INDIRECT DAMAGES, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, AND/OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT PURCHASED FROM US INCLUDING BUT NOT LIMITED TO THE PURCHASED NFTS, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE PURCHASE, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, METAMASK OR OTHER DIGITAL WALLET. 6.3 YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, BREACH OF WARRANTYTORTIOUS BEHAVIOUR, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR FALL UNDER ANY OTHER PECUNIARY LOSS ARISING OUT CAUSE OF ACTION, REGARDLESS OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF IT A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR DAMAGE AND EVEN IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOCKMARK’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED 10% OF THE TOTAL SUM PAID DIRECTLY BY YOU TO BLOCKMARK FOR THE APPLICABLE PURCHASED NFTS. IF A REMEDY SET FORTH APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT BLOCKMARK HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS FOUND DUE TO HAVE FAILED ITS ESSENTIAL PURPOSEBLOCKMARK’S GROSS NEGLIGENCE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR 4.1 THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATUREKIND WITH RESPECT TO THE LICENSED MATERIALS, EXCEPT AS MAY BE EXPLICITLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MAIA THE APA MAKES NO WARRANTY THAT ACCESS TO LICENSED MATERIALS WILL UNDER BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. THE APA MAKES NO CIRCUMSTANCES HAVE WARRANTY REGARDING THE LOSS OF AUTHORIZED USERS’ INFORMATION OR CONTENT. AUTHORIZED USERS BEAR THE ENTIRE RISK FROM USING THE LICENSED MATERIALS. LICENSEE AGREES THAT AUTHORIZED USERS ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY LIABILITY DATA THEY PROVIDE TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESAPA. 4.2 Although care has been used in the accuracy, LOST PROFITScompleteness, LOSS OF BUSINESSor functioning of the Licensed Materials, OR ANY INDIRECTthe APA assumes no responsibility for the Licensee's or Authorized Users’ use thereof and shall not be liable for loss of profits, SPECIALloss of use, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATUREor incidental, OR ANY PRODUCTS LIABILITYconsequential, or exemplary damages as a result of such use, even if aware of the possibility thereof. 4.3 In no event may the Licensee or Authorized Users bring any action arising out of the Agreement more than three (3) years after the claim or cause of action arises. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2The APA shall in no event be liable for more than the fees paid by Licensee under this License Agreement (whether in contract or in tort, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKEincluding negligence and strict liability), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

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Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR AS PROVIDED HEREIN, THE LIMITED KUBIENT AD ENGINE, INCLUDING ANY ACCOMPANYING MANUALS AND OTHER MATERIALS, AND THE SERVICES, ARE PROVIDED BY KUBIENT “AS IS,” WITHOUT WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTERKIND, INCLUDING WITHOUT LIMITATION ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESSTITLE, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL WARRANTY THAT THE KUBIENT AD ENGINE WILL BE ERROR-FREE OR PUNITIVE DAMAGES OF ANY NATUREOPERATE WITHOUT INTERRUPTION, OR THAT THE KUBIENT AD ENGINE WILL MEET SPHERE’S REQUIREMENTS, AND ANY PRODUCTS LIABILITYWARRANTIES IMPLIED BY LAW, BY THE COURSE OF DEALING BETWEEN THE PARTIES, OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT FOR EACH WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2OBLIGATIONS, NEITHER IN NO EVENT SHALL EITHER PARTY SHALL BE LIABLE FOR ANY INDIRECTSPECIAL, PUNITIVE, SPECIALINDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, PROFITS LOSS OF OR INVESTMENTCORRUPTION TO DATA, OR LOST PROFITS (EVEN IF A PARTY WAS ADVISED OF THE LIKEPOSSIBLITY OF ANY OF THE FOREGOING), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY BY KUBIENT OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEBY SPHERE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT (MyPatientRecord) SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. (MyPatientRecord) DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE LIMITED WARRANTY SERVICE IN SECTION 2ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (MyPatientRecord) AND ITS AFFILIATES, MAIA MAKES NO REPRESENTATIONS OR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY NATUREKIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAIA IN PARTICULAR, (MyPatientRecord) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL UNDER NO CIRCUMSTANCES HAVE MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. (MyPatientRecord) DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE PURCHASER YOUR DEVICE, COMPUTER, OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESSDATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. (MyPatientRecord) SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) (MyPatientRecord)’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; OR (B) (MyPatientRecord)’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; YOU EXPRESSLY UNDERSTAND AND AGREE THAT (MyPatientRecord) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATUREEXEMPLARY DAMAGES, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2INCLUDING, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECTBUT NOT LIMITED TO, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESSPROFITS, PROFITS OR INVESTMENTGOODWILL, OR THE LIKE)USE, IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE)DATA, COST OF COVERPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, INTANGIBLE LOSSES (EVEN IF IT (MyPatientRecord) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO HAVE FAILED ITS ESSENTIAL PURPOSE.USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF;

