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

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESSPIE warrants that it is entitled to grant the licenses granted in this Agreement, EXPRESSED and is authorized to execute this Agreement. XXXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE LICENSED MATERIAL, WITHOUT LIMITATIONINCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. IN NO EVENT SPIE SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE FOR ANY CONSEQUENTIALFOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY OTHER DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE SPIE DIGITAL LIBRARY, SPIE’S PERFORMANCE AND OR NONPERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SPIE OR POWER BRANDS’ SERVICES HEREUNDER THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR AN AGGREGATE AMOUNT IN EXCESS ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR USE OF THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS SERVICE OR LICENSED MATERIALS, OR ANY BREACH OR TERMINATION OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO SPIE FOR THE SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, WHICH SUCH CLAIM, LIABILITY, COST, EXPENSE, LOSS OR LOSSDAMAGE OCCURRED, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINThe 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. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER 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 RESULTS TERMINAL AND PROCEEDS THEREOF "ALL OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE ARE LIMITED TO THOSE PROVIDED IN THE SEPARATE EQUIPMENT WARRANTY. NOTHING IN THE AGREEMENT SHALL BE INTERPRETED AS IS" A WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY TERMINAL OR OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE, AND HEREBY 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 SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA, IF ANY, GUSA EXPRESSLY DISCLAIMS ALL WARRANTIESEXPRESS OR IMPLIED WARRANTIES FOR ANY TERMINAL OR EQUIPMENT USED IN CONNECTION WITH THE GLOBALSTAR SERVICE, EXPRESSED OR IMPLIEDINCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES REGARDING THE CONDITION, INCLUDINGDESIGN, WITHOUT LIMITATIONSPECIFICATIONS, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUCH TERMINAL OR EQUIPMENT, 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 WELL DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE GLOBALSTAR WEBSITE, IS PROVIDED “AS IMPLIED WARRANTIES ARISING 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 COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS STATE TO STATE AND/OR DIRECTORS BE LIABLE FOR 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 CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED IMPLIED WARRANTIES TO THE DURATION OF THE POSSIBILITY THEREOFSEPARATE EQUIPMENT WARRANTY FOR THE APPLICABLE PRODUCT. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS THE TERMS AND DIRECTORS, SHALL NOT CONDITIONS OF ANY SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA OR ANOTHER MANUFACTURER OR SUPPLIER MAY BE LIABLE TO CLIENT FOR UPDATED AT ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED IN ANY WAY ARISING OUT OF OR RELATING TO SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA, THEN THE PERFORMANCE TERMS CONTAINED IN THE SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA SHALL SUPERSEDE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT REPLACE THE TERMS CONTAINED IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT ROCRENTS IS NEITHER THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL MANUFACTURER OF THE EQUIPMENT NOR THE AGENT OF THE MANUFACTURER. ROCRENTS MAKES NO WARRANTIES, EXPRESSED EXPRIESSED OR IMPLIED, INCLUDINGINCLUDING AS TO THE MERCHANTABILTY, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SUITBILITY FOR INTENDED USE, DESIGN, OR WORKMANSHIP OF THE EQUIPMTENT. LESSEE ACKNOWLEDGES THAT, EXCEPT FOR ANY WARRANTY PROVIDED BY THE MANUFACTURER OF THE EQUIPMENT, THE EQUIPMENT IS BEING RENTED TO LESSEE ON AN “AS WELL IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS IMPLIED WARRANTIES ARISING 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 COURSE ROCRENTS. CUTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF, AND RELEASES AND WIAVERS ANY AND ALL RIGHTS THAT IT MAY HAVE AGAINST ROCRENTS FOR, ANY AND ALL LIABILITIES AND DAMAGES, INCLUDING INCIDENTIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE EQUIPMENT, THE OPERATION OR USE OF DEALING THE EQUIPMENT, ANY DEFECT IN OR COURSE FAILURE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEESTHE EQUIPMENT, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE ROCRENTS'S FAILURE TO PRESENT OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF DELIVER THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINEQUIPMENT.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT OR PATENT APPLICATION INCLUDED WITHIN THE LICENSED INTELLECTUAL PROPERTY IS VALID OR ENFORCEABLE OR THAT THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "WILL NOT INFRINGE ANY PATENTS OF THIRD PARTIES. EXCEPT AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL EXPLICITLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF ANY WARRANTY INVENTION(S) OR PRODUCT(S), THAT ARE THE SUBJECT OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF THIS AGREEMENT; OR THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING ANY SUCH INVENTION OR COURSE OF PERFORMANCEPRODUCT. IN NO EVENT EXCEPT FOR ANY BREACH UNDER ARTICLE 9, NEITHER PARTY SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE TO THE OTHER PARTY OR TO ANY OF THE OTHER PARTY’S AFFILIATES FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES SUFFERED BY THE OTHER PARTY OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES ITS AFFILIATES IN RELATION TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, INCLUDING LOST PROFITS)) UNDER ANY CONTRACT, WHETHER NEGLIGENCE, STRICT LIABILITY OR NOT CLIENT OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUCH PARTY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONSUCH LOSS, DAMAGE, CLAIM, LIABILITY, OR COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINEXCEPT TO THE EXTENT IT MAY BE REQUIRED TO INDEMNIFY THE OTHER PARTY.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EQUIPMENT DESCRIBED HEREIN ARE PROVIDED ON AN “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS ALL “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, CENTURYLINK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING WITH RESPECT TO SERVICES OR COURSE OF PERFORMANCEEQUIPMENT HEREIN REFERENCED. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS YOU AGREE THAT CENTURYLINK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGESSPECIAL, COSTS, EXPENSESCONSEQUENTIAL, OR LOSSES PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION, ANY LOSS OF REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES, EVEN IF CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE LIABILITY OF CENTURYLINK FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES OR EQUIPMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS)UNAUTHORIZED OR ERRONEOUS INCLUSION OR EXCLUSION OF LISTING OR DIRECTORY INFORMATION IN A DIRECTORY DATABASE, WHETHER AND/OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSPUBLISHING OR FAILURE TO PUBLISH, ITS EMPLOYEESAS APPLICABLE, OFFICERS AND DIRECTORS, SUCH INFORMATION) SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PERFORMANCE AND CHARGES CENTURYLINK WOULD INVOICE TO YOU FOR AFFECTED SERVICES OR NONPERFORMANCE OF THIS AGREEMENT EQUIPMENT DURING THE PERIOD IN WHICH THE MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINDEFECT OCCURS.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND Section 10 only applies if you are NOT a EU, UK, EEA, or Swiss resident or registered business. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE RESULTS AND PROCEEDS THEREOF "SOFTWARE, INCLUDING ANY CONTENT, ANY MATERIALS, OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF UJAM PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS" ” AND UJAM AND ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, EXPRESSED AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGINCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, THE QUALITY OF THE SOFTWARE OR ANY ASSOCIATED PRODUCTS OR SERVICES, CONTENT PROVIDED BY UJAM, THIRD PARTY CONTENT, TIMELINESS, OR NON-INTERRUPTION. UJAM, ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR OR YOUR BUSINESS, YOUR ACCOUNT, YOUR RELIANCE ON THE SOFTWARE AND SERVICES, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE SOFTWARE, SERVICES, OR THIRD PARTY SERVICES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UJAM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATING TO THIS XXXX, OUR SOFTWARE, OR ANY CONTENT THEREIN, INCLUDING WITHOUT LIMITATION, SOCIAL MEDIA ACCOUNTS, THIRD PARTY CONTENT OR ANY WARRANTY THIRD PARTY SERVICES, EVEN IF INFORMED OF NON-INFRINGEMENT THE POSSIBILITY OF SUCH DAMAGE, AND ANY IMPLIED WARRANTY EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEITS ESSENTIAL PURPOSE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS UJAM BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSESMORE THAN THE AMOUNT PAID BY YOU TO UJAM IN THE 6-MONTHS PRECEDING THE CLAIM, OR LOSSES (INCLUDING€10, WHICHEVER IS GREATER. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE ESSENTIAL TO THIS XXXX AND THAT UJAM WOULD NOT ALLOW ACCESS THE SOFTWARE AND SERVICES, WITHOUT LIMITATION, LOST PROFITS), WHETHER ACCEPTANCE OF THIS XXXX. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR NOT CLIENT HAS BEEN ADVISED RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF UJAM FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSGROSS NEGLIGENCE OF UJAM, ITS EMPLOYEES, OFFICERS AND DIRECTORSOR ITS AGENTS; (II) WILLFUL MISCONDUCT OF UJAM, SHALL NOT INCLUDING FRAUDULENT CONCEALMENT OF DEFECTS; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIABLE TO CLIENT FOR ANY ACTIONSLIMITED OR EXCLUDED BY APPLICABLE LAW. IN SUCH JURISDICTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID GREATEST EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL The limited warranties provided herein are the exclusive warranties given by Hydrow and supersede any prior, contrary or additional representations, whether oral or written. ANY IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. HYDROW HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER, EXCEPT TO THE EXTENT PROHIBITED BY LAW. HYDROW ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM COURSE THE NEGLIGENCE OF DEALING HYDROW OR COURSE ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF PERFORMANCEOR DAMAGE TO ANY EQUIPMENT. This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose. IN NO EVENT SHALL POWER BRANDS OR WILL HYDROW, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY CONSEQUENTIALKIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE PURCHASE, USE, REPAIR OR MAINTENANCE OF EQUIPMENT OR PARTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTSECONOMIC LOSS, EXPENSESLOSS OF PROPERTY OR PROFITS, LOSS OF ENJOYMENT OR USE, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OTHER CONSEQUENTIAL OR NOT CLIENT HAS BEEN ADVISED PUNITIVE DAMAGES OF THE POSSIBILITY THEREOFANY NATURE WHATSOEVER. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, CREW SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESDAMAGE OR INJURY INCURRED DURING, OR LOSSES IN AS A RESULT OF, ANY WAY ARISING OUT REPAIR OR ATTEMPTED REPAIR OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EQUIPMENT BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY ANYONE OTHER THAN CLIENT AND POWER BRANDSA HYDROW AUTHORIZED SERVICE TECHNICIAN. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISELIMITED UNDER APPLICABLE LAW. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINYou agree that the above limitations of liability together with the other provisions in this Warranty that limit liability are essential terms of this Warranty and that Hydrow would not be willing to grant you the rights set forth in this Warranty but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Hydrow to grant you the rights set forth in this Warranty.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EXCEPT AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL SET FORTH IN THIS AGREEMENT, OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE AIRCRAFT, WITHOUT LIMITATIONINCLUDING ANY WITH RESPECT TO ITS DESIGN, ANY WARRANTY CONDITION, QUALITY OF NON-INFRINGEMENT MATERIALS AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. 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 PARTICULAR PURPOSE 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 WELL AS IMPLIED WARRANTIES SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING FROM COURSE OUT OF DEALING THIS AGREEMENT OR COURSE OF PERFORMANCETHE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS EITHER PARTY BE LIABLE FOR OR HAVE ANY CONSEQUENTIALDUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE OTHER PARTY FOR ANY CLAIMED INDIRECT, SPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL, OR PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER FOR ANY DAMAGES CONSISTING OF DAMAGES FOR LOSS OF USE OR NOT CLIENT HAS BEEN ADVISED DEPRECIATION OF VALUE OF THE POSSIBILITY THEREOFAIRCRAFT, LOSS OF PROFIT OR INSURANCE DEDUCTIBLE. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, OPERATOR SHALL NOT BE LIABLE TO CLIENT LESSEE FOR DELAY OR FAILURE TO PROVIDE THE AIRCRAFT AND FLIGHT CREW FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENTFLIGHTS. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINThis Section 14 shall survive termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER 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. Xxxxxxx 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 RESULTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND PROCEEDS THEREOF "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 OF ANY KIND, AND XXXXXXX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EXPRESSED EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY MERCHANTABILITY, OF MERCHANTABILITY OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE PURPOSE, OF DEALING ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. XXXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR COURSE SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PERFORMANCETHE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL POWER BRANDS ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXX OR ITS EMPLOYEESAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, OFFICERS AND/YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIALCORRECTION. If you are using the Software on an Apple iOS device, SPECIALin the event of any failure of the Software to conform to any applicable warranty, INDIRECTyou may notify Apple, INCIDENTALand Apple will refund the purchase price for the Software to you, PUNITIVE OR EXEMPLARY DAMAGESbut to the maximum extent permitted by applicable law, COSTSApple will have no other warranty obligation whatsoever with respect to the Software, EXPENSESand any other claims, OR LOSSES 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 (INCLUDINGother 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. If these laws apply to you, WITHOUT LIMITATIONsome or all the exclusions or limitations set out in this XXXX may not apply to you, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINand you may have additional rights.