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

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages OSA warrants that it is entitled to grant the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRYlicenses granted in Agreement. THE REGISTRY AND ITS REGISTRY DATA ONLINE JOURNALS ARE PROVIDED “AS ISIs” WITHOUT AND, EXCEPT AS SET FORTH IN THE PRECEDING OSA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE JOURNALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITYTHEIR QUALITY, FITNESS PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. EIDR AND USER DO OSA SHALL NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIALLOSS, INDIRECTINJURY, INCIDENTAL CLAIM, OR CONSEQUENTIAL DAMAGES OR DAMAGE OF ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCETHE UNAVAILABILITY OF THE ONLINE JOURNALS, OSA’S PERFORMANCE OR TERMINATION OF THIS AGREEMENT, INTERRUPTION OF THE SERVICES PROVIDED HEREUNDER, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIBER’S USE OR PERFORMANCE OF THE REGISTRY ONLINE JOURNALS. OSA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR REGISTRY DATA, CONSEQUENTIAL DAMAGES. EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. NO EVENT SHALL OSA’S LIABILITY EXCEED THE AMOUNT PAID TO OSA BY THE SUBSCRIBER FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH ANY CLAIM, LOSS OR LOSSES.DAMAGE OCCURRED, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. No claim may be made against OSA unless suit is filed thereon within one (1) year event giving rise to the

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryTHE CONTENT, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF SERVICES AND THE REGISTRY DATA OR REGISTRY. THE REGISTRY SITE AND ITS REGISTRY DATA ALL OTHER MATERIALS ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTY BASIS. AIRTH, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY KIND. EIDR AND USER DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR AND IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITYMERCHANTABLE QUALITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE SUITABILITY FOR ANY PARTICULAR PURPOSE, AND NON- INFRINGEMENTANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE CONTENT, THE SERVICES AND THE SITE AND ALL OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. EIDR NEITHER AIRTH, ITS AFFILIATES, LICENSORS AND USER DO RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE CONTENT, THE SERVICES AND THE SITE AND ALL OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT WARRANT LIMITED TO ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE CONTENT, THE SERVICES OR THE SITE. NEITHER AIRTH, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE REGISTRY CONTENT, THE SERVICES OR THE REGISTRY DATA SITE WILL BE UNINTERRUPTED OR ERROR-UNINTERRUPTED, ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTEDOR FREE FROM DEFECTS, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER EXPRESSLY AGREES THAT USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF SITE AND THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDATABASE IS AT YOUR SOLE RISK.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryTO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITYSPHERE MAKES NO WARRANTIES, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, (INCLUDING ALL THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE), THAT ANY DEFECTS WILL BE CORRECTEDGUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHER HARMFUL COMPONENTSOTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. NEITHER EIDR NOR USER EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCESTRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, RESOURCES LOST BUSINESS, LOSS OF OR PROFITSCORRUPTION TO DATA, WHETHER IN AN ACTION OR LOST PROFITS (EVEN IF A PARTY WAS ADVISED OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONTHE POSSIBLITY OF ANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE USE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON, WHETHER BY KUBIENT OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.BY SPHERE

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryEXCEPT AS EXPRESSLY SET FORTH IN SECTION 7, EIDR THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, OR USER CANNOT MAKE ANY REPRESENTATIONS OTHER TERMS CONCERNING THE APPLICATION OR WARRANTIES ABOUT THE SUITABILITYSUPPORT SERVICES, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND LIFESHARE AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF LICENSORS EXPRESSLY DISCLAIM ANY KIND. EIDR AND USER DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS WITH REGARD TO THE APPLICATION OR IMPLIEDTHE SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENTNON-INFRINGEMENT OF THIRD PARTY RIGHTS. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY IN NO EVENT SHALL LIFESHARE OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCEDAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF USETORTIOUS CONDUCT RELATING TO, RESOURCES CAUSED BY, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF ANY BREACH OF ITS OBLIGATIONS OR IN CONNECTION WITH THE USER'S USE OR PERFORMANCE OF INABILITY TO USE THE REGISTRY OR REGISTRY DATAAPPLICATION, EVEN IF THE OTHER PARTY USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR LOSSESDAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIFESHARE AND ITS LICENSORS ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM USER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY USER AGAINST LIFESHARE.