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

Disclaimer of Warranties; Limitation of Liability. THE LIMITED WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties; Limitation of Liability. While EIDR encourages the ongoing development of the Registry and the submission of accurate and complete data to the Registry, EIDR CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE LIMITED SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ANY KIND. EIDR DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF INFRINGEMENT. EIDR DOES NOT WARRANT THAT THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS REGISTRY OR IMPLIED, STATUTORY THE REGISTRY DATA WILL BE UNINTERRUPTED OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICSERROR- FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT REGISTRY SERVERS ARE INCONSISTENT HEREWITH FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR SUBSCRIBER SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR INDIRECT DAMAGES UNDER ANY THEORY LOSS OF LIABILITY. THIS LIMITATION SHALL APPLY 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 WHERE IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. THE LIMITED WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF CONTENT, THE SERVICES AND THE SITE AND ALL OTHER WARRANTIESMATERIALS ARE PROVIDED ON AN “AS IS” BASIS. AIRTH, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND 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 MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY 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. NEITHER AIRTH, ITS AFFILIATES, LICENSORS AND 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 LIMITED TOTO 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 IMPLIED WARRANTIES SERVICES OR THE SITE. NEITHER AIRTH, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, OR EACH OF FITNESS FOR A PARTICULAR PURPOSETHEIR RESPECTIVE DIRECTORS, SATISFACTORY QUALITYOFFICERS, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIESEMPLOYEES, EXPRESS CONSULTANTS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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. AGENTS MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON THAT THE CONTENT, THE SERVICES OR ENTITYTHE SITE WILL BE UNINTERRUPTED, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED 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 PROFITSERROR FREE, OR FOR ANY SPECIALFREE FROM DEFECTS, CONSEQUENTIAL, INCIDENTAL, VIRUSES OR INDIRECT DAMAGES UNDER ANY THEORY OF LIABILITYOTHER HARMFUL COMPONENTS. THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED CUSTOMER EXPRESSLY AGREES THAT USE OF THE POSSIBILITY OF SUCH DAMAGESSITE AND THE DATABASE IS AT YOUR SOLE RISK.

Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES EXPRESSLY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU HEREIN, NO PARTY HERETO MAKES ANY WARRANTIES AND DISCLAIMS ANY IMPLIED WARRANTIES OF ALL OTHER WARRANTIESANY KIND, EXPRESS OR IMPLIEDINCLUDING, INCLUDING BUT NOT LIMITED TO, THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR AGAINST INFRINGEMENT WITH REGARD TO THE TECHNOLOGY, SATISFACTORY QUALITYTHE TRADEMARK, AND NON-INFRINGEMENT OR THE PERFORMANCE OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESITS OBLIGATIONS HEREUNDER. CYBERONICS AND ITS THIRD EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR GROSS NEGLIGENCE, NO PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON CYBERONICS OR ITS THIRD PARTY SUPPLIERS (IF ANY). IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE ANY OTHER PARTY FOR LOST PROFITSWITH RESPECT TO ANY PUNITIVE, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INCIDENTAL OR INDIRECT DAMAGES UNDER ANY THEORY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS ARISING OUT OF LIABILITY. THE PERFORMANCE OF NONPERFORMANCE OF THIS LIMITATION SHALL APPLY AGREEMENT, EVEN WHERE IF THE PARTY HAS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR GROSS 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. EXCEPT TO THE LIMITED WARRANTY EXTENT EXPRESSLY PROVIDED FOR IN SCHEDULE D TO THIS AGREEMENT, [Adworx Financial] MAKES NO REPRESENTATIONS OR WARRANTIES UNDER THIS AGREEMENT IS OFFERED IN LIEU OF TO REFERRAL PARTNERS OR ITS LEADS AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, SATISFACTORY QUALITY, [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 OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES(II) ANY ECONOMIC OR OTHER BENEFIT THAT REFERRAL PARTNER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL [Adworx Financial] WILL 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, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIALPUNITIVE, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR INDIRECT DAMAGES UNDER ANY REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY LIABILITY (INCLUDING NEGLIGENCE), EVEN WHERE THE PARTY IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties; Limitation of Liability. TO THE LIMITED WARRANTY FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH INDIVIDUAL WHO PARTICIPATES IN THE OFFER ACKNOWLEDGES AND AGREES, THAT ANY TICKETS RECEIVED IN CONNECTION THEREWITH ARE PROVIDED IN SCHEDULE D TO THIS AGREEMENT AS-IS OFFERED IN LIEU OF ALL OTHER WARRANTIESWITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOIN FACT OR AT LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE IMPLIED WARRANTIES USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, . SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND NON-INFRINGEMENT CONDITIONS. EACH PARTICIPANT FURTHER ACKNOWLEDGES THAT NONE OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH RELEASED PARTIES SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON CYBERONICS RESPONSIBLE OR ITS THIRD PARTY SUPPLIERS (IF ANY). IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS, OR FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCIDENTALSPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR INDIRECT OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF LIABILITY. THIS LIMITATION SHALL APPLY OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE OFFER, EVEN WHERE IF FORESEEABLE OR EVEN IF THE PARTY HAS RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSAME.