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND TO THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPRESSED INDIVIDUALS WHO PARTICIPATE IN THE OFFER AGREE THAT ANY TICKETS RECEIVED ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTE R ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES ARISING FROM COURSE SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF DEALING THE OFFER ENTITIES ARE RESPONSIBLE OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESOTHER DAMAGES UNDER ANY CONTRACT, COSTSNEGLIGENCE, EXPENSESSTRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR LOSSES (INCLUDINGINDIRECTLY, WITHOUT LIMITATIONTO REDEMPTION OF THE OFFER, LOST PROFITS), WHETHER EVEN IF FORESEEABLE OR NOT CLIENT HAS EVEN IF THE OFFER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, OF SUCH DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND EXCEPT FOR THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY WARRANTIES EXPRESSED IN THIS AGREEMENT, PSC DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY INCLUDING IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES ARISING FROM COURSE THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF DEALING THIS AGREEMENT. PSC'S AND PURCHASERR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE PURCHASER PAID FOR PRODUCTS OR COURSE SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER PURCHASER NOR PSC IS LIABLE TO THE OTHER IF PURCHASER OR IT ARE UNABLE TO PERFORM DUE TO EVENTS PURCHASER OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS GOD, OR ITS EMPLOYEESFOR PROPERTY DAMAGE, OFFICERS AND/PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST ANTICIPATED PROFITS, LOST DATA OR DIRECTORS BE LIABLE FOR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY SPECIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS)HOWEVER CAUSED, WHETHER OR NOT CLIENT HAS BEEN ADVISED FOR BREACH OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSWARRANTY, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER 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 SHALL OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINTO PURCHASER.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER EXCEPT AS PROVIDED HEREIN, THE KUBIENT AD ENGINE, INCLUDING ANY ACCOMPANYING MANUALS AND OTHER MATERIALS, AND THE RESULTS AND PROCEEDS THEREOF "SERVICES, ARE PROVIDED BY KUBIENT “AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, ,” WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY KIND, INCLUDING THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, TITLE, OR ANY WARRANTY THAT THE KUBIENT AD ENGINE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, OR THAT THE KUBIENT AD ENGINE WILL MEET SPHERE’S REQUIREMENTS, AND ANY WARRANTIES IMPLIED WARRANTIES ARISING FROM BY LAW, BY THE COURSE OF DEALING BETWEEN THE PARTIES, OR COURSE OF PERFORMANCEOTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, SPECIALPUNITIVE, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITSFOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT CLIENT HAS BEEN FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOSS OF OR CORRUPTION TO DATA, OR LOST PROFITS (EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSPOSSIBLITY OF ANY OF THE FOREGOING), ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE CONNECTION WITH THIS AGREEMENT. NO THE TERMS OF THIS AGREEMENT SECTION SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. SURVIVE THE PROVISIONS TERMINATION OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSSAGREEMENT FOR WHATEVER REASON, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BY KUBIENT OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINBY SPHERE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS THE CITY AGREES THAT THE TID DOES NOT GUARANTEE OR WARRANT THE SERVICES PERFORMED PROVIDED BY THE TID HEREUNDER AND OR THE RESULTS AND PROCEEDS THEREOF "COMPLETION OF THE CITY PROJECT. ALL TID SERVICES ARE PROVIDED ON AN “AS IS" ” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE TID DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, EXPRESSED OR IMPLIEDINCLUDING BUT NOT LIMITED TO, INCLUDINGWARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATIONFITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF NON-INFRINGEMENT AND TITLE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, USAGE, OR COURSE OF PERFORMANCETRADE PRACTICE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS WILL THE TID BE LIABLE OR RESPONSIBLE TO THE CITY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, TYPE OF INCIDENTAL, PUNITIVE PUNITIVE, INDIRECT OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, LOST REVENUE AND LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, OF SUCH DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, WHETHER ARISING UNDER ANY THEORY OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING EXCEPT TO THE EXTENT OF INSURANCE PROCEEDS ACTUALLY RECEIVED, IN NO EVENT WILL THE TID’S TOTAL LIABILITY HEREUNDER EXCEED THE FEES (NOT INCLUDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINFEES 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. POWER BRANDS THE 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 SERVICES PERFORMED HEREUNDER 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 AND PROCEEDS THEREOF "THAT MAY BE OBTAINED FROM THE USE OF THE HOSTING SERVICES OR AS IS" AND HEREBY TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE HOSTING SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY INCLUDING THE WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED AND ALL WARRANTIES ARISING FROM NOT EXPRESSLY CONTAINED IN THIS AGREEMENT. YOU AND THE COMPANY AGREE THAT THE TERMS OF THIS AGREEMENT SHALL NOT BE ALTERED DUE TO CUSTOM OR USAGE OR DUE TO THE PARTIES' COURSE OF DEALING OR COURSE OF PERFORMANCEPERFORMANCE UNDER THIS AGREEMENT. IN NO EVENT SHALL POWER BRANDS OR THE COMPANY, ITS EMPLOYEESAGENTS, OFFICERS AND/OR DIRECTORS AFFILIATES AND VENDORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, PUNITIVE, EXEMPLARY OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTSINCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, EXPENSESBUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, THAT RESULT FROM YOUR USE OR INABILITY TO USE THE HOSTING SERVICES, WHETHER FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR LOSSES (INCLUDINGTRANSMISSION, WITHOUT LIMITATIONOR FOR ANY FAILURE OF PERFORMANCE, LOST PROFITS), REGARDLESS OF WHETHER OR NOT CLIENT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESSUCH DAMAGES OR THEIR POSSIBILITY, OR LOSSES IN ANY WAY ARISING OUT WHETHER THE ABOVE EVENTS ARE LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR RELATING UNAUTHORIZED ACCESS TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONCOMPANY'S RECORDS, DAMAGE, CLAIM, LIABILITY, COST, EXPENSEPROGRAMS, OR LOSSTHE HOSTING SERVICES, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. YOU AGREE THAT THE COMPANY'S TOTAL LIABILITY AND YOUR SOLE REMEDY FOR ANY NON- ACCESSIBILITY TO THE HOSTING SERVICES OR OTHER DOWNTIME IS LIMITED TO THE 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 LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE AGREEMENT DURING THE AGREEMENT TERM. THE COMPANY WILL EXERCISE NO CONTROL OVER THE CONTENT OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY THE INFORMATION PASSING THROUGH THE COMPANY'S NETWORK EXCEPT THOSE CONTROLS EXPRESSLY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES AS USED HEREIN THE PHRASE “ZELUS PARTIES” MEANS ZELUS AND ITS SERVICES PERFORMED HEREUNDER AFFILIATE ENTITIES, AND THE RESULTS THEIR RESPECTIVE VENDORS, LICENSORS (INCLUDING XXXXXX “RISKIE” XXXXX), OFFICERS, DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, AND PROCEEDS THEREOF "OTHER REPRESENTATIVES. ALL NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ZELUS PARTIES DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT NON- INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS THE ZELUS PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE NFT, THE SALE PROCESS, ANY TECHNOLOGY, AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE SALE PROCESS, COSTSINCLUDING BUT NOT LIMITED TO THE ETHEREUM BLOCKCHAIN, EXPENSESANY CRYPTO WALLET, AND/OR OZONE NETWORKS, INC D/B/A OPENSEA, OR LOSSES (INCLUDINGANY OTHER PLATFORM ON WHICH THE NFT IS SOLD, WITHOUT LIMITATIONSTORED, LOST PROFITS)DISPLAYED, OR MAINTAINED. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR NOT CLIENT FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ZELUS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT ZELUS FOR THE 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 ACTIONSBREACH OF SECURITY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF RESIDENTS OF ANY PERSON OTHER STATES, TERRITORIES, AND/OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCEJURISDICTION), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAMBIAT ENTERPRISE DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS CAMBIAT ENTERPRISE BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESPHANTOM WALLET. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMBIAT ENTERPRISE’S TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT CAMBIAT ENTERPRISE 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "USE OF THE SITES IS SOLELY AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS" ” AND HEREBY “AS AVAILABLE” BASIS. BTW EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND WITH RESPECT TO THE SITES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGINCLUDING IMPLIED WARRANTIES OF MERCHANTABLIT, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE, TITLE AND NON-INFRINGEMENT. IN BTW MAKES NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS WARRANTY THAT THE SITES AND/OR DIRECTORS ANY CONTENT THEREIN WILL MEET YOUR REQUIREEMTN, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES AND/OR ANY CONTENT THEREINE WILL BE ACCURETE OR RELIATBLE. YOU UNDERSNATND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATSFICATION WITH THE SITES IS TO CEASE USING THE SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BTW SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSDEQUENTIAL OR EXEMPLARY EXMPLOARY DAMAGES, COSTSINCLUDING WIHTOUT LIMIATION, EXPENSESDAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE LOSS OR OTHER LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF BTW HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSPOSSIBLITY OF SUCH DAMAGES) RESULTING FROM: THE USE OR INABILITY TO USE THE SITES, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESLINK PROVIDED IN CONNECTION WITH THE SITES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING MATTER OTHERWISE RELATED TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS YOUR USE OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINSITES.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER 11.1. THE APPLICATION AND THE RESULTS CONTENT AND PROCEEDS THEREOF "SERVICES ARE PROVIDED TO YOU “AS IS" ” AND HEREBY WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE BANK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, ANY WARRANTY INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING LIMITATION TO THE PERFORMANCE FOREGOING, THE BANK PROVIDES NO WARRANTY OR UNDERTAKING, AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. MAKES NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF REPRESENTATION OF ANY PERSON KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR ENTITY WORK WITH ANY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONSOFTWARE, DAMAGEAPPLICATIONS, CLAIMSYSTEMS OR SERVICES, LIABILITYOPERATE WITHOUT INTERRUPTION, COST, EXPENSE, MEET ANY PERFORMANCE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), RELIABILITY STANDARDS OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING BE ERROR FREE OR THAT ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THE IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE A RESULT OF DEALING THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR COURSE OF PERFORMANCEOTHERWISE MADE AVAILABLE VIA THE SITE. IN NO EVENT CASE SHALL POWER BRANDS OR ITS TRENDY SECONDS, INC. OUR DIRECTORS, OFFICERS, EMPLOYEES, OFFICERS AND/AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR DIRECTORS LICENSORS BE LIABLE FOR ANY CONSEQUENTIALINJURY, SPECIALLOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGESPUNITIVE, COSTS, EXPENSESSPECIAL, OR LOSSES (CONSEQUENTIAL DAMAGES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATIONLIMITATION LOST PROFITS, LOST PROFITSREVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WHETHER STRICT LIABILITY OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOTHERWISE, ITS EMPLOYEESARISING FROM YOUR USE OFTHE SITE, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT OR FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES OTHER CLAIM RELATED IN ANY WAY ARISING OUT TO YOUR USE OF THE THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR RELATING TO THE PERFORMANCE AND OMISSIONS IN ANY CONTENT, OR NONPERFORMANCE OF THIS AGREEMENT ANY LOSS OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF DAMAGE OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS KIND INCURRED AS A RESULT OF THE FORM USE OF ACTIONTHE SITE OR ANY CONTENT (OR PRODUCT) POSTED, DAMAGE, CLAIM, LIABILITY, COST, EXPENSETRANSMITTED, OR LOSSOTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE EVEN IF ADVISED OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINTHEIR POSSIBILITY.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS 1. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR USE OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES PERFORMED HEREUNDER IS AT YOUR SOLE RISK AND THAT THE RESULTS ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESEFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSED OR IMPLIED, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF NON-INFRINGEMENT ANY KIND, AND BELLE, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF) AND ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING ANY ASSESSMENT OR SCORING THAT MAY BE PROVIDED, EITHER EXPRESS, IMPLIED WARRANTY OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES BELLE DOES NOT WARRANT THAT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR A) THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.WILL MEET YOUR REQUIREMENTS,