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT. EIDR AND USER DO DOES NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users a) Nothing in this Section 10 shall exclude or limit SmartCharts liability for death or personal injury resulting from SmartCharts’ negligence or for fraud or fraudulent misrepresentation, in each case if and the submission of accurate and complete data to the Registryextent such exclusion or limitation is not permitted by Applicable Law. For the avoidance of doubt, EIDR the application of this Section shall be subject to Sections 16(g) and 16(h). b) THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NEITHER SMARTCHARTS, THE DATA PROVIDERS, THE SERVICE FACILITATORS, THE SOFTWARE PARTNERS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE OR USER CANNOT AFFILIATE OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE OR ANY WARRANTY ON THE COMPLETENESS, TITLE AND NON- INFRINGEMENTACCURACY OR QUALITY OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS, ACCURACY OF TRADE SIGNALS GENERATED BY OUR PROPRIETARY STRATEGIES, RISK SIZING CALCULATIONS ETC). EIDR AND USER DO NOT WARRANT SUBSCRIBER RECOGNIZES THAT THE REGISTRY ACCURACY OF THE INFORMATION SHOULD BE CHECKED BEFORE SUBSCRIBER RELIES ON IT. NEWS STORIES REFLECT ONLY THE AUTHOR'S OPINION AND NOT THAT OF SMARTCHARTS. c) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SMARTCHARTS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR, AND THAT NEITHER SMARTCHARTS, THE DATA PROVIDERS, THE SERVICE FACILITATORS, THE SOFTWARE PARTNERS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE OR AFFILIATE OF ANY OF THE REGISTRY DATA FOREGOING SHALL HAVE ANY LIABILITY, WHETHER DIRECT, CONTINGENT OR OTHERWISE, FOR ANY DELAYS, INTERRUPTIONS, ERRORS, OMISSIONS, MALFUNCTIONS, OR INACCURACIES IN THE SERVICES, OR FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON THE SERVICES, OR FOR ANY INTERRUPTION, DELAY, DAMAGE OR CORRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THE SERVICES. d) SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY OR THROUGH THE SERVICES IS DONE AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGES TO SUBSCRIBER'S COMPUTER SYSTEM OR ERROR-FREELOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT SMARTCHARTS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE SERVICES. SMARTCHARTS DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY OF THE SERVICES. SMARTCHARTS DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY DATA, INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. e) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY DEFECTS WILL BE CORRECTEDOF THE INFORMATION OBTAINED BY OR THROUGH THE SERVICES ARE INTENDED TO SUPPLY INVESTMENT, FINANCIAL, TAX OR LEGAL ADVICE NOR DO THEY CONSTITUTE A RECOMMENDATION OR ENDORSEMENT. SUBSCRIBER IS RESPONSIBLE FOR ITS OWN DECISION MAKING. SMARTCHARTS, OFFERS NO ADVICE REGARDING THE NATURE, POTENTIAL VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE REGISTRY SERVERS USE OF THE SERVICES AND INFORMATION, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND INFORMATION, ARE FREE MADE AT SUBSCRIBER'S OWN RISK. f) ANY ONLINE ORDER EXECUTION SERVICES YOU MAY UTILIZE IN CONNECTION WITH THE SERVICES ARE PROVIDED BY INDEPENDENT BROKER-DEALERS AND SIMILAR ENTITIES (COLLECTIVELY, "DIRECT ACCESS BROKERS") AND NOT BY SMARTCHARTS. IN ORDER TO UTILIZE SUCH SERVICES, SUBSCRIBER MUST HAVE AN EXISTING ACCOUNT WITH A DIRECT ACCESS BROKER OR SUBSEQUENTLY ESTABLISH AN ACCOUNT WITH A DIRECT ACCESS BROKER. SMARTCHARTS IS NOT A DIRECT ACCESS BROKER. THE DIRECT ACCESS BROKER SUBSCRIBER SELECTS IS SOLELY RESPONSIBLE FOR ITS SERVICES TO SUBSCRIBER AND SUBSCRIBER AGREES THAT NEITHER SMARTCHARTS, THE DATA PROVIDERS, THE SERVICE FACILITATORS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, OR AFFILIATE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER ANY OF THE FOREGOING SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIABILITY OF ANY DAMAGES TYPE WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUBSCRIBER'S USE OF SUCH SERVICES, INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES AND DELAYS, INTERRUPTIONS, ERRORS, OMISSIONS, OR MALFUNCTIONS IN RESPECT TO THE ORDERS TRANSMITTED BY SERVICE FACILITATORS OR DATA DISTRIBUTED BY DATA PROVIDERS. IN ADDITION, SUBSCRIBER ACKNOWLEDGES THAT SMARTCHARTS MAY COLLECT INFORMATION ABOUT SUBSCRIBER'S TRADING ACTIVITY FOR USE SOLELY IN ADMINISTERING SMARTCHARTS RELATIONSHIP WITH THE DIRECT ACCESS BROKER. FOR AUSTRALIAN RESIDENTS -IN ADDITION TO THE ABOVE PROVISIONS OF THIS CLAUSE, SUBSCRIBER AGREES THAT SMARTCHARTS DOES NOT ARRANGE ANY DEALING IN FINANCIAL PRODUCTS BY SUBSCRIBER THAT SUBSCRIBER MAY INITIATE THROUGH AN ONLINE ORDER EXECUTION SERVICE PROVIDED BY DIRECT ACCESS BROKERS UTILIZED THROUGH A SOFTWARE LINK THAT SUBSCRIBER USES IN CONNECTION WITH THE USE SERVICES. g) NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER SUCH DAMAGES OR LOSSES.ACTION HAS