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR OUR WEBSITE, MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED WARRANTY IN SECTION 2TO, MAIA MAKES NO REPRESENTATIONS LICENSES OR WARRANTIES OF ANY NATURETITLE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A PARTICULAR PURPOSEMATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE IN RELATION WITH ANY LIABILITY TO THE PURCHASER WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY THIRD PARTIES FOR LOST REVENUESUNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES RESULTING FROM LOST DATA OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF BUSINESS STOPPAGE RESULTING FROM THE USE OF OR INABILITY TO ACCESS AND USE THE VERIFIED PRODUCTSWEBSITE OR THE CONTENT, EVEN IF IT HAS WE HAVE BEEN ADVISED RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES AND EVEN IF THAT YOU MAY SUFFER AS A REMEDY SET FORTH RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS FOUND OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO HAVE FAILED ITS ESSENTIAL PURPOSEDO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR a. MOBILESOFT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE LIMITED WARRANTY IN SECTION 2PLATFORM AND SERVICES PROVIDED HEREUNDER WILL BE ERRORFREE, MAIA MAKES TIMELY, SECURE OR UNINTERRUPTED. NO REPRESENTATIONS ORAL ADVICE OR WARRANTIES OF WRITTEN INFORMATION GIVEN BY MOBILESOFT, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY CUSTOMER RELY ON ANY NATURE, EXPRESS SUCH INFORMATION OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL ADVICE. b. UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER WILL MOBILESOFT OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A THAT RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF FROM THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSPLATFORM AND SERVICES, EVEN IF IT HAS BEEN ADVISED INCLUDING, BUT NOT LIMITED TO, RELIANCE ON ANY INFORMATION OBTAINED ON THE THE PLATFORM OR SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOBILESOFT’S RECORDS, PROGRAMS OR SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT MOBILESOFT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND THAT THIS PROVISION WILL APPLY TO HAVE FAILED ALL SERVICES AVAILABLE FROM MOBILESOFT AND ITS ESSENTIAL PURPOSEAFFILIATES. c. UNDER NO CIRCUMSTANCES SHALL MOBILESOFT BE LIABLE FOR DAMAGES BASED ON LOSS OF BUSINESS, OR LOSS OF PROFITS, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, PRODUCT LIABILITY, OR OTHERWISE, TO ANY PARTY IN PRIVITY TO THIS AGREEMENT, OR ANY THIRD PARTY. d. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON, WHETHER BY MOBILESOFT OR BY CUSTOMER.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREKIND, EXPRESS AND XYLEM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, IN CONNECTION WITH THIS AGREEMENTINCLUDING, BUT NOT LIMITED TO, THE TRADEMARKS IMPLIED WARRANTIES AND/OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES CONDITIONS OF MERCHANTABILITY, TITLE AND OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO XYLEM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUESSOFTWARE, LOST PROFITS, LOSS OF BUSINESSTHAT THE FUNCTIONS CONTAINED IN, OR ANY INDIRECTSERVICES PERFORMED OR PROVIDED BY, SPECIALTHE SOFTWARE WILL MEET YOUR REQUIREMENTS, CONSEQUENTIAL THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR PUNITIVE DAMAGES OF ANY NATUREERROR-FREE, OR ANY PRODUCTS LIABILITYTHAT DEFECTS IN SOFTWARE WILL BE CORRECTED. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XYLEM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR YOU ASSUME THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), ENTIRE COST OF COVERALL NECESSARY SERVICING, REPAIR OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSCORRECTION. If you are using the Software on an Apple iOS device, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEin the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you, but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Xylem’s sole responsibility. In no event shall Xylem’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Disclaimer of Warranties; Limitation of Liability. EXCEPT YOUR USE AND ACCESS OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM THE USE THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FAMILY TELADOC WILL HAVE NO LIABILITY FOR THE SERVICES PROVIDED BY TELADOC, OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY FAMILY TELADOC, TELADOC AND/OR ITS INDEPENDENT ASSOCIATES. IF FAMILY TELADOC WORKS WITH YOU ON ANY PASSWORD OR OTHER ACCESS CONTROL ORIENTED PROBLEMS, FAMILY TELADOC STRONGLY RECOMMENDS THAT YOU RESET SUCH PASSWORDS(S) IMMEDIATELY FOLLOWING THE COMPLETION OF THE SERVICES. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT FAMILY TELADOC DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, DEVICES AND NETWORKS. FAMILY TELADOC IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT, YOUR DATA AND YOUR DEVICES. YOU ACKNOWLEDGE AND AGREE THAT FAMILY TELADOC SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION ABOUT THE SERVICES. THE SERVICES AND THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION KIND. FAMILY TELADOC DISCLAIMS ALL WARRANTIES WITH THIS AGREEMENTRESPECT TO THE SERVICES, THE TRADEMARKS SERVICES PROVIDED BY TELADOC OR THE SERVICES PROVIDED BY INDEPENDENT ASSOCIATES. YOUR USE AND ACCESS TO THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY OTHER MATTERDAMAGES TO YOUR DEVICE, INCLUDING WITHOUT LIMITATION SOFTWARE AND THE LOSS OF YOUR USER PROPERTY THAT RESULTS FROM THE USE OR ACCESS THEREOF. FAMILY TELADOC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED BY FAMILY TELADOC, PARTNER COMPANIES, TELADOC, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. MAIA FAMILY TELADOC DOES NOT WARRANT THAT THE SERVICES WILL UNDER MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT ITS SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT NO CIRCUMSTANCES HAVE ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FAMILY TELADOC SHALL CREATE ANY LIABILITY ADDITIONAL FAMILY TELADOC WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF FAMILY TELADOC’S OBLIGATIONS HEREUNDER. TO THE PURCHASER MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAMILY TELADOC COMPANY OR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AFFILIATES, AGENTS, REPRESENTATIVES, SALES ASSOCIATES, INDEPENDENT ASSOCIATES, SUPPLIERS, RESELLERS, PARTNER COMPANIES, TELADOC, EMPLOYEES, AGENTS, LINKED-TO MERCHANTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTIES PARTY FOR LOST REVENUESANY COST TO PROCURE SUBSTITUTE SERVICES, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF BUSINESSANY SERVICES, OTHER INTANGIBLE LOSSES OR BUSINESS INTERRUPTION, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES, DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL INFORMATION PURCHASED OR PUNITIVE DAMAGES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY NATURETHIRD PARTY; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF FAMILY TELADOC, ITS EMPLOYEES, INDEPENDENT ASSOCIATES, PARTNER COMPANIES, TELADOC, SELF HEALTH OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LINKED-TO MERCHANTS HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (INCLUDING WHETHER SUCH DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), ARISE IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY ) OR OTHERWISE). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, COST THE ENTIRE LIABILITY OF COVERFAMILY TELADOC FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE SERVICE FEES PAID BY YOU TO FAMILY TELADOC IN THE 12 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN FAMILY TELADOC SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND FAMILY TELADOC’S AGREEMENT TO PROVIDE YOU THE SERVICES, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER PECUNIARY LOSS ARISING OUT THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE USE FOREGOING TERMS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FAMILY TELADOC, ITS INDEPENDENT ASSOCIATES, PARTNER COMPANIES OR LINKED-TO MERCHANTS SHALL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEFAMILY TELADOC’S OBLIGATIONS HEREUNDER.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR ALL LICENSED NFTs ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY NATUREKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HOFV PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENTINCLUDING, THE TRADEMARKS OR ANY OTHER MATTERBUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITYNON- INFRINGEMENT, TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE HOFV PARTIES BE LIABLE TO YOU FOR ANY THIRD PARTIES FOR LOST REVENUESPERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF BUSINESSDATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY INDIRECTFORM OF DIRECT OR INDIRECT DAMAGES, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, AND/OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES (BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING DAMAGES FOR LOSS OF BUSINESSBUT NOT LIMITED TO THE LICENSED NFT, PROFITS THE COLLECTION, ANY TECHNOLOGY AND/OR INVESTMENTPARTIES RELATED TO THE COLLECTION, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, METAMASK WALLET AND/OR THE LIKE)FTX APP®, IN ANY WAY ARISING OUT INC. YOU AGREE THAT THIS LIMITATION OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, LIABILITY APPLIES WHETHER BASED ON SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, BREACH OF WARRANTYTORTIOUS BEHAVIOR, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR FALL UNDER ANY OTHER PECUNIARY LOSS ARISING OUT CAUSE OF ACTION, REGARDLESS OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF IT A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR DAMAGE, AND EVEN IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOFV PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO HOFV FOR THE APPLICABLE LICENSED NFT. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF A REMEDY SET FORTH IS FOUND APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO HAVE FAILED ITS ESSENTIAL PURPOSEAPPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND RESIDENTS OF ANY OTHER STATES, TERRITORIES, AND/OR JURISDICTION).

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2URG MAKES NO, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATUREAND HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR INCLUDING BUT NOT LIMITED TO ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY , TITLE, OR NONINFRINGEMENT WITH RESPECT TO THE PURCHASER API, THE PARTS PLATFORM (AND ANY HARDWARE ON WHICH THE API OR PARTS PLATFORM RESIDES OR OPERATES), THEIR AVAILABILITY OR PERFORMANCE OR OPERABILITY OR OF ANY THIRD PARTIES SOFTWARE SUPPORTING THEIR OPERATION,. URG MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANT THAT: (A) THE API MEETS SELLER’S REQUIREMENTS; OR (B) THE OPERATION OF THE API OR PARTS PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT URG CAN OR WILL CORRECT ALL ERRORS. URG WILL NOT BE RESPONSIBLE FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR OR LOSS OF BUSINESS, PROFITS THAT SELLER OR INVESTMENT, SELLER’S PURCHASERS MAY INCUR OR THE LIKE), IN ANY WAY ARISING OUT EXPERIENCE ON ACCOUNT OF ENTERING INTO OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR RELYING UPON THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY IN CONTRACT OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTSIN TORT, EVEN IF IT URG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES. EXCEPT WITH REGARD TO URG’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE MAXIMUM AMOUNT OF URG’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE CUMULATIVE FEES PAID FOR THE 12 CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSEOR CLAIMS HEREUNDER.