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SELLER MAKES NO OTHER TERM, CONDITION, REPRESENTATION, OR WARRANTY (STATUTORY, EXPRESS, IMPLIED OR OTHERWISE) OF THE PRODUCT, GOODS, SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIEDSUPPORT SERVICES SUPPLIED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AS TO QUALITY, CONDITION, DESCRIPTION, NON- INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED PURPOSE, AND ALL SUCH WARRANTIES ARISING FROM COURSE ARE HEREBY EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SELLER HEREBY EXPRESSLY DISCLAIMS THAT ANY TESTS AND ANALYSES OFFERED OR PERFORMED MEET THE REQUIREMENTS OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT APPLICABLE LAWS AND SELLER SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE RESPONSIBLE FOR ANY CLAIMS THAT MAY ARISE FROM BUYER’S USE OF ITS PRODUCT(S), GOODS, OR SERVICES OR BUYER’S RELIANCE ON RESULTS RESULTING FROM SUCH USE. BUYER IS SOLELY RESPONSIBLE FOR ENSURING THAT ITS USE OF THE PRODUCT, GOODS, AND SERVICES IS SUITABLE FOR BUYER’S REQUIREMENTS, AND BUYER MUST USE THE PRODUCT, GOODS, AND SERVICES IN ACCORDANCE WITH INSTRUCTIONS PROVIDED THEREWITH. SELLER SHALL HAVE NO LIABILITY TO BUYER OR ANY OTHER PERSON OR ENTITY FOR LOSS OF PROFITS OR USE, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALEXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESMULTIPLE DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF GOODWILL, COSTS, EXPENSESDATA OR SAMPLES, OR LOSSES (INCLUDINGFOR BUSINESS INTERRUPTION ARISING OUT OF THE SUPPLY OR USE OF SELLER’S PRODUCTS, WITHOUT LIMITATIONGOODS, LOST PROFITS)SERVICES, OR SUPPORT SERVICES OR FAILURE OR DELAY IN DELIVERING SUCH PRODUCTS, GOODS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, FAULT OR NOT CLIENT HAS BEEN OTHERWISE, EVEN IF SELLER IS ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES OR LOSSES. CLIENT AGREES THAT POWER BRANDSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS EMPLOYEESSELLER’S ENTIRE LIABILITY FOR ANY PRODUCT, OFFICERS AND DIRECTORSGOODS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, FAULT OR OTHERWISE, SHALL NOT BE LIABLE TO CLIENT EXCEED IN THE AGGREGATE, THE AMOUNT THAT BUYER PAID FOR SUCH PRODUCT, GOOD OR SERVICE. SELLER HEREBY EXPRESSLY DISCLAIMS, AND BUYER HEREBY EXPRESSLY WAIVES ANY ACTIONSCLAIM OF LIABILITY FOR THE PURPOSES FOR WHICH BUYER USES SELLER’S PRODUCT, DAMAGESGOODS, CLAIMS, LIABILITIES, COSTS, EXPENSESSERVICES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONSUPPORT SERVICES, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, INCLUDING WITHOUT LIMITATION, NEGLIGENCE)ANY CLAIM OF INACCURATE, INVALID OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREININCOMPLETE RESULTS.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER YOU ACKNOWLEDGE AND AGREE THAT THE RESULTS AND PROCEEDS THEREOF "SOFTWARE IS PROVIDED “AS IS" ”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND HEREBY EXPRESSLY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIESREPRESENTATIONS, EXPRESSED WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY THE WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR EXPECTATIONS, BE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM COURSE OF DEALING DEFECTS OR COURSE OF PERFORMANCEERRORS, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. IN NO EVENT SHALL POWER BRANDS OR WILL THE COMPANY, ITS AFFILIATED ENTITIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, OFFICERS AND/AGENTS, AUTHORISED REPRESENTATIVES OR DIRECTORS LICENSORS BE LIABLE FOR ANY CONSEQUENTIALINCIDENTAL, INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS), WHETHER BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR NOT CLIENT IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT IN NO EVENT WILL THE LIABILITY OF MOOSE FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING DAMAGES WITH RESPECT TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY CLIENT YOU IN RESPECT OF THE SOFTWARE IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO POWER BRANDS FOR CEASE USING THE SERVICES PERFORMED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE 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 YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT IS INTENDED TO EXCLUDE, RESTRICT OR CREATE MODIFY ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF REMEDY YOU MAY HAVE UNDER ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER EXCEPT AS SPECIFICALLY STATED HEREIN, ENTRUST HEREBY DISCLAIMS ANY AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF ANY APPLICABLE STATUTORILY REQUIRED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCESHALL BE LIMITED TO THE WARRANTY PERIOD. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS ENTRUST BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES, COSTSLOSS OR DAMAGE TO DATA OR LOSS OF ANY FUTURE REVENUE, EXPENSESINCOME OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OF THE SOFTWARE, OR LOSSES (INCLUDINGUNDER ANY THEORY OF LAW, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, IN NO EVENT SHALL NOT BE LIABLE ENTRUST’S AGGREGATE LIABILITY TO CLIENT CUSTOMER FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY DAMAGES ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS LICENSE OR THE PERFORMANCE AND OR NONPERFORMANCE USE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS THE SOFTWARE, UNDER ANY THEORY OF LAW, EXCEED THE SUM OF ALL LICENSE FEES ACTUALLY PAID TO ENTRUST BY CLIENT TO POWER BRANDS CUSTOMER FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINSOFTWARE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER 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 RESULTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND PROCEEDS THEREOF "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 OF ANY KIND, AND EMERSON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EXPRESSED EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY MERCHANTABILITY, OF MERCHANTABILITY OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE PURPOSE, OF DEALING ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EMERSON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR COURSE SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PERFORMANCETHE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. IN NO EVENT ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMERSON OR ITS AUTHORIZED REPRESENTATIVE SHALL POWER BRANDS CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, 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. If these laws apply to you, some or all the exclusions or limitations set out in this XXXX may not apply to you, and you may have additional rights. Indemnification YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EMERSON AND ITS EMPLOYEES, OFFICERS AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF THE FOLLOWING USE OF THE SOFTWARE BY YOU AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIALOF YOUR ADDITIONAL USERS (I) MISUSE OF THE SERVICE; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, SPECIALPRIVACY, INDIRECTCONFIDENTIALITY COPYRIGHT, INCIDENTALPATENT TRADEMARK, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSESTRADE SECRET, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MISUSE OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSSERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (III) BREACH OF ANY PROVISION OF THIS XXXX OR ANY OF THE APPLICABLE SENSI TERMS OR POLICIES BY YOU OUR ANY OTHER USER OR AUTHORIZED USER; (IV) ACCOUNT ACCESS OR ACTIVITY DUE TO FAILURE TO PROTECT LOG-ON CREDENTIALS; AND (V) ANY CAUSE OF ACTION BY ANY OF YOUR ADDITIONAL USERS, ITS EMPLOYEESINCLUDING ANY AND ALL ALLEGATIONS, OFFICERS SUITS, CLAIMS AND DIRECTORSPROCEEDINGS (INCLUDING REASONABLE ATTORNEYS’ AND PROFESSIONAL FEES) (COLLECTIVELY, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, “CLAIMS, LIABILITIES, COSTS, EXPENSES, ”) AND ALL RELATED DAMAGES INCURRED BY YOU OR LOSSES IN ANY WAY ARISING OUT EMERSON AS A RESULT OF OR RELATING TO ARISING FROM YOUR ADDITIONAL USER’S BREACH OR ALLEGED BREACH. IT IS UNDERSTOOD AND AGREED THAT YOU THE PERFORMANCE CUSTOMER ASSUMES FULL LIABILITY FOR A BREACH BY ANY OF YOUR ADDITIONAL USERS OF THIS XXXX. IT IS UNDERSTOOD AND OR NONPERFORMANCE AGREED THAT YOU ASSUME FULL LIABILITY FOR A BREACH BY ANY OF YOUR AUTHORIZED USERS OF THIS AGREEMENT AND EMERSON SHALL HAVE NO LIABILITY FOR ANY MISUSE OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS ACTION BY ANY AUTHORIZED USER OR ANY OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENTYOUR AFFILIATES, SUPPLIERS OR AGENTS. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONProduct Claims You acknowledge and agree that Emerson, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT and not Apple (INCLUDING, WITHOUT LIMITATION, NEGLIGENCEif you downloaded the Software to an Apple iOS device) or Google (if you downloaded the Software to a device with the Android operating system), OR OTHERWISEis responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of that Software, including, but 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. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINYou must notify Emerson if you have, or are aware that any third party has, any such claims. Apple and Google have no responsibility to address any such claims. The limitations of Xxxxxxx’x liability under this XXXX are subject to what is permitted by applicable law.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EQUIPMENT DESCRIBED HEREIN ARE PROVIDED ON AN “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS ALL “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, CENTURYLINK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING WITH RESPECT TO SERVICES OR COURSE OF PERFORMANCEEQUIPMENT HEREIN REFERENCED. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS YOU AGREE THAT CENTURYLINK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGESSPECIAL, COSTS, EXPENSESCONSEQUENTIAL, OR LOSSES PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES, EVEN IF CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. CENTURYLINK’S LIABILITY FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES OR EQUIPMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS)UNAUTHORIZED OR ERRONEOUS INCLUSION OR EXCLUSION OF LISTING OR DIRECTORY INFORMATION IN A DIRECTORY DATABASE, WHETHER AND/OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSPUBLISHING OR FAILURE TO PUBLISH, ITS EMPLOYEESAS APPLICABLE, OFFICERS AND DIRECTORS, SUCH INFORMATION) SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PERFORMANCE AND CHARGES CENTURYLINK WOULD INVOICE TO YOU FOR AFFECTED SERVICES OR NONPERFORMANCE OF THIS AGREEMENT EQUIPMENT DURING THE PERIOD IN WHICH THE MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINDEFECT OCCURS.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EXCEPT AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL SET FORTH IN THIS AGREEMENT, OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE AIRCRAFT, WITHOUT LIMITATIONINCLUDING ANY WITH RESPECT TO DESIGN, ANY WARRANTY CONDITION, QUALITY OF NON-INFRINGEMENT MATERIALS AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. 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 PARTICULAR PURPOSE 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 WELL AS IMPLIED WARRANTIES SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING FROM COURSE OUT OF DEALING THIS AGREEMENT OR COURSE OF PERFORMANCETHE SERVICES PROVIDED HEREUNDER OR TIME SHARING AGREEMENT CONTEMPLATED HEREBY. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS EITHER PARTY BE LIABLE FOR OR HAVE ANY CONSEQUENTIALDUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE OTHER PARTY FOR ANY CLAIMED INDIRECT, SPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL, OR PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER FOR ANY DAMAGES CONSISTING OF DAMAGES FOR LOSS OF USE OR NOT CLIENT HAS BEEN ADVISED DEPRECIATION OF VALUE OF THE POSSIBILITY THEREOFAIRCRAFT, LOSS OF PROFIT OR INSURANCE DEDUCTIBLE. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, OPERATOR SHALL NOT BE LIABLE TO CLIENT LESSEE FOR DELAY OR FAILURE TO PROVIDE THE AIRCRAFT AND FLIGHT CREW FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENTFLIGHTS. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINThis Section 14 shall survive termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND EXCEPT FOR THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY WARRANTIES EXPRESSED IN THIS AGREEMENT, PROBE-TEC DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY INCLUDING IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES ARISING FROM COURSE THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF DEALING THIS AGREEMENT. PROBE-TEC’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR COURSE 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 PERFORMANCE. IN NO EVENT SHALL POWER BRANDS GOD, OR ITS EMPLOYEESFOR PROPERTY DAMAGE, OFFICERS AND/PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR DIRECTORS BE LIABLE FOR ANY OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY SPECIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS)HOWEVER CAUSED, WHETHER OR NOT CLIENT HAS BEEN ADVISED FOR BREACH OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSWARRANTY, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER 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 SHALL OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINTO YOU.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS THE CONTENT, THE SERVICES PERFORMED HEREUNDER AND THE RESULTS SITE AND PROCEEDS THEREOF "ALL OTHER MATERIALS ARE PROVIDED ON AN “AS IS" ” BASIS. AIRTH, ITS AFFILIATES, LICENSORS AND HEREBY RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIMS DISCLAIM ANY AND ALL WARRANTIESREPRESENTATIONS, EXPRESSED OR WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY REPRESENTATIONS, WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES CONDITIONS ARISING FROM ANY COURSE OF DEALING OR COURSE USAGE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEESTRADE, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING WITH RESPECT TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR CONTENT, THE SERVICES PERFORMED IN ACCORDANCE WITH AND THE SITE AND ALL OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. NO TERMS NEITHER AIRTH, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THIS AGREEMENT SHALL BENEFIT THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR CREATE ANY RIGHT WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS COMPLETENESS OF THE FORM OF ACTIONCONTENT, DAMAGETHE SERVICES AND THE SITE AND ALL OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCEBUT NOT LIMITED TO ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR OTHERWISEAS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE CONTENT, THE SERVICES OR THE SITE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING NEITHER AIRTH, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY FAILURE REPRESENTATIONS OR WARRANTIES THAT THE CONTENT, THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER EXPRESSLY AGREES THAT USE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINTHE SITE AND THE DATABASE IS AT YOUR SOLE RISK.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EXCEPT AS IS" EXPRESSLY SET FORTH IN THIS AGREEMENT, WELLMARK DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY INCLUDING IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE PURPOSE, REGARDING ANY OF DEALING THE SERVICES WELLMARK PROVIDES OR COURSE OF PERFORMANCEARRANGES TO PROVIDE UNDER THIS AGREEMENT. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS WELLMARK BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY SPECIAL DAMAGES, COSTS, EXPENSES, LOSS OF DATA OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF WELLMARK HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND 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 HEALTH CARE PROFESSIONAL. THE HEALTH INFORMATION IS INTENDED TO 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 POWER BRANDSWELLMARK IS NOT RESPONSIBLE FOR THE RESULTS OF ITS MEMBERS’ USE OF SUCH INFORMATION INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO, OFFICERS MEMBERS CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR MEMBERS CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. XXXXXXXX DOES NOT MAKE AND DIRECTORSHEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, SHALL NOT BE LIABLE EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE HEALTH SERVICES, THEIR ABILITY TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, REDUCE COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINIMPROVE OUTCOMES.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HOFV PARTIES DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT NON- INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS THE HOFV PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE COLLECTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE COLLECTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESMETAMASK WALLET AND/OR THE FTX APP®, INC. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOFV PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF RESIDENTS OF ANY PERSON OTHER STATES, TERRITORIES, AND/OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCEJURISDICTION), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE RESULTS SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROCEEDS THEREOF YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND HEREBY "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL POWER BRANDS OR PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIALAGENTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSSERVICE WILL BE TIMELY, ITS EMPLOYEESUNINTERRUPTED, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR SECURE OR ERROR-FREE; (III) ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID INFORMATION OBTAINED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS YOU AS A RESULT OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, SERVICE WILL BE ACCURATE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.RELIABLE; AND

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER OUR WEBSITE, MOBILE APPLICATION AND THE RESULTS AND PROCEEDS THEREOF "SERVICE ARE PROVIDED ON AN “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “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, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE A MATTER OF DEALING OR DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN NO EVENT RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECTUNINTENDED, INCIDENTAL, PUNITIVE OR EXEMPLARY SUBSTANTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED RECOMMENDED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES THAT POWER BRANDSTHE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL WE ARE NOT BE LIABLE TO CLIENT ACCOUNTABLE FOR ANY ACTIONSSUCH TYPOGRAPHICAL, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESTECHNICAL, OR LOSSES PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN ANY WAY ARISING OUT OF EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR RELATING WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE WEBSITE AT ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, TIME WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINNOTICE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, METAFANANIS PARTIES DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS METAFANANIS PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE OFFERING, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE OFFERING OR THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESMETAMASK WALLET AND/OR OZONE NETWORKS, INC D/B/A OPENSEA. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METAFANANIS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT METAFANANIS 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER BORROWER ACKNOWLEDGES AND AGREES THAT THE RESULTS AND PROCEEDS THEREOF "EQUIPMENT IS FINANCED “AS IS" ”, “WHERE IS”, AND “WITH ALL FAULTS” AND, IRRESPECTIVE OF WHETHER BORROWER IS ACQUIRING THE EQUIPMENT DIRECTLY FROM A SUPPLIER OR FROM LENDER: (i) LENDER DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WARRANTIES EITHER EXPRESSED OR IMPLIEDIMPLIED AS TO THE CONDITION OF THE EQUIPMENT, INCLUDINGITS MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY FITNESS OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE SUITABILITY FOR ANY CONSEQUENTIALPARTICULAR PURPOSE, ITS DESIGN, CONDITION, CAPACITY, DURABILITY, QUALITY OF MATERIAL, OPERATION OR WORKMANSHIP, CONFORMITY OF ANY DESCRIPTION OR PATENT, TRADEMARK OR COPYRIGHT, OR OTHERWISE WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT WHATSOEVER; (ii) LENDER IS NOT THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT NOR THE MANUFACTURER’S OR SUPPLIER’S AGENT AND NO SUCH PERSON IS LXXXXX’S AGENT FOR ANY PURPOSE; (iii) LENDER IS NOT RESPONSIBLE FOR ANY REPAIRS OR SERVICE TO ANY EQUIPMENT, DEFECTS THEREIN OR FAILURES IN THE OPERATION THEREOF OR FOR ANY INDIRECT, SPECIAL, INDIRECTINCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY SUCH EQUIPMENT, DEFECTS, OR FAILURES (NOR SHALL BORROWER BE RESPONSIBLE OR LIABLE TO LENDER FOR ANY INDIRECT SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGESCONSEQUENTIAL DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS MASTER AGREEMENT; PROVIDED, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THAT NOTHING IN THIS SECTION 5(F) SHALL LIMIT THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE BORROWER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10(C) OF THIS AGREEMENT MASTER AGREEMENT); AND (iv) BORROWER HAS SELECTED EACH ITEM OF EQUIPMENT BASED ON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID REPRESENTATIONS MADE BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINLXXXXX.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS 4.1 NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF SOFTWARE AND/OR SERVICES PERFORMED HEREUNDER 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 AND SAVE AS SPECIFICALLY SET FORTH IN CLAUSE 10 OF THE LICENSE , THE SOFTWARE AND THE RESULTS AND PROCEEDS THEREOF SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XXXXX.XX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EXPRESSED EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY MERCHANTABILITY, OF MERCHANTABILITY OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. XXXXX.XX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, OR IN CONJUNCTION WITH THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX.XX OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING FROM COURSE OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEESA CONSUMER, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE APPLY TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINYOU.

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Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NFTXCARDS PARTIES DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS THE NFTXCARDS PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESMETAMASK WALLET AND/OR OZONE NETWORKS, INC D/B/A OPENSEA. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NFTXCARDS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT NFTXCARDS 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF RESIDENTS OF ANY PERSON OTHER STATES, TERRITORIES, AND/OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCEJURISDICTION), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INSTALABS DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS INSTALABS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESMETAMASK WALLET AND/OR OZONE NETWORKS, INC D/B/A OPENSEA. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALABS’ TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT INSTALABS 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF DEVELOPER TOOLS ARE PROVIDED "AS IS" AND HEREBY EXPRESSLY WITHOUT WARRANTY OF ANY KIND. DYNATRACE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESSED OR EXPRESS AND IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING OR USE, OR OF NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COURSE OF DEALING DYNATRACE SHALL CREATE ANY WARRANTY. DYNATRACE MAKES NO WARRANTY OR COURSE OF PERFORMANCEREPRESENTATION 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 FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POWER BRANDS WILL DYNATRACE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OFFICERS AND/AGENTS, SUBSIDIARIES OR DIRECTORS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTSOR DAMAGES FOR LOSS OF PROFITS, EXPENSESREVENUE, DATA OR LOSSES (INCLUDINGDATA USE, WITHOUT LIMITATION, LOST PROFITS)INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR NOT CLIENT TORT, EVEN IF DYNATRACE HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT DYNATRACE’S ENTIRE LIABILITY FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF DAMAGES UNDER THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). SOME PLACES DON'T ALLOW THE TYPES OF ACTION LIMITATIONS IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL PARAGRAPH, SO THEY MAY NOT APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINTO YOU.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND EXCEPT FOR THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY WARRANTIES EXPRESSED HEREIN, XXXX DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY INCLUDING IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES ARISING FROM COURSE THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF DEALING THIS AGREEMENT. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR COURSE CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF PERFORMANCEMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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 EVENT SHALL POWER BRANDS ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY XXXX ITS AGENTS OR EMPLOYEES, OFFICERS AND/SHALL CREATE A WARRANTY OR DIRECTORS 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 SHALL XXXX BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE INCIDENTAL OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTSINCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER ADDITIONAL EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF XXXX HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES THAT POWER BRANDSTHE 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, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. XXXX WILL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMSLOSSES OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE, LIABILITIES, COSTS, EXPENSES, WHETHER DEEMED ACTIVE OR LOSSES IN PASSIVE AND WHETHER OR NOT ANY WAY ARISING OUT OF OR RELATING TO SUCH NEGLIGENCE IS THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR SOLE CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, SUCH DAMAGE, CLAIM, LIABILITY, COST, LOSS OR EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND TO THE RESULTS AND PROCEEDS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU REGARDING CADDYVEND, THE CADDYVEND SITE, THE CADDYVEND MOBILE APPLICATION, THE PLATFORM, ACCOUNTS, SUB-ACCOUNTS, ANY FEATURE THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESOR ANY SUBJECT MATTER COVERED BY THE SUBSTANCE OF THIS AGREEMENT, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE MAKE NO WARRANTIES ARISING OR REPRESENTATIONS THAT CADDYVEND, THE CADDYVEND SITE OR THE CADDYVEND MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF CADDYVEND, THE CADDYVEND SITE OR THE CADDYVEND MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE FOR ANY CADDYVEND SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS OR USE OF THE CADDYVEND SERVICE OR THE CADDYVEND SITE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM COURSE OF DEALING OR COURSE OF PERFORMANCESTATE TO STATE AND COUNTRY TO COUNTRY. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS WE BE LIABLE FOR ANY CONSEQUENTIALCLAIMS OR DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, SPECIALWHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 IN THE AGGREGATE. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, PUNITIVE, EXEMPLARY OR EXEMPLARY DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND, COSTSIN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, EXPENSESWHETHER ARISING DIRECTLY OR INDIRECTLY, EVEN IF WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR LOSSES (INCLUDINGREPRESENTATIVES HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. The laws of certain states or other jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply, WITHOUT LIMITATIONsome or all of the above exclusions or limitations may not apply to you, LOST PROFITS), and you may have rights in addition to those contained in this Agreement. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT CLIENT HAS BEEN ADVISED OF YOU ACCEPT OR USE CADDYVEND, THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, CADDYVEND SITE OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINCADDYVEND MOBILE APPLICATION.