Disclaimer of Warranties; Limitation of Liability. 9.1 THE LIMITED WARRANTY FEATURES AND SERVICES ON THE SITE ARE PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MYGAMEX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER ALL SUCH WARRANTIES, EXPRESS OR IMPLIEDREPRESENTATIONS, STATUTORY OR OTHERWISECONDITIONS, REGARDING THE “PRODUCTS”, UNDERTAKINGS AND CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) TERMS ARE 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 EXCLUDED. 9.2 MYGAMEX MAKES NO REPRESENTATIONS OR WARRANTIES MADE BY ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY PERSON INFORMATION PROVIDED ON OR ENTITYTHROUGH THE SITE. MYGAMEX DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, INCLUDING EMPLOYEES IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF DISTRIBUTOR PRODUCTS OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT BE BINDING UPON CYBERONICS OR ITS VIOLATE ANY THIRD PARTY SUPPLIERS (IF ANY)RIGHTS; AND MYGAMEX MAKES NO REPRESENTATIONS OR WARRANTIES 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, and 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. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOST PROFITSNo advice or information, OR FOR ANY SPECIALwhether oral or written, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESobtained 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. In the 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 Materials within ninety (90) days after shipment to USER, provide a replacement copy without media defect. BAPCO AND THE LIMITED WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF APPLICATION VENDORS DISCLAIM AND EXCLUDE ALL OTHER WARRANTIESWARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TORELATING TO THE SALE, USE OR PERFORMANCE OF THE IMPLIED WARRANTIES 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, SATISFACTORY QUALITY, AND NON-INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESOR NEGLIGENCE. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIESEXCEPT AS SET FORTH IN THIS SECTION 8, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING USER ACCEPTS THE MATERIALS “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON CYBERONICS OR ITS THIRD PARTY SUPPLIERS (IF ANY). AS IS.” IN NO EVENT SHALL EITHER PARTY WILL BAPCO OR ANY APPLICATION VENDOR BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIALINCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCIDENTALINCLUDING THE SALE, USE OR INDIRECT DAMAGES UNDER ANY THEORY PERFORMANCE OF LIABILITY. THIS LIMITATION THE MATERIALS, EVEN IF BAPCO SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL. 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. TO THE LIMITED WARRANTY PROVIDED IN SCHEDULE D FULLEST EXTENT PERMISSIBLE PURSUANT TO THIS AGREEMENT IS OFFERED IN LIEU OF ALL OTHER APPLICABLE LAW, SPHERE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER WARRANTIESINDUCEMENTS, EXPRESS OR EXPRESS, IMPLIED, STATUTORY ORAL, WRITTEN, OR OTHERWISE, REGARDING THE “PRODUCTS”EXCEPT AS EXPRESSLY SET FORTH HEREIN. EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS, 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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIALPUNITIVE, INDIRECT, INCIDENTAL, OR INDIRECT CONSEQUENTIAL DAMAGES UNDER ANY THEORY (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY. THIS LIMITATION SHALL APPLY ), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOSS OF OR CORRUPTION TO DATA, OR LOST PROFITS (EVEN WHERE THE IF A PARTY HAS BEEN WAS ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES.ANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON, WHETHER BY KUBIENT OR BY SPHERE

Disclaimer of Warranties; Limitation of Liability. THE 8.1 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 WARRANTY PROVIDED TO, LOSS OF PRODUCTION TIME, PROFITS, REVENUE, OR BUSINESS) RESULTING FROM OR IN SCHEDULE D 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 IS OFFERED OR (II) THE FAILURE BY EITHER PARTY TO DEVELOP ANY PRODUCTS OR PROCESSES IN LIEU ACCORDANCE WITH THE JOINT DEVELOPMENT PROGRAM. THIS LIMITATION APPLIES REGARDLESS OF ALL WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER WARRANTIESLEGAL THEORY. 8.2 BIOSARA ACKNOWLEDGES THAT THE DEVELOPMENT ACTIVITIES ARE EXPERIMENTAL IN NATURE AND THAT QUICK-MED MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO QUICK-MED ANTIMICROBIAL TECHNOLOGY, SATISFACTORY QUALITYOR ANY DATA, AND NON-INFRINGEMENT PRODUCTS OR OTHER RESULTS OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDEVELOPMENT ACTIVITIES HEREUNDER.