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE WORK IS PROVIDED “AS IS” WITHOUT WARRANTY ”, AND ALL WARRANTIES OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS PAST OR IMPLIEDPRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ALL WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ACCURACY OF INFORMATIONAL CONTENT, TITLE, AND NON- INFRINGEMENTNON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. EIDR AND USER DO LICENSOR DOES NOT WARRANT MAKE ANY WARRANTY THAT THE REGISTRY OR THE REGISTRY DATA WORK WILL BE UNINTERRUPTED AVAILABLE TOTALLY WITHOUT INTERRUPTION OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LICENSOR’S OBLIGATIONS HEREUNDER, THAT AND NEITHER LICENSEE NOR ANY DEFECTS WILL AUTHORIZED USER MAY RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL LICENSOR BE CORRECTEDLIABLE TO LICENSEE, ANY AUTHORIZED USER, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES ANY THIRD PARTY, FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCEINDIRECT DAMAGES, OR LOSS HOWEVER CAUSED AND REGARDLESS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION THEORY OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONLIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESTHIS AGREEMENT.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryTO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EIDR OR USER CANNOT MAKE EACH INDIVIDUAL WHO PARTICIPATES IN THE OFFER ACKNOWLEDGES AND AGREES, THAT ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA TICKETS RECEIVED IN CONNECTION THEREWITH ARE PROVIDED “AS IS” AS-IS WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONSWARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS IN FACT OR AT LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF MERCHANTABILITYTHE TICKETS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. EIDR AND USER SOME JURISDICTIONS LIMIT OR DO NOT WARRANT THAT ALLOW THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE DISCLAIMER OF COMPUTER VIRUSES IMPLIED OR OTHER HARMFUL COMPONENTSWARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. NEITHER EIDR NOR USER EACH PARTICIPANT FURTHER ACKNOWLEDGES THAT NONE OF THE RELEASED PARTIES SHALL BE RESPONSIBLE OR LIABLE FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OTHER DAMAGES OR UNDER ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION, THEORY ARISING OUT OF OR RELATING IN CONNECTION WITH THE USE ANY WAY, DIRECTLY OR PERFORMANCE INDIRECTLY, TO REDEMPTION OF THE REGISTRY OR REGISTRY DATAOFFER, EVEN IF FORESEEABLE OR EVEN IF THE OTHER PARTY HAS RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESSAME.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT 9.1 THE SUITABILITY, ACCURACY OR COMPLETENESS OF FEATURES AND SERVICES ON THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA SITE ARE PROVIDED “ON AN "AS IS” WITHOUT WARRANTY OF " AND "AS AVAILABLE" BASIS, AND MYGAMEX HEREBY EXPRESSLY DISCLAIMS ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONSWARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITYCONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, TITLE REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND NON- INFRINGEMENTTERMS ARE HEREBY EXCLUDED. 9.2 MYGAMEX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. EIDR AND USER DO MYGAMEX DOES NOT REPRESENT OR WARRANT THAT THE REGISTRY MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE REGISTRY DATA WILL BE UNINTERRUPTED SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND MYGAMEX MAKES NO REPRESENTATIONS OR ERROR-FREEWARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE. 9.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk, THAT ANY DEFECTS WILL BE CORRECTEDand each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIALwhether oral or written, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESobtained by any User from MyGameX or through or from the Site shall create any warranty not expressly stated herein.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryEXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, EIDR OR USER CANNOT MAKE ANY [Adworx Financial] MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITYUNDER THIS AGREEMENT TO REFERRAL PARTNERS OR ITS LEADS AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONSWHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, TITLE [Adworx Financial] SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING: (I) THE AMOUNT OF REVENUE THAT REFERRAL PARTNER MAY RECEIVE UNDER OR IN CONNECTION WITH THIS AGREEMENT; AND NON- INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT (II) ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES ECONOMIC OR OTHER HARMFUL COMPONENTSBENEFIT THAT REFERRAL PARTNER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER EIDR NOR USER SHALL [Adworx Financial] WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, INDIRECTPUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE RELATED TO THIS AGREEMENT, REGARDLESS OF THE REGISTRY OR REGISTRY DATATHEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE OTHER PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDAMAGES.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users users and the submission of accurate and complete data to the Registry, NEITHER EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER WHATSO- EVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION CONNEC- TION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS LIMITED WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONSOTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE SATISFACTORY QUALITY, AND NON- INFRINGEMENTNON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EIDR CYBERONICS AND USER DO NOT WARRANT THAT ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE REGISTRY “PRODUCTS”, AND CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) HEREBY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. ANY OTHER REPRESENTATIONS OR THE REGISTRY DATA WILL BE UNINTERRUPTED WARRANTIES MADE BY ANY PERSON OR ERROR-FREEENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ANY DEFECTS WILL ARE INCONSISTENT HEREWITH SHALL BE CORRECTEDDISREGARDED AND SHALL NOT BE BINDING UPON CYBERONICS OR ITS THIRD PARTY SUPPLIERS (IF ANY). IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCEINCIDENTAL, OR LOSS INDIRECT DAMAGES UNDER ANY THEORY OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH LIABILITY. THIS LIMITATION SHALL APPLY EVEN WHERE THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDAMAGES.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages In the ongoing development case of any physical defect in the media containing the Materials, at USER’s request and as USER’s sole remedy, BAPCO shall, upon return of the Registry by its Users and the submission of accurate and complete data Materials within ninety (90) days after shipment to the RegistryUSER, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR provide a replacement copy without media defect. BAPCO AND THE APPLICATION VENDORS DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONSWHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS RELATING TO THE SALE, USE OR PERFORMANCE OF MERCHANTABILITYTHE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE; AND DISCLAIM ALL OTHER LIABILITY WITH RESPECT TO THE MATERIALS, TITLE AND NON- INFRINGEMENTINCLUDING WITHOUT LIMITATION ANY LIABILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENCE. EIDR AND EXCEPT AS SET FORTH IN THIS SECTION 8, USER DO NOT WARRANT THAT ACCEPTS THE REGISTRY MATERIALS “AS IS.” IN NO EVENT WILL BAPCO OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL APPLICATION VENDOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE SALE, USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATAMATERIALS, EVEN IF THE OTHER PARTY HAS BEEN ADVISED BAPCO SHALL HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESPOTENTIAL. BAPCO’S TOTAL LIABILITY FOR ANY REASON SHALL NOT IN ANY CASE EXCEED THE AMOUNT OF THE PURCHASE PRICE RECEIVED BY BAPCO FOR THE MATERIALS.

Disclaimer of Warranties; Limitation of Liability. 11.18.1 NEITHER BIOSARA NOR QUICK-MED SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO EACH OTHER OR THEIR RESPECTIVE AFFILIATES FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PRODUCTION TIME, PROFITS, REVENUE, OR BUSINESS) RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT, OR THE TERMINATION OF THIS AGREEMENT, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (I) BREACH OF THIS AGREEMENT OR (II) THE FAILURE BY EITHER PARTY TO DEVELOP ANY PRODUCTS OR PROCESSES IN ACCORDANCE WITH THE JOINT DEVELOPMENT PROGRAM. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryTHIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, EIDR NEGLIGENCE, OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT OTHER LEGAL THEORY. 8.2 BIOSARA ACKNOWLEDGES THAT THE SUITABILITYDEVELOPMENT ACTIVITIES ARE EXPERIMENTAL IN NATURE AND THAT QUICK-MED MAKES NO WARRANTY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERRORPURPOSE WITH RESPECT TO QUICK-FREE, THAT ANY DEFECTS WILL BE CORRECTEDMED ANTIMICROBIAL TECHNOLOGY, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES ANY DATA, PRODUCTS OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE RESULTS OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDEVELOPMENT ACTIVITIES HEREUNDER.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the RegistryEXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED HEREIN, EIDR OR USER CANNOT MAKE NO PARTY HERETO MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND. EIDR AND USER DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIEDINCLUDING, INCLUDING ALL BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT WITH REGARD TO THE TECHNOLOGY, TITLE AND NON- INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY TRADEMARK, OR THE REGISTRY DATA WILL BE UNINTERRUPTED PERFORMANCE OF ITS OBLIGATIONS HEREUNDER. EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR ERROR-FREEGROSS NEGLIGENCE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER NO PARTY SHALL BE LIABLE FOR TO ANY OTHER PARTY WITH RESPECT TO ANY PUNITIVE, SPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCEINDIRECT DAMAGES, OR LOSS OF USEINCLUDING WITHOUT LIMITATION, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATANONPERFORMANCE OF THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR LOSSESGROSS NEGLIGENCE, IN NO EVENT SHALL KITCHEN’S OR THRILLRIDES’ LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AGGREGATE AMOUNT OF ROYALTIES AND ADVANCES PAID OR PAYABLE BY LICENSEE TO LICENSOR HEREUNDER AS PROVIDED IN SECTION 1.c.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT. EIDR AND USER DO DOES NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SUBSCRIBER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. 11.1. While EIDR encourages the ongoing development of the Registry by its Users and the submission of accurate and complete data to the Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EIDR AND USER DISCLAIM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- NON-INFRINGEMENT. EIDR AND USER DO DOES NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SUBSCRIBER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE REGISTRY OR REGISTRY DATA, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.