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS SPECIFICALLY STATED IN THIS DOCUMENT OR IN WARRANTY DOCUMENTATION SET FORTH IN THE RESULTS ORDER, ATTACHMENTS, OR DOCUMENTATION DELIVERED WITH THE PRODUCTS OR SERVICES, DATACARD HEREBY DISCLAIMS ANY AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR EXPRESS AND IMPLIED, WITH REGARD TO THE PRODUCTS AND SERVICES PROVIDED TO CUSTOMER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE AND NONINFRINGEMENT OF DEALING OR COURSE OF PERFORMANCETHIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS DATACARD BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSESCONSEQUENTIAL DAMAGES ARISING OUT OF, OR LOSSES (INCLUDINGRELATED TO, WITHOUT LIMITATIONTHE FURNISHING OF PRODUCTS OR PERFORMANCE OF SERVICES UNDER THIS AGREEMENT, LOST PROFITS)UNDER ANY THEORY OF LAW, WHETHER OR NOT CLIENT EVEN IF DATACARD HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, IN NO EVENT SHALL NOT BE LIABLE DATACARD’S AGGREGATE LIABILITY TO CLIENT CUSTOMER FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESDAMAGES ARISING OUT OF, OR LOSSES IN RELATED TO, THE FURNISHING OF PRODUCTS OR PERFORMANCE OF SERVICES UNDER THIS AGREEMENT, UNDER ANY WAY THEORY OF LAW, EXCEED THE SUM OF ALL PAYMENTS MADE TO DATACARD BY CUSTOMER HEREUNDER UP TO THE TIME THE CAUSE AROSE. Intellectual Property Indemnity. Datacard shall defend, at its expense, any action brought against Customer to the extent that it is based upon a claim that the Product(s), or any part thereof, infringes United States letters patent, copyrights, or trade secret rights, and Datacard shall pay those costs and damages finally awarded against Customer which are attributable to such claim, but Xxxxxxxx’s assumption of such defence and payments is conditioned upon the following: (a) that Datacard shall be notified immediately in writing by Customer of any knowledge or notice Customer has concerning such action or related claim, or the possibility thereof, (b) that Datacard shall have the sole control of the defence of any action on such claim and all negotiations for its settlement, and (c) that should the Product, or any part thereof, become, or in Datacard’s opinion be likely to become, the subject of a claim of infringement of a United States letters patent, copyright, trade secret or other proprietary right, Customer shall permit Datacard, at its sole option and expense, (i) to procure for Customer the right to continue using the Product, (ii) to replace or modify the same with new or rehabilitated Product so that the Product becomes non-infringing, or if Datacard is unable to reasonably perform either alternative (i) or (ii), then at the sole option of Datacard, (iii) to remove the Product after giving Customer thirty days prior written notice and reimburse Customer for the reasonable value of the Product at that time consistent with its age and overall condition. Such removal shall be at Datacard’s expense. Datacard shall have no liability to Customer under any provisions of this section with respect to any claim, judgment or finding of patent, copyright or trade secret or other proprietary right infringement which is based upon: (a) the combination or utilization of the Product with equipment, supplies or devices not furnished by Datacard; (b) “method patent” infringement, with the exception of infringement arising from Datacard’s own method patent; (c) use of the Product in any manner that is inconsistent with the purpose for which the Product was designed; (d) use of the Product in a manner inconsistent with the explicit provisions in Datacard’s documentation for that Product (e) the relocation of the Product to a location other than that in which it was installed without Datacard’s prior written approval; (f) modification of the Product in any manner without Datacard’s explicit prior written approval, for such modification; or (g) the use in conjunction with the Product of devices, supplies or software provided by Customer. THE FOREGOING STATES THE ENTIRE LIABILITY OF DATACARD WITH RESPECT TO INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS ARISING OUT OF OR RELATING BASED UPON THE SALE OR USE OF THE PRODUCTS AND DATACARD SHALL HAVE NO OTHER LIABILITY OR OBLIGATION TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF CUSTOMER OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONKIND, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NEGLIGENCE)LOST BUSINESS OPPORTUNITY, LOST PROFIT, LOST EFFICIENCY, REPLACEMENT COSTS OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINOTHER CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND TO THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPRESSED INDIVIDUALS WHO PARTICIPATE IN THE OFFER AGREE THAT ANY TICKETS RECEIVED ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES ARISING FROM COURSE SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF DEALING THE OFFER ENTITIES ARE RESPONSIBLE OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESOTHER DAMAGES UNDER ANY CONTRACT, COSTSNEGLIGENCE, EXPENSESSTRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR LOSSES (INCLUDINGINDIRECTLY, WITHOUT LIMITATIONTO REDEMPTION OF THE OFFER, LOST PROFITS), WHETHER EVEN IF FORESEEABLE OR NOT CLIENT HAS EVEN IF THE OFFER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, OF SUCH DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND TO THE RESULTS AND PROCEEDS THEREOF "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 OF ANY KIND; AND, METAGEEK HEREBY EXPRESSLY DISCLAIMS DIS- CLAIMS ANY AND ALL WARRANTIES, EXPRESSED WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES PAR- TICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM OUT OF ANY COURSE OF PERFOR- XXXXX, COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE. NOT LIMITING THE FOREGOING, METAGEEK DOES NOT WARRANT THAT THE SOFTWARE MAINTENANCE WILL 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 EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE WILL METAGEEK HAVE ANY LI- ABILITY FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGESDAMAGES OF ANY NATURE, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATIONINCLUDING LOSS OF DATA, LOST PROFITS, OR COST OF COVER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE), WHETHER OR NOT CLIENT OTH- ERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF METAGEEK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, OF SUCH DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO AND NOTWITHSTANDING THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED STATED HEREIN. IN NO EVENT WILL METAGEEK’S TOTAL AND CUMULATIVE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO METAGEEK 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. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "LICENSED NFT IS PROVIDED “AS IS" ” AND HEREBY EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES WHICH HAVE BEEN STIPULATED IN THE AUCTION DESCRIPTION ABOVE (SEE BEFORE SECTION 1.). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VODAFONE DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT NON- INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS VODAFONE BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO THE LICENSED NFT, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN AND AGUTTES AUCTION HOUSE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, EXPENSESTORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VODAFONE’S TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT VODAFONE FOR THE 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE 76ERS PARTIES DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS THE 76ERS PARTIES BE LIABLE TO RECIPIENT FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING, BUT NOT LIMITED TO, THE LICENSED NFT, ANY REDEMPTION THEREOF, THE PROGRAM, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE PROGRAM AND REDEMPTION OF ANY LICENSED NFT, COSTSINCLUDING, EXPENSESBUT NOT LIMITED TO, BLOCKCHAIN AND/OR XXXXXX.XXX. RECIPIENT AGREES THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 76ERS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). CLIENT RECIPIENT ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND RECIPIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT 76ERS HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO 76ERS’ GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO RECIPIENT, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO RECIPIENT ONLY TO THE PERFORMANCE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF RESIDENTS OF ANY PERSON OTHER STATES, TERRITORIES, AND/OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCEJURISDICTION), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF DEVELOPER TOOLS ARE PROVIDED "AS IS" AND HEREBY EXPRESSLY WITHOUT WARRANTY OF ANY KIND. DYNATRACE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESSED OR EXPRESS AND IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING PURPOSE, OR NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COURSE OF DEALING DYNATRACE SHALL CREATE ANY WARRANTY. DYNATRACE MAKES NO WARRANTY OR COURSE OF PERFORMANCEREPRESENTATION 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 FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POWER BRANDS WILL DYNATRACE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OFFICERS AND/AGENTS, SUBSIDIARIES OR DIRECTORS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTSOR DAMAGES FOR LOSS OF PROFITS, EXPENSESREVENUE, DATA OR LOSSES (INCLUDINGDATA USE, WITHOUT LIMITATION, LOST PROFITS)INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR NOT CLIENT TORT, EVEN IF DYNATRACE HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT DYNATRACE’S ENTIRE LIABILITY FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF DAMAGES UNDER THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). SOME PLACES DON'T ALLOW THE TYPES OF ACTION LIMITATIONS IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL PARAGRAPH, SO THEY MAY NOT APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINTO YOU.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "SDK IS PROVIDED TO YOU “AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE, OR COURSE OF PERFORMANCENON- INFRINGEMENT. IN WITHOUT LIMITING THE FOREGOING, SECURERF DOES NOT WARRANT THAT THE SDK: SATISFIES YOUR REQUIREMENTS OR EXPECTATIONS; SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR SHALL BE ACCURATE OR RELIABLE. UNDER NO EVENT CIRCUMSTANCES SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS SECURERF BE LIABLE TO ANY PERSON (NATURAL OR OTHERWISE) FOR ANY CONSEQUENTIALSPECIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTALPUNITIVE, PUNITIVE OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES INCLUDING (INCLUDING, WITHOUT LIMITATION) DAMAGES RESULTINGFROMUSEORRELIANCEONTHESDK,LOSSOFPROFITS,WHETHERIN CONTRACT, LOST PROFITS)NEGLIGENCE OR OTHER TORTIOUS ACTION, WHETHER OR NOT CLIENT HAS BEEN EVEN IF ADVISED OF SUCH POSSIBILITY OF SUCHDAMAGES. SOMEJURISDICTIONSDONOTALLOWFORTHEEXCLUSION OF IMPLIED WARRANTIES, SO THE POSSIBILITY THEREOFABOVE EXCLUSIONS MAY NOT APPLY. CLIENT AGREES THAT POWER BRANDSNOTWITHSTANDING ANY OF THE FOREGOING, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SECURERF’S MAXIMUM LIABILITY SHALL NOT BE LIABLE TO CLIENT FOR EXCEED ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT SDK OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS$10, WHICHEVER IS LESS. THE PROVISIONS FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ITS ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINPURPOSE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER THE USE OF THE SOFTWARE IS AT YOUR RISK AND THE RESULTS ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND PROCEEDS THEREOF "EFFORT IS WITH YOU. THE SOFTWARE IS PROVIDED “AS IS" ” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DIXELL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EXPRESSED EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY MERCHANTABILITY, OF MERCHANTABILITY OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DIXELL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS THAT MAY BE OBTAINED FROM COURSE USE OF DEALING THE SOFTWARE WILL BE ACCEPTABLE OR COURSE RELIABLE, THAT THE SOFTWARE IS FREE OF PERFORMANCEVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL POWER BRANDS ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIXELL OR ITS EMPLOYEESAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, OFFICERS AND/YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR DIRECTORS 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 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 DIXELL’s sole responsibility. DIXELL, ITS THIRD PARTY LICENSORS AND CARRIERS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTSINCLUDING BUT NOT LIMITED TO, EXPENSESDAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (INCLUDINGEVEN IF DIXELL HAS BEEN ADVISE OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE; (II) THE USE OR INABILITY TO USE YOUR MOBILE DEVICE AS A RESULT OF THE SOFTWARE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATED TO THE SOFTWARE. DIXELL SHALL ONLY BE RESPONSIBLE FOR INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE, AND IN NO EVENT SHALL DIXELL’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 ONE HUNDRED ($100) 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. If these laws apply to you, some or all the exclusions or limitations set out in this XXXX may not apply to you, and you may have additional rights. Indemnification YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS DIXELL AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS REASONABLE ATTORNEY'S FEES AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR COSTS) INCURRED BY US IN CONNECTION WITH ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIESSUITS, COSTS, EXPENSES, OR LOSSES IN ANY WAY JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF THE FOLLOWING USE OF THE SOFTWARE BY YOU AND/OR RELATING TO ANY OF YOUR ADDITIONAL USERS (I) MISUSE OF THE PERFORMANCE SERVICE; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY COPYRIGHT, PATENT TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MISUSE OF THE SERVICE OR NONPERFORMANCE ANY UNAUTHORIZED APPARATUS OR SYSTEM; (III) BREACH OF ANY PROVISION OF THIS AGREEMENT XXXX OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, APPLICABLE DIXELL TERMS OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), POLICIES BY YOU OUR ANY OTHER USER OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.AUTHORIZED USER;

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER Customer acknowledges that SNEAKY BIG is not the manufacturer of the Goods. SNEAKY BIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION WHATSOEVER WITH RESPECT TO THE CONDITION THEREOF AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE AS TO THE FITNESS, MERCHANTABILITY, DESIGN, CONSTRUCTION, CONDITION, SPECIFICATIONS, OR PERFORMANCE OF DEALING OR COURSE OF PERFORMANCETHE GOODS, except that the Goods are in good working order and condition upon delivery to or arrival of Customer. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS SNEAKY BIG BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTALEXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EXEMPLARY DAMAGESOTHERWISE, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT CLIENT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, OF SUCH DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR LOSSES OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN ANY WAY NO EVENT SHALL SNEAKY BIG'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING RELATED TO THESE TERMS AND THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS RENTAL OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSSGOODS, WHETHER IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO SNEAKY BIG PURSUANT TO THE TERMS OF THE FINAL BID PROPOSAL. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINIndemnification - Customer agrees to indemnify, defend and hold SNEAKY BIG harmless of, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, attorneys' fees, expert fees and court costs, that are incurred by SNEAKY BIG arising out of or related in any manner to the rental, acceptance, storage, possession and/or use of the Goods and /or studio by or on behalf of Customer, including, without limitation, property damage or series illness, personal injury, disability or death of a Customer Agent arising, in whole or in part, to the presence of Customer Agent in the studio. Customer hereby fully and forever irrevocably releases SNEAKY BIG and its parent and affiliate companies, together with their respective members, managers, officers, directors, employees, agents and assigns from any and all liability for destruction, breakage, loss or damage to any of Customer’s or a Customer Agent’s property or to any property in Customer’s care, custody or control arising out of or in any way related to the rental, acceptance, storage, possession and/or use of the Goods and/or the studio by or on behalf of Customer. Insurance - Customer will be required to provide SNEAKY BIG prior to the commencement date of the applicable rental with a certificate of insurance in such amount as required by SNEAKY BIG, in its sole discretion, naming SNEAKY BIG an additional named insured and loss payee with respect to the use of the Goods, including liability, property damage and replacement, and workers’ compensation, from an insurer licensed to do business in the state of Arizona with a current rating of “A-“ or better in X.X.Xxxx’s Insurance report and written on an occurrence (and not a claims made) basis. Customer’s insuranceshall be primary and SNEAKY BIG’s insurance shall be secondary and non-contributing. Should the applicable insurance certificate not be produced, Customer will remain personally responsible for any and all damages whatsoever and howsoever caused. The dollar amount of any required insurance shall not limit the dollar amount of damages collectible by SNEAKY BIG if Customer breaches these Terms. Taxes - Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer in connection with the rental of the Goods and otherwise compliance with these Terms.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER 12.1. THE APPLICATION AND THE RESULTS CONTENT AND PROCEEDS THEREOF "SERVICES ARE PROVIDED TO YOU “AS IS" ” AND HEREBY WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE BANK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATIONWITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, ANY WARRANTY INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING LIMITATION TO THE PERFORMANCE FOREGOING, THE BANK PROVIDES NO WARRANTY OR UNDERTAKING, AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. MAKES NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF REPRESENTATION OF ANY PERSON KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR ENTITY WORK WITH ANY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONSOFTWARE, DAMAGEAPPLICATIONS, CLAIMSYSTEMS OR SERVICES, LIABILITYOPERATE WITHOUT INTERRUPTION, COST, EXPENSE, MEET ANY PERFORMANCE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), RELIABILITY STANDARDS OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING BE ERROR FREE OR THAT ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER PYNPOINTS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR­FREE AND YOU AGREE THAT FROM TIME TO TIME PYNPOINTS MAY DISABLE THE RESULTS AND PROCEEDS THEREOF APP FOR INDEFINITE PERIODS OF TIME OR CANCEL THE APP AT ANY TIME WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE APP IS (EXCEPT AS EXPRESSLY STATED BY PYNPOINTS) PROVIDED "AS IS," "WHERE­IS," "WITH ALL FAULTS," AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES"AS AVAILABLE" FOR YOUR USE, EXPRESSED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE, TITLE, AND NON­INFRINGEMENT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT CASE SHALL POWER BRANDS OR PYNPOINTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OFFICERS AND/AFFILIATES, AGENTS, CONTRACTORS, OR DIRECTORS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGESPUNITIVE, COSTS, EXPENSESSPECIAL, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT APP OR FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES OTHER CLAIM RELATED IN ANY WAY ARISING OUT TO YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PYNPOINTS, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES' TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PYNPOINTS FOR ACCESSING OR USING THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PYNPOINTS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE APP, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK AND PYNPOINTS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. PYNPOINTS DOES NOT REPRESENT OR GUARANTEE THAT THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONAPP WILL BE FREE FROM LOSS, DAMAGECORRUPTION, CLAIMATTACK, LIABILITYVIRUSES, COSTINTERFERENCE, EXPENSEHACKING, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING OTHER SECURITY INTRUSION AND PYNPOINTS DISCLAIMS ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINLIABILITY RELATING THERETO.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER OUR WEBSITE, MOBILE APPLICATION AND THE RESULTS AND PROCEEDS THEREOF "SERVICE ARE PROVIDED ON AN “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “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, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE A MATTER OF DEALING OR DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN NO EVENT RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECTUNINTENDED, INCIDENTAL, PUNITIVE OR EXEMPLARY SUBSTANTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED RECOMMENDED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A 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. CLIENT AGREES THAT POWER BRANDSTHE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL WE ARE NOT BE LIABLE TO CLIENT ACCOUNTABLE FOR ANY ACTIONSSUCH TYPOGRAPHICAL, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESTECHNICAL, OR LOSSES PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN ANY WAY ARISING OUT OF EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR RELATING WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE WEBSITE AT ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, TIME WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINNOTICE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS YOUR USE OF THE SERVICES PERFORMED HEREUNDER AND IS AT YOUR OWN RISK. THE RESULTS AND PROCEEDS THEREOF SERVICES ARE PROVIDED "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWITHOUT WARRANTIES OF ANY KIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, WITHOUT LIMITATIONMERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ARISING FROM COURSE WARRANTIES, SO SOME OF DEALING OR COURSE OF PERFORMANCETHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL POWER BRANDS OR ITS INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGESAND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, DAMAGES AND LIABILITIES RELATED TO OR LOSSES IN ANY WAY ARISING OUT ASSOCIATED WITH YOUR USE OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENTAND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY WE RESERVE THE RIGHT OR CAUSE OF ACTION IN OR ON BEHALF TO ASSUME THE EXCLUSIVE DEFENSE OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDSCLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. THE PROVISIONS OF THIS PARAGRAPH IN SUCH EVENT, YOU SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISEPROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.SIGNATURE: DATE:

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE RESULTS SOFTWARE IS AT YOUR SOLE RISK AND PROCEEDS THEREOF "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 OF ANY KIND, AND XYLEM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EXPRESSED EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY MERCHANTABILITY, OF MERCHANTABILITY OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE PURPOSE, OF DEALING ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. XYLEM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR COURSE SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PERFORMANCETHE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL POWER BRANDS ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XYLEM OR ITS EMPLOYEESAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, OFFICERS AND/YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIALCORRECTION. If you are using the Software on an Apple iOS device, SPECIALin the event of any failure of the Software to conform to any applicable warranty, INDIRECTyou may notify Apple, INCIDENTALand Apple will refund the purchase price for the Software to you, PUNITIVE OR EXEMPLARY DAMAGESbut to the maximum extent permitted by applicable law, COSTSApple will have no other warranty obligation whatsoever with respect to the Software, EXPENSESand any other claims, OR LOSSES 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 (INCLUDING, WITHOUT LIMITATION, LOST PROFITSother than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINThe foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND Notes-Heaven does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, or services provided by the Service. YOU AGREE THAT USE OF THE RESULTS AND PROCEEDS THEREOF SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE PROVIDED IS PROVIDED "AS IS," AND HEREBY WITHOUT WARRANTY OF ANY KIND. NOTES-HEAVEN EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION: ANY WARRANTIES CONCERNING THE ACCURACY OR CONTENT OF INFORMATION OR SERVICES. NOTES-HEAVEN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE ERROR FREE; NOR DOES NOTES- HEAVEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NONTHE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY DATA OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR GPA. NEITHER NOTES-INFRINGEMENT AND HEAVEN NOR ANY IMPLIED WARRANTY OF MERCHANTABILITY ITS PARTNERS, AGENTS, AFFILIATES OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT CONTENT PROVIDERS SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR RELATING INABILITY TO GAIN ACCESS TO OR USE THE PERFORMANCE AND SERVICE OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OUT OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE BREACH OF ANY LIMITED REMEDY PROVIDED HEREINWARRANTY.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1 OF THIS AGREEMENT, THE PRODUCT AND THE RESULTS AND PROCEEDS THEREOF "CONTENT ARE PROVIDED AS IS" , AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESSED PAST OR IMPLIEDPRESENT, INCLUDINGWHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATIONLIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SECURITY AND, EXCEPT AS WELL AS IMPLIED WARRANTIES MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION AND THE CENTER DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE CENTER OR DISCOVERY EDUCATION OR THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF EITHER PARTY’S OBLIGATIONS HEREUNDER, AND OTHER THAN WITH RESPECT TO SUBSCRIBER’S PAYMENT, INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS, LIABILITY FOR ALL CLAIMS ARISING FROM COURSE HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF DEALING FEES PAID OR COURSE OF PERFORMANCEPAYABLE BY SUBSCRIBER TO DISCOVERY EDUCATION OR THE CENTER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL POWER BRANDS DISCOVERY EDUCATION OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS THE CENTER BE LIABLE FOR ANY CONSEQUENTIALLOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY INDIRECT DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS HOWEVER CAUSED AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM THEORY OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER YOU UNDERSTAND AND THE RESULTS AGREE THAT THIS SITE AND PROCEEDS THEREOF ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWITHOUT WARRANTIES OF ANY KIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE. IN NO EVENT SHALL POWER BRANDS OR ITS SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND/AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR DIRECTORS BE LIABLE FOR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIALDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR EXEMPLARY DAMAGESRESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, COSTSTHE OFFERINGS, EXPENSESTHE USER FORUMS, THE MATERIAL, OR LOSSES (INCLUDINGANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS. 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Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF WATCHFACTS’ SERVICES PERFORMED HEREUNDER IS AT YOUR SOLE RISK. WATCHFACTS’ CONSIGNMENT AND THE RESULTS AND PROCEEDS THEREOF OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND HEREBY "AS AVAILABLE" BASIS. WATCHFACTS EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING PURPOSE, AND NONINFRINGEMENT. WATCHFACTS MAKES NO WARRANTY THAT (A) WATCHFACTS’ SERVICES WILL MEET YOUR REQUIREMENTS OR (B) WATCHFACTS’ SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM COURSE OF DEALING WATCHFACTS OR COURSE OF PERFORMANCETHROUGH OR FROM THE SITE OR WATCHFACTS’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN NO EVENT SHALL POWER BRANDS OR WATCHFACTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, OFFICERS AND/OR DIRECTORS AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGESDAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, COSTSGOODWILL, EXPENSESUSE, DATA, OR FOR OTHER INTANGIBLE LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF WATCHFACTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO CLIENT FOR USE WATCHFACTS’S SERVICES OR THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT PROPERTY; OR (D) ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR OTHER MATTER RELATING TO THE PERFORMANCE AND WATCHFACTS’S SERVICES OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT WILL WATCHFACTS'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY HEREUNDER. THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF WATCHFACTS'S BUSINESS, AND WATCHFACTS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS. PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF AND THE EVALUATION OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONSPECIFIC OPINION, DAMAGEADVICE, CLAIMPRODUCT, LIABILITY, COST, EXPENSESERVICE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINOTHER CONTENT.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER (A) NOTHING IN THIS AGREEMENT WILL PREJUDICE THE STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE RESULTS EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE AND PROCEEDS THEREOF "ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS" ,” “AS AVAILABLE,” AND HEREBY EXPRESSLY DISCLAIMS “WITH ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, FAULTS,” WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF MERCHANTABILITY THE PRECEDING SENTENCE, NEITHER PSYONIX, NOR ITS LICENSORS OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING SUPPLIERS, WARRANTS THAT THE SOFTWARE OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSESERROR FREE, OR LOSSES THAT DEFECTS WILL BE CORRECTED; (INCLUDINGii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATIONLIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, LOST PROFITS)WORMS, WHETHER TROJAN HORSES OR NOT CLIENT HAS BEEN ADVISED ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iv) IS FREE OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSDEFAMATORY, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESDEROGATORY OR ADULT-ORIENTED MATERIAL, OR LOSSES IN ANY WAY ARISING OUT OF MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT OBJECTIONABLE; (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.v) WILL OPERATE PROPERLY; OR

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EXCEPT AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL SET FORTH IN THIS AGREEMENT, OPERATOR HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE AIRCRAFT, WITHOUT LIMITATIONINCLUDING ANY WITH RESPECT TO DESIGN, ANY WARRANTY CONDITION, QUALITY OF NON-INFRINGEMENT MATERIALS AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AIRWORTHINESS OR SAFETY. 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 PARTICULAR PURPOSE 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 WELL AS IMPLIED WARRANTIES SET FORTH IN THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING FROM COURSE OUT OF DEALING THIS AGREEMENT OR COURSE OF PERFORMANCETHE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS EITHER PARTY BE LIABLE FOR OR HAVE ANY CONSEQUENTIALDUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE OTHER PARTY FOR ANY CLAIMED INDIRECT, SPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL, OR PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER FOR ANY DAMAGES CONSISTING OF DAMAGES FOR LOSS OF USE OR NOT CLIENT HAS BEEN ADVISED DEPRECIATION OF VALUE OF THE POSSIBILITY THEREOFAIRCRAFT, LOSS OF PROFIT OR INSURANCE DEDUCTIBLE. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, TIME SHARING AGREEMENT OPERATOR SHALL NOT BE LIABLE TO CLIENT LESSEE FOR DELAY OR FAILURE TO PROVIDE THE AIRCRAFT AND FLIGHT CREW FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENTFLIGHTS. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINThis Section 14 shall survive termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, 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 OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES PERFORMED HEREUNDER OFFERED THROUGH THIS WEBSITE. THE WEBSITE AND THE RESULTS ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND PROCEEDS THEREOF 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 WRITING. SBMG DISCLAIMS, AND YOU HEREBY EXPRESSLY DISCLAIMS WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED OR ANY WARRANTIES ARISING FROM COURSE 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. WITHOUT LIMITING THE FOREGOING, SBMG HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF DEALING ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR COURSE ERROR-FREE, THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THE QUALITY OF PERFORMANCEANY 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 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 POWER BRANDS SBMG OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, OFFICERS AND/AGENTS, REPRESENTATIVES OR DIRECTORS INDEPENDENT CONTRACTORS, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY CONSEQUENTIALDIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, INDIRECTPUNITIVE, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTSOR ANY OTHER DAMAGES WHATSOEVER, EXPENSESARISING FROM, OR LOSSES (INCLUDINGRELATING TO, WITHOUT LIMITATIONTHE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, LOST PROFITS)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 NOT CLIENT HAS BEEN IF SBMG WAS ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES SBMG MAKES NO REPRESENTATION OR WARRANTY THAT POWER BRANDSTHE WEBSITE, ITS EMPLOYEESCONTENT, OFFICERS SOFTWARE, OR ANY INFORMATION OR SERVICES OFFERED THROUGH THE WEBSITE IS APPLICABLE AND DIRECTORSAPPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHALL NOT BE LIABLE SBMG'S MAXIMUM LIABILITY TO CLIENT YOU FOR ANY ACTIONSCAUSE WHATSOEVER, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF THE ACTION, DAMAGEWILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, CLAIMIF ANY, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINBY YOU TO SBMG FOR THE SERVICES.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "SDK IS PROVIDED TO YOU “AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING PURPOSE, OR COURSE OF PERFORMANCENON-INFRINGEMENT. IN WITHOUT LIMITING THE FOREGOING, VERIDIFY DOES NOT WARRANT THAT THE SDK: SATISFIES YOUR REQUIREMENTS OR EXPECTATIONS; SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR SHALL BE ACCURATE OR RELIABLE. UNDER NO EVENT CIRCUMSTANCES SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS VERIDIFY BE LIABLE TO ANY PERSON (NATURAL OR OTHERWISE) FOR ANY CONSEQUENTIALSPECIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTALPUNITIVE, PUNITIVE OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES INCLUDING (INCLUDING, WITHOUT LIMITATION) DAMAGES RESULTING FROM USE OR RELIANCE ON THE SDK, LOST LOSS OF PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTENEGLIGENCE OR OTHER TORTIOUS ACTION, TORT (INCLUDINGEVEN IF ADVISED OF SUCH POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISESO THE ABOVE EXCLUSIONS MAY NOT APPLY. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE FOREGOING, VERIDIFY’S MAXIMUM LIABILITY SHALL NOT EXCEED ANY FEES ACTUALLY PAID FOR THE SDK OR $10, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINPURPOSE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND TO THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPRESSED INDIVIDUALS WHO PARTICIPATE IN THE OFFER AGREE THAT ANY TICKETS RECEIVED ARE PROVIDED AS- IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES ARISING FROM COURSE SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF DEALING THE OFFER ENTITIES ARE RESPONSIBLE OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGESOTHER DAMAGES UNDER ANY CONTRACT, COSTSNEGLIGENCE, EXPENSESSTRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR LOSSES (INCLUDINGINDIRECTLY, WITHOUT LIMITATIONTO REDEMPTION OF THE OFFER, LOST PROFITS), WHETHER EVEN IF FORESEEABLE OR NOT CLIENT HAS EVEN IF THE OFFER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, OF SUCH DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESSPIE warrants that it is entitled to grant the licenses granted in this Agreement and is authorized to execute this Agreement. SPIE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE LICENSED MATERIAL, WITHOUT LIMITATIONINCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, AND COMPLIANCE WITH ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. IN NO EVENT SPIE SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE FOR ANY CONSEQUENTIALFOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY OTHER DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING IN CONNECTION WITH THE SUBSCRIPTON OR LICENSE GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE SPIE DIGITAL LIBRARY, SPIE’S PERFORMANCE AND UNDER THIS AGREEMENT, TERMINATION OF THE AGREEMENT BY SPIE OR NONPERFORMANCE THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF 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 ARISING OUT OF USE OF THE SERVICES OR LICENSED MATERIAL, OR ANY BREACH OR TERMINATION OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE EXCEED THE TOTAL AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT THE SUBSCRIBER TO POWER BRANDS SPIE FOR THE SERVICES PERFORMED SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, WHICH SUCH CLAIM, LIABILITY, COST, EXPENSE, LOSS OR LOSSDAMAGE OCCURRED, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINThe 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. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER (MyPatientRecord) SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE RESULTS 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 PROCEEDS THEREOF "YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS" ” AND HEREBY “AS AVAILABLE” BASIS. (MyPatientRecord) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL POWER BRANDS OR PARTICULAR, (MyPatientRecord) AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OFFICERS AND/AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR DIRECTORS 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 YOUR DEVICE, COMPUTER, OR LOSS OF DATA 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. LIMITATION OF LIABILITY (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 CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTSINCLUDING, EXPENSESBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF (MyPatientRecord) HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH DAMAGES), ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE RESULTING FROM: (I) THE USE OR INABILITY TO CLIENT FOR USE THE SERVICE (II) ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING CHANGES MADE TO THE PERFORMANCE AND SERVICE OR NONPERFORMANCE OF THIS AGREEMENT ANY TEMPORARY OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS PERMANENT CESSATION OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, SERVICE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.PART THEREOF;

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF OUR SERVICES PERFORMED HEREUNDER IS AT YOUR SOLE RISK. OUR CONSIGNMENT, GET PAID NOW, AND THE RESULTS AND PROCEEDS THEREOF "OTHER SERVICES ARE PROVIDED ON AN “AS IS" ” AND HEREBY “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATIONTHE IMPLIED WARRANTIES OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS OR (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, pg. 8 THAT YOU OBTAIN FROM COURSE OF DEALING US OR COURSE OF PERFORMANCETHROUGH OR FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IN NO EVENT SHALL POWER BRANDS OR DES BRUNO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, OFFICERS AND/OR DIRECTORS AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIALANY, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGESDAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, COSTSGOODWILL, EXPENSESUSE, DATA, OR FOR OTHER INTANGIBLE LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO CLIENT FOR USE OUR SERVICES OR OUR WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR OTHER MATTER RELATING TO THE PERFORMANCE AND OUR SERVICES OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED OR PAID AS A RESULT OF SELLING OR PURCHASING YOUR PROPERTY HEREUNDER. THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF OUR BUSINESS, AND WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS. PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF AND THE EVALUATION OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTIONSPECIFIC OPINION, DAMAGEADVICE, CLAIMPRODUCT, LIABILITY, COST, EXPENSESERVICE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINOTHER CONTENT.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER ‌ THE WEBSITE AND THE RESULTS AND PROCEEDS THEREOF "SERVICE ARE PROVIDED ON AN “AS IS" ” AND HEREBY EXPRESSLY DISCLAIMS “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, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE A MATTER OF DEALING OR DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN NO EVENT RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECTUNINTENDED, INCIDENTAL, PUNITIVE OR EXEMPLARY SUBSTANTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED RECOMMENDED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT AGREES THAT POWER BRANDSTHE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL WE ARE NOT BE LIABLE TO CLIENT ACCOUNTABLE FOR ANY ACTIONSSUCH TYPOGRAPHICAL, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESTECHNICAL, OR LOSSES PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN ANY WAY ARISING OUT OF EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR RELATING WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE WEBSITE AT ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, TIME WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINNOTICE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER THE AMS SERVICE PROVIDED, INCLUDING BUT NOT LIMITED TO WEBSITE HOSTING, EMAIL HOSTING, AND THE RESULTS ONLINE ADVERTISING AND PROCEEDS THEREOF MARKETING, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESBASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESSED EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCENON-INFRINGEMENT. IN AMS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE AMS SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO EVENT SHALL POWER BRANDS ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AMS, ITS EMPLOYEES, OFFICERS AND/LICENSORS OR DIRECTORS AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL AMS, OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL OR EXEMPLARY DAMAGESCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE AMS SERVICE, COSTSINCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE AMS SERVICE; OR THAT RESULT FROM MISTAKES, EXPENSESOMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR LOSSES (INCLUDINGTRANSMISSION, WITHOUT LIMITATION, LOST PROFITS)OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CLIENT HAS BEEN ADVISED LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AMS RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT AMS IS GIVEN NOTICE OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM AMS AND ITS AFFILIATES. CLIENT AGREES THAT POWER BRANDSUNDER NO CIRCUMSTANCES, ITS EMPLOYEES, OFFICERS AND DIRECTORSUNDER THE TERMS OF THIS AGREEMENT, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSESDAMAGES INCLUDE LOSS OF BUSINESS, OR LOSSES IN ANY WAY ARISING OUT LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR RELATING TO OTHERWISE. THE PERFORMANCE AND OR NONPERFORMANCE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINWHATEVER REASON.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAJ DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT NON- INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS PAJ BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESMETAMASK WALLET AND/OR OZONE NETWORKS, INC D/B/A OPENSEA. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAJ’S TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT PAJ 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE NODE SOFTWARE AND XAI NETWORK ARE ISSUED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE RESULTS COMPANY DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO SUCH “AS-IS” AND PROCEEDS THEREOF "“AS IS" AVAILABLE” BASIS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT (EXCEPT AS EXPRESSLY PROVIDED HEREIN) AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIESEXPRESS, EXPRESSED IMPLIED OR IMPLIEDSTATUTORY WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT THE COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION SHALL BE APPLIED TO THE MINIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY TYPE OR NATURE HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY EXEMPLARY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTSLOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND NODE SOFTWARE OR NONPERFORMANCE THE XAI NETWORK, WHETHER OR NOT THE POSSIBILITY OF THIS AGREEMENT SUCH DAMAGES HAS BEEN DISCLOSED TO OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID COULD HAVE BEEN REASONABLY FORESEEN BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY YOU, REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, LEGAL OR LOSS, WHETHER IN EQUITABLE THEORY (CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THIS IN ADDITION, UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S AGGREGATE LIABILITY UNDER THE AGREEMENT EXCEED ONE-HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION SHALL OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED TO YOU.IF YOU ARE DISSATISFIED WITH THE NODE SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY PROVIDED HEREINIS TO DISCONTINUE USING THE NODE SOFTWARE.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES 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 PERFORMED HEREUNDER MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE RESULTS INTERNET. YOU ACKNOWLEDGE AND PROCEEDS THEREOF "AS IS" AGREE THAT FAMILY TELADOC DOES NOT OPERATE OR CONTROL THE INTERNET AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESTHAT (1) VIRUSES, EXPRESSED WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR IMPLIEDSOFTWARE, 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 LIMITATION, ANY WARRANTY OF ANY KIND. FAMILY TELADOC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE 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 DAMAGES TO YOUR DEVICE, 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, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY IMPLIED WARRANTY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF MERCHANTABILITY THE SERVICES. FAMILY TELADOC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED 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 ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FAMILY TELADOC SHALL CREATE ANY ADDITIONAL FAMILY TELADOC WARRANTIES ARISING FROM COURSE OR IN ANY WAY INCREASE THE SCOPE OF DEALING OR COURSE OF PERFORMANCEFAMILY TELADOC’S OBLIGATIONS HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POWER BRANDS FAMILY TELADOC COMPANY OR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AFFILIATES, AGENTS, REPRESENTATIVES, SALES ASSOCIATES, INDEPENDENT ASSOCIATES, SUPPLIERS, RESELLERS, PARTNER COMPANIES, TELADOC, EMPLOYEES, OFFICERS AND/AGENTS, LINKED-TO MERCHANTS OR DIRECTORS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIALCOST TO PROCURE SUBSTITUTE SERVICES, SPECIALOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE PUNITIVE, EXEMPLARY OR EXEMPLARY ANY OTHER DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATIONINCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS), WHETHER LOSS OF ANY SERVICES, OTHER INTANGIBLE LOSSES OR NOT CLIENT HAS BEEN ADVISED 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 INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSSERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF FAMILY TELADOC, ITS EMPLOYEES, OFFICERS INDEPENDENT ASSOCIATES, PARTNER COMPANIES, TELADOC, SELF HEALTH OR LINKED-TO MERCHANTS HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN ANY CASE AND DIRECTORSWITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF FAMILY 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 BE LIABLE INTENDED TO CLIENT FOR ANY ACTIONSESTABLISH 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, CLAIMSOR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, LIABILITIESSO SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FAMILY TELADOC, COSTSITS INDEPENDENT ASSOCIATES, EXPENSES, PARTNER COMPANIES OR LOSSES LINKED-TO MERCHANTS SHALL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY ARISING OUT INCREASE THE SCOPE OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENTFAMILY TELADOC’S OBLIGATIONS HEREUNDER. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.GENERAL LEGAL TERMS

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "AS IS" AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESSPIE warrants that it is entitled to grant the licenses granted in this Agreement, EXPRESSED and is authorized to execute this Agreement. XXXX MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE SPIE DIGITAL LIBRARY, WITHOUT LIMITATIONINCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. IN NO EVENT SPIE SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE LIABLE FOR ANY CONSEQUENTIALFOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY OTHER DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE THE SPIE DIGITAL LIBRARY, SPIE'S PERFORMANCE AND OR NONPERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SPIE OR POWER BRANDS’ SERVICES HEREUNDER THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR AN AGGREGATE AMOUNT IN EXCESS ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS ANY BREACH OR TERMINATION OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO SPIE FOR THE SPIE DIGITAL LIBRARY SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, WHICH SUCH CLAIM, LIABILITY, COST, EXPENSE, LOSS OR LOSSDAMAGE OCCURRED, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)TORT, OR OTHERWISE. THIS , INCLUDING WITHOUT LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.DUE TO

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "EXCEPT AS IS" EXPRESSLY SET FORTH IN THIS AGREEMENT, WELLMARK DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND ANY INCLUDING IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE PURPOSE, REGARDING ANY OF DEALING THE SERVICES WELLMARK PROVIDES OR COURSE OF PERFORMANCEARRANGES TO PROVIDE UNDER THIS AGREEMENT. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS WELLMARK BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY SPECIAL DAMAGES, COSTS, EXPENSES, LOSS OF DATA OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT EVEN IF WELLMARK HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. CLIENT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND 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 HEALTH CARE PROFESSIONAL. THE HEALTH INFORMATION IS INTENDED TO 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 POWER BRANDSWELLMARK IS NOT RESPONSIBLE FOR THE RESULTS OF ITS MEMBERS’ USE OF SUCH INFORMATION INCLUDING, ITS EMPLOYEESBUT NOT LIMITED TO, OFFICERS MEMBERS CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR MEMBERS CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. XXXXXXXX DOES NOT MAKE AND DIRECTORSHEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, SHALL NOT BE LIABLE EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE MEDICAL MANAGEMENT SERVICES, THEIR ABILITY TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, REDUCE COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINIMPROVE OUTCOMES.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND Section 9 only applies if you are NOT a EU, UK, EEA, or Swiss resident or registered business. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE RESULTS AND PROCEEDS THEREOF "SOFTWARE, INCLUDING ANY CONTENT, ANY MATERIALS, OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF XXXXXX PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS" ” AND XXXXXX AND ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIMS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, EXPRESSED AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGINCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, THE QUALITY OF THE SOFTWARE OR ANY ASSOCIATED PRODUCTS OR SERVICES, CONTENT PROVIDED BY XXXXXX, THIRD PARTY CONTENT, TIMELINESS, OR NON-INTERRUPTION. XXXXXX, ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR OR YOUR BUSINESS, YOUR ACCOUNT, YOUR RELIANCE ON THE SOFTWARE AND SERVICES, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE SOFTWARE, SERVICES, OR THIRD PARTY SERVICES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATING TO THIS XXXX, OUR SOFTWARE, OR ANY CONTENT THEREIN, INCLUDING WITHOUT LIMITATION, SOCIAL MEDIA ACCOUNTS, THIRD PARTY CONTENT OR ANY WARRANTY THIRD PARTY SERVICES, EVEN IF INFORMED OF NON-INFRINGEMENT THE POSSIBILITY OF SUCH DAMAGE, AND ANY IMPLIED WARRANTY EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEITS ESSENTIAL PURPOSE. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS XXXXXX BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSESMORE THAN THE AMOUNT PAID BY YOU TO XXXXXX IN THE 6-MONTHS PRECEDING THE CLAIM, OR LOSSES (INCLUDING€10, WHICHEVER IS GREATER. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE ESSENTIAL TO THIS XXXX AND THAT XXXXXX WOULD NOT ALLOW ACCESS THE SOFTWARE AND SERVICES, WITHOUT LIMITATION, LOST PROFITS), WHETHER ACCEPTANCE OF THIS XXXX. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR NOT CLIENT HAS BEEN ADVISED RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF XXXXXX FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSGROSS NEGLIGENCE OF XXXXXX, ITS EMPLOYEES, OFFICERS AND DIRECTORSOR ITS AGENTS; (II) WILLFUL MISCONDUCT OF XXXXXX, SHALL NOT INCLUDING FRAUDULENT CONCEALMENT OF DEFECTS; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIABLE TO CLIENT FOR ANY ACTIONSLIMITED OR EXCLUDED BY APPLICABLE LAW. IN SUCH JURISDICTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID GREATEST EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ALL LICENSED NFTs ARE PROVIDED “AS IS" ” AND HEREBY EXPRESSLY “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NIFTY LAB DISCLAIMS ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY IMPLIED WARRANTIES OF NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL POWER BRANDS NIFTY LAB BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR ITS EMPLOYEESSERVICES, OFFICERS LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DIRECTORS BE LIABLE DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY CONSEQUENTIALFORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE LICENSED NFT, THE AUCTION, ANY TECHNOLOGY AND/OR EXEMPLARY DAMAGESPARTIES RELATED TO THE AUCTION, COSTSINCLUDING BUT NOT LIMITED TO BLOCKCHAIN, EXPENSESMETAMASK WALLET AND/OR OZONE NETWORKS, INC D/B/A OPENSEA. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR LOSSES (INCLUDINGFALL UNDER ANY OTHER CAUSE OF ACTION, WITHOUT LIMITATION, LOST PROFITS), WHETHER OR NOT CLIENT REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDSOF SUCH LOSS OR DAMAGE, ITS EMPLOYEESAND IN ANY EVENT, OFFICERS AND DIRECTORSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIFTY LAB’S TOTAL AGGREGATE LIABILITY SHALL NOT BE LIABLE EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO CLIENT NIFTY LAB 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 ACTIONSBREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID EXTENT PERMITTED BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINAPPLICABLE LAW.

Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS EXCEPT AS EXPRESSLY PROVIDED HEREIN, ZIPCAR MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES PERFORMED HEREUNDER AND OR THE RESULTS AND PROCEEDS THEREOF "AS IS" SUBJECT MATTER OF THIS AGREEMENT AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR EXPRESS, IMPLIED, INCLUDINGOR STATUTORY, WITHOUT LIMITATIONINCLUDING WARRANTIES OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS WARRANTY IS MADE THAT THE SERVICES WILL MEET CITY’S REQUIREMENTS. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, INCLUDING LOST PROFITS), WHETHER LOSS OF DATA OR NOT CLIENT INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH LOSS. CLIENT AGREES THAT POWER BRANDSEXCEPT WITH RESPECT TO INCIDENTS FALLING IN AND COVERED BY THE INSURANCE REQUIREMENTS OF PARAGRAPH 2 OF SCHEDULE C, ITS EMPLOYEESAND THE INDEMNITY PROVISION CONTAINED HEREIN, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES NEITHER PARTY’S LIABILITY HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDSWILL EXCEED $5,000. THE PROVISIONS FOREGOING LIMITATION OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, LIABILITY IS NOT INTENDED TO LIMIT EITHER PARTY’S LIABILITY FOR GROSS NEGLIGENCE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINWILLFUL MISCONDUCT.

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Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS THE SERVICES PERFORMED HEREUNDER AND THE RESULTS AND PROCEEDS THEREOF "ARE PROVIDED ON AN “AS IS" ” AND “AS AVAILABLE” BASIS. TECH LADIES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN) WITH RESPECT TO THE SERVICES OR ANY FEATURES RELATED THERETO, WITHOUT LIMITATIONINCLUDING ANY WARRANTIES OF MERCHANTABILITY, ANY WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OR COMPLETENESS OF DATA, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCEDEALING. IN NO EVENT CLIENT EXPRESSLY AGREES THAT TECH LADIES SHALL POWER BRANDS OR ITS EMPLOYEES, OFFICERS AND/OR DIRECTORS NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, CONDUCT OF A CANDIDATE. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE EXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES, COSTSINCLUDING WITHOUT LIMITATION LOST PROFITS, EXPENSESLOST INCOME, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS)ANY CLAIM OR DEMAND BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR NOT CLIENT HAS BEEN ANY OTHER THEORY, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OF THE FOREGOING. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS OR ENTITY OTHER THAN CLIENT AND POWER BRANDSBREACH OF THE C2C DPA, EACH PARTY’S LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED TEN THOUSAND DOLLARS. THE PROVISIONS OF THIS PARAGRAPH FOREGOING LIMITATIONS ON LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF THE FORM OF ACTIONOF, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE PURPOSE, OR ANY LIMITED OR EXCLUSIVE REMEDY OF ANY LIMITED REMEDY PROVIDED HEREINKIND.

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Disclaimer of Warranties; Limitation of Liability. POWER BRANDS PROVIDES ITS SERVICES PERFORMED HEREUNDER 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 RESULTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND PROCEEDS THEREOF "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 OF ANY KIND, AND EMERSON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIESWARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EXPRESSED EITHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY THE IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY MERCHANTABILITY, OF MERCHANTABILITY OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE PURPOSE, OF DEALING ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EMERSON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR COURSE SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PERFORMANCETHE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL POWER BRANDS ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMERSON OR ITS EMPLOYEESAUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, OFFICERS AND/YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIALCORRECTION. If you are using the Software on an Apple iOS device, SPECIALin the event of any failure of the Software to conform to any applicable warranty, INDIRECTyou may notify Apple, INCIDENTALand Apple will refund the purchase price for the Software to you, PUNITIVE OR EXEMPLARY DAMAGESbut to the maximum extent permitted by applicable law, COSTSApple will have no other warranty obligation whatsoever with respect to the Software, EXPENSESand any other claims, OR LOSSES 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 (INCLUDINGother 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. If these laws apply to you, WITHOUT LIMITATIONsome or all the exclusions or limitations set out in this XXXX may not apply to you, LOST PROFITS), WHETHER OR NOT CLIENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CLIENT AGREES THAT POWER BRANDS, ITS EMPLOYEES, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE TO CLIENT FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE PERFORMANCE AND OR NONPERFORMANCE OF THIS AGREEMENT OR POWER BRANDS’ SERVICES HEREUNDER FOR AN AGGREGATE AMOUNT IN EXCESS OF FEES ACTUALLY PAID BY CLIENT TO POWER BRANDS FOR THE SERVICES PERFORMED IN ACCORDANCE WITH THIS AGREEMENT. NO TERMS OF THIS AGREEMENT SHALL BENEFIT OR CREATE ANY RIGHT OR CAUSE OF ACTION IN OR ON BEHALF OF ANY PERSON OR ENTITY OTHER THAN CLIENT AND POWER BRANDS. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREINand you may have additional rights.

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