Disclaimer of Warranties; Limitation of Liability. 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 to the extent such exclusion or limitation is not permitted by Applicable Law. For the avoidance of doubt, the application of this Section shall be subject to Sections 16(g) and 16(h). b) THE LIMITED 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 AFFILIATE OF ANY OF THE FOREGOING MAKE ANY WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ALL OTHER WARRANTIESMERCHANTABILITY, EXPRESS FITNESS FOR A PARTICULAR PURPOSE OR IMPLIEDUSE OR ANY WARRANTY ON THE COMPLETENESS, INCLUDING ACCURACY 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). SUBSCRIBER RECOGNIZES THAT THE IMPLIED WARRANTIES ACCURACY OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYTHE 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 NON-INFRINGEMENT 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 INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIESFOREGOING SHALL HAVE ANY LIABILITY, EXPRESS OR IMPLIEDWHETHER DIRECT, STATUTORY CONTINGENT OR OTHERWISE, REGARDING FOR ANY DELAYS, INTERRUPTIONS, ERRORS, OMISSIONS, MALFUNCTIONS, OR INACCURACIES IN THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED 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 PROFITSSERVICES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTALDECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON THE SERVICES, OR INDIRECT DAMAGES UNDER FOR ANY THEORY INTERRUPTION, DELAY, DAMAGE OR CORRUPTION OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THE POSSIBILITY 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 SOLELY RESPONSIBLE FOR ANY DAMAGES TO SUBSCRIBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH DAMAGESMATERIAL. 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 OF 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 USE OF THE SERVICES AND INFORMATION, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND INFORMATION, ARE 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 ANY OF THE FOREGOING SHALL BE LIABLE FOR ANY DAMAGES OR LIABILITY OF ANY TYPE WHATSOEVER 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 SERVICES. g) NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS

Disclaimer of Warranties; Limitation of Liability. THE LIMITED WARRANTY PROVIDED EXCEPT AS EXPRESSLY SET FORTH IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ALL SECTION 7, THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, EXPRESS CONDITIONS, OR IMPLIEDOTHER TERMS CONCERNING THE APPLICATION OR THE SUPPORT SERVICES, AND LIFESHARE AND ITS LICENSORS EXPRESSLY DISCLAIM ANY OTHER WARRANTIES WITH REGARD TO THE APPLICATION OR THE SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO, THE WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON CYBERONICS OR ITS THIRD PARTY SUPPLIERS (IF ANY)RIGHTS. IN NO EVENT SHALL EITHER PARTY LIFESHARE OR ITS LICENSORS BE LIABLE TO THE OTHER PARTY FOR LOST ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTALLOSS OF GOODWILL, OR INDIRECT DAMAGES UNDER TORTIOUS CONDUCT RELATING TO, CAUSED BY, OR ARISING OUT OF ANY THEORY BREACH OF LIABILITY. THIS LIMITATION SHALL APPLY ITS OBLIGATIONS OR USER'S USE OR INABILITY TO USE THE APPLICATION, EVEN WHERE THE PARTY IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. 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. OSA warrants that it is entitled to grant the licenses granted in Agreement. THE LIMITED ONLINE JOURNALS ARE PROVIDED “AS Is” AND, EXCEPT AS SET FORTH IN THE PRECEDING OSA MAKES NO WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OR REPRESENTATION OF ALL OTHER WARRANTIESANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE JOURNALS, INCLUDING BUT NOT LIMITED TOTHEIR QUALITY, THE IMPLIED WARRANTIES OF FITNESS PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND OSA SHALL NOT BE BINDING UPON CYBERONICS LIABLE FOR ANY LOSS, INJURY, CLAIM, OR ITS THIRD PARTY SUPPLIERS (IF ANY)DAMAGE OF ANY RESULTING FROM THE UNAVAILABILITY OF THE ONLINE JOURNALS, OSA’S PERFORMANCE OR TERMINATION OF THIS AGREEMENT, INTERRUPTION OF THE SERVICES PROVIDED HEREUNDER, OR ARISING OUT OF OR IN CONNECTION WITH SUBSCRIBER’S USE OF THE ONLINE JOURNALS. IN NO EVENT OSA SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES UNDER ANY THEORY OF LIABILITYCONSEQUENTIAL DAMAGES. THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN IF ADVISED OF THE POSSIBILITY OF SUCH 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 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 Registry, EIDR OR USER CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE LIMITED SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ANY KIND. EIDR AND USER DISCLAIM ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONNON- INFRINGEMENT. EIDR AND USER DO NOT WARRANT THAT THE REGISTRY OR THE REGISTRY DATA WILL BE UNINTERRUPTED OR ERROR-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “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 WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICSFREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE INCONSISTENT HEREWITH FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR INDIRECT DAMAGES UNDER ANY THEORY LOSS OF LIABILITY. THIS LIMITATION SHALL APPLY 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 WHERE IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. THE LIMITED WARRANTY WORK IS PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU “AS IS”, AND ALL WARRANTIES OF ALL OTHER WARRANTIESANY KIND, EXPRESS PAST OR IMPLIEDPRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO, THE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITYACCURACY OF INFORMATIONAL CONTENT, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSOR DOES NOT MAKE ANY WARRANTY THAT THE WORK WILL BE 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 THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE “PRODUCTS”LICENSOR’S OBLIGATIONS HEREUNDER, 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. NEITHER LICENSEE NOR ANY OTHER REPRESENTATIONS AUTHORIZED USER MAY RELY ON ANY SUCH INFORMATION OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICS, THAT ARE INCONSISTENT HEREWITH SHALL BE DISREGARDED AND SHALL NOT BE BINDING UPON CYBERONICS OR ITS THIRD PARTY SUPPLIERS (IF ANY)ADVICE. IN NO EVENT SHALL EITHER PARTY LICENSOR BE LIABLE TO THE OTHER PARTY LICENSEE, ANY AUTHORIZED USER, OR ANY THIRD PARTY, FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES UNDER ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. , ARISING OUT OF OR IN CONNECTION WITH THIS LIMITATION SHALL APPLY EVEN WHERE THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAGREEMENT.

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

Disclaimer of Warranties; Limitation of Liability. While EIDR encourages the ongoing development of the Registry and the submission of accurate and complete data to the Registry, EIDR CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE LIMITED SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ANY KIND. EIDR DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF INFRINGEMENT. EIDR DOES NOT WARRANT THAT THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS REGISTRY OR IMPLIED, STATUTORY THE REGISTRY DATA WILL BE UNINTERRUPTED OR OTHERWISE, REGARDING THE “PRODUCTS”, AND CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) HEREBY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONERROR-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICSFREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT REGISTRY SERVERS ARE INCONSISTENT HEREWITH FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR SUBSCRIBER SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR INDIRECT DAMAGES UNDER ANY THEORY LOSS OF LIABILITY. THIS LIMITATION SHALL APPLY 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 WHERE IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES.

Disclaimer of Warranties; Limitation of Liability. While EIDR encourages the ongoing development of the Registry by its users and the submission of accurate and complete data to the Registry, EIDR CANNOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE LIMITED SUITABILITY, ACCURACY OR COMPLETENESS OF THE REGISTRY DATA OR REGISTRY. THE REGISTRY AND ITS REGISTRY DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY PROVIDED IN SCHEDULE D TO THIS AGREEMENT IS OFFERED IN LIEU OF ANY KIND. EIDR DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF INFRINGEMENT. EIDR DOES NOT WARRANT THAT THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) GRANT NO OTHER WARRANTIES, EXPRESS REGISTRY OR IMPLIED, STATUTORY THE REGISTRY DATA WILL BE UNINTERRUPTED OR OTHERWISE, REGARDING THE “PRODUCTS”, AND CYBERONICS AND ITS THIRD PARTY SUPPLIERS (IF ANY) HEREBY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONERROR-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON OR ENTITY, INCLUDING EMPLOYEES OF DISTRIBUTOR OR CYBERONICSFREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE REGISTRY SERVERS ARE INCONSISTENT HEREWITH FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER EIDR NOR USER SHALL BE DISREGARDED 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 FOR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR INDIRECT DAMAGES UNDER ANY THEORY LOSS OF LIABILITY. THIS LIMITATION SHALL APPLY 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 WHERE IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES.