Common use of Disclaimer of Warranties Clause in Contracts

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THE TRANSACTION DOCUMENTS, MODERNIZING MEDICINE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MODERNIZING MEDICINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, ANY PRODUCTS OR FEATURES IN CONNECTION WITH THE SOFTWARE, THE EMA SERVICES, THE ADDITIONAL SERVICES, THE PQRS SERVICES AND SOW SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, DATA, PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE SOFTWARE, REMAINS WITH THE MEDICAL PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODERNIZING MEDICINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE AND ANY PRODUCT(S), GOOD(S), INFORMATION, DATA OR MATERIALS PROVIDED BY MODERNIZING MEDICINE AS PART OF THE PRODUCT MANUALSOFTWARE, EMA SERVICES, ADDITIONAL SERVICES, PQRS SERVICES OR SOW SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, THE MODERNIZING MEDICINE IP, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWANY EMA SERVICE, THE SOFTWARE ADDITIONAL SERVICE, PQRS SERVICES OR SOW SERVICE IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONINFRINGEMENT. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY THIRD- PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF THIRD PARTY RIGHTSANY KIND, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, EITHER EXPRESS OR TRADE PRACTICEIMPLIED. EA MODERNIZING MEDICINE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH MAKE ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.REPRESENTATION REGARDING

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, IF APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY OTHERWISE PROVIDED IN THE PRODUCT MANUALTHIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH KIND TO YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMEXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, NONINFRINGEMENT INCLUDING, WITHOUT LIMITATION, ACTS OF THIRD PARTY RIGHTSGOVERNMENTAL AUTHORITIES, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGNATIONAL EMERGENCIES, USAGEINSURRECTION, WAR, OR TRADE PRACTICERIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ENJOYMENT ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE SOFTWARE; POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS TOTAL AMOUNT LOADED ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCARD. Card Account Access With your PIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUyou may use your Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Visa® , PULSE®, or MoneyPass® Acceptance Xxxx, or you may use the Card to withdraw funds over the counter at a financial institution that accepts debit cards bearing the applicable payment network brands on your Card, or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa® or PULSE® Acceptance Xxxx. Some of these services may not be available at all terminals. Using the Instant Financial App or by signing into your account at xxx.xxxxxxx.xx, you may transfer funds from your Card Account to other accounts you maintain with another financial institution whenever you request. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM, a POS device or through a participating bank (over-the-counter withdrawal), in each case in one or more transactions. The maximum amount that may be withdrawn from a Domestic ATM per transaction is $1,000.00. The maximum amount that may be withdrawn from a domestic ATM per day is $1,000.00 Please note that each ATM owner may establish limits as to how much cash may be obtained from an ATM at a single time or through a single location. The combined maximum cumulative amount that may be withdrawn in any combination from a POS device and/or through a participating bank (over-the-counter withdrawal) per month is $10,000.00. Any funds withdrawn from a POS device or through a participating bank will be subject to the maximum amount that can be spent on your Card per day. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. This means that you may need to visit more than one merchant if you are seeking to withdraw cash in an amount which is less than or equal to the total limit above, but more than the limit established by the individual merchant. When you use an ATM not in the MoneyPass network, you may be charged a fee by the ATM operator for any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We are not responsible for such fee. The amount of the surcharge should be disclosed at the ATM. Any such surcharge will be deducted from the balance of the Card, along with the amount of the withdrawal performed at the ATM and the fees that apply in accordance with the Fee Schedule. Your balance can be viewed at no charge within the Instant Financial app at any time or by signing into your account at xxx.xxxxxxx.xx.

Disclaimer of Warranties. EXCEPT FOR AS EXPRESSLY PROVIDED TO THE LIMITED WARRANTY CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALAN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWYOU WAIVE, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY RIGHTSPROVIDERS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGINTERNET OUTAGES, USAGEFORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR TRADE PRACTICEOTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ANY INFORMATION YOU STORE OR ERROR- FREETRANSFER THROUGH OUR SERVICES. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUso some or all of the disclaimers in this section may not apply to you.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY STATED IN THE PRODUCT MANUALTHIS SECTION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH WE EXPRESSLY DISCLAIM ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT AND ANY WARRANTY ARISING BY STATUTE, NONINFRINGEMENT OPERATION OF THIRD PARTY RIGHTSLAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO, AND WARRANTIES SPECIFICALLY DISCLAIM ANY, WARRANTY OR REPRESENTATION THAT THE CLOUD SERVICE: (IF ANYA) ARISING WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAIL SAFE OR FREE OF VIRUSES; (B) WILL MEET YOUR BUSINESS REQUIREMENTS OR OPERATE WITH YOUR CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK OR OTHERWISE PROVIDE COMPLETE PROTECTION AGAINST ANY SECURITY THREATS VULNERABILITIES. YOU WILL NOT MAKE ANY REPRESENTATION OR OTHER STATEMENT OR UNDERTAKE ANY ACT OR OMISSION INCONSISTENT WITH THIS SECTION. YOU ASSUME TOTAL RESPONSIBILITY FOR THE SELECTION OF THE CLOUD SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR YOUR USE OF THE RESULTS OBTAINED FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHE CLOUD SERVICES. EA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE CLOUD SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT WILL APPLY TO YOUTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, IF APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.. FOR ADDITIONAL INFORMATION RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO xxxx://xxxx.xx.xxx/au/article/origin- au-returns-and-cancellations/.

Disclaimer of Warranties. THE SERVICE, SOFTWARE, AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALPRECEEDING SECTION, dishNET PROVIDES THE SERVICE, SOFTWARE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, EQUIPMENT WITHOUT WARRANTY WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITIONTITLE, UNINTERRUPTED USENONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ACCURACY, NON- INTERFERENCE, COMPATIBILITY OF THIRD PARTY RIGHTSCOMPUTER SYSTEMS, INTEGRATION, AND WARRANTIES (IF ANY) THOSE ARISING FROM A COURSE OF DEALING, USAGE, DEALING OR COURSE OF TRADE PRACTICEAND DISCLAIMS ANY SUCH WARRANTIES. EA dishNET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY dishNET, ITS AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE SOFTWARE WILL INTEROPERATE TERMS OF THE LIMITED WARRANTY OR BE COMPATIBLE WITH THIS AGREEMENT OR CREATE ANY OTHER SOFTWARE WARRANTY. dishNET IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. dishNET TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. dishNET MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY ERRORS LIMITATION IN THE SOFTWARE THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.

Disclaimer of Warranties. EXCEPT FOR AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESSED OR IMPLIED, REGARDING THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALCARD, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSINCLUDING, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMLIMITATION, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIGHT TO BRING CIVIL ACTION Limited Liability. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, NONINFRINGEMENT INCLUDING, WITHOUT LIMITATION, ACTS OF THIRD PARTY RIGHTSGOD, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, MERCHANT OR ATM EQUIPMENT OR ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE PROHIBITED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK OR TRANSCARD SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARD (SUBJECT TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUT RELATES TO LOADING VALUE, OR THE AMOUNT OF THE AUTHORIZED TRANSFER OF VALUE ATTEMPTED (SUBJECT TO TRANSFER AND PURCHASE LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO VALUE TRANSFER TRANSACTONS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH FOR ANY OTHER SOFTWARE NEGLIGENCE OR THAT ANY ERRORS IN MISCONDUCT THE SOFTWARE WILL MAXIMUM LIABILITY SHALL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU$5,000.00.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ACRONIS SOFTWARE AND SERVICES AND ANY THIRD PARTY SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SET FORTH ABOVE 7 AND TO THE PRODUCT MANUAL, MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE ACRONIS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ACRONIS AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS AT YOUR OWN DISCRETION AND RISK, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, THAT YOU DOWNLOAD AND/OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF USE THE SOFTWARE; . YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. ACRONIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERYOU MAY HAVE OTHER WARRANTY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS WHICH MAY VARY FROM STATE TO STATE AND LIMITATIONS MAY NOT APPLY COUNTRY TO YOUCOUNTRY.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THE TRANSACTION DOCUMENTS, MODERNIZING MEDICINE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MODERNIZING MEDICINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, ANY PRODUCTS OR FEATURES IN CONNECTION WITH THE SOFTWARE,THE EMA SERVICES AND SOW SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, DATA, PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE SOFTWARE, REMAINS WITH THE MEDICAL PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODERNIZING MEDICINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE AND ANY PRODUCT(S), GOOD(S), INFORMATION, DATA OR MATERIALS PROVIDED BY MODERNIZING MEDICINE AS PART OF THE PRODUCT MANUALSOFTWARE, EMA SERVICES OR SOW SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, THE MODERNIZING MEDICINE IP, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE ANY EMA SERVICE OR SOW SERVICE IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONINFRINGEMENT. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF THIRD PARTY RIGHTSANY KIND, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, EITHER EXPRESS OR TRADE PRACTICEIMPLIED. EA MODERNIZING MEDICINE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH MAKE ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.REPRESENTATION REGARDING

Disclaimer of Warranties. Except as expressly set forth in Section 6.01 and subject to the limitations in ARTICLE VIII, the Parties acknowledge and agree that the Services are provided on an as-is, where-is basis, that each Recipient assumes all risks and liability arising from or relating to its use of and reliance upon the Services and each Provider makes no representation or warranty with respect thereto. EXCEPT FOR AS EXPRESSLY SET FORTH HEREIN, EACH PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALSERVICES, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES WHETHER EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED WARRANTIES OF CONDITIONANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, UNINTERRUPTED USEPERFORMANCE, COMMERCIAL UTILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSEPURPOSE OR USE, NONINFRINGEMENT TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS, THE RESULTS TO BE OBTAINED FROM SUCH SERVICES OR ARISING FROM COURSE OF THIRD PARTY RIGHTSPERFORMANCE, DEALING, USAGE OR TRADE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE EACH RECIPIENT, ON ITS BEHALF AND ON BEHALF OF DEALINGALL OF ITS AFFILIATES, USAGE, HEREBY ACKNOWLEDGES SUCH DISCLAIMER AND RECIPIENT SPECIFICALLY DISCLAIMS THAT IT IS RELYING UPON OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED HAS RELIED UPON ANY SUCH REPRESENTATION OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO PROVIDER NOR ANY OF ITS AFFILIATES GUARANTEES OR WARRANTS THE EXCLUSION CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY DATA OR LIMITATIONS ON IMPLIED WARRANTIES OTHER INFORMATION PROVIDED TO ANY RECIPIENT OR ITS AFFILIATES OR ITS REPRESENTATIVES IN CONNECTION WITH THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSERVICES.

Disclaimer of Warranties. EXCEPT FOR THE THIS LIMITED WARRANTY ON RECORDING MEDIA FOUND IN IS THE PRODUCT MANUALSOLE AND EXCLUSIVE WARRANTY GIVEN BY ENPHASE AND, AND EXCEPT TO THE FULLEST EXTENT PERMISSIBLE UNDER PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES AND CONDITIONS, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY LAW, COURSE OF ANY KINDDEALING, WITHOUT COURSE OF PERFORMANCE ASSURANCES USAGE OF TRADE, OR GUARANTEES OTHERWISE (INCLUDING WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WARRANTIES AS TO THE ACCURACY, SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR OTHER INFORMATION PROVIDED IN MANUALS OR OTHER DOCUMENTATION) SHALL BE LIMITED IN DURATION TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION DURATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A THIS LIMITED WARRANTY. SOME THE GRANT OF THIS LIMITED WARRANTY BY ENPHASE IS CONDITIONED UPON AGREEMENT BY THE COVERED OWNER TO THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION EXCLUSIONS ON THE DURATION OF AN IMPLIED WARRANTY OR FOR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LEGAL WARRANTIES. WHERE SUCH LAWS APPLY TO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCOVERED OWNER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OR LIMITATION MAY NOT APPLY TO YOUCOVERED OWNER, AND SUCH COVERED OWNER MAY HAVE ADDITIONAL RIGHTS. THIS LIMITED WARRANTY GIVES COVERED OWNER SPECIFIC LEGAL RIGHTS, AND COVERED OWNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY STATED IN THE PRODUCT MANUALTHIS SECTION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH MCAFEE EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. MCAFEE MAKES NO WARRANTY OR REPRESENTATION THAT THE CLOUD SERVICE: (A) WILL BE UNINTERRUPTED, NONINFRINGEMENT COMPLETELY SECURE, ERROR-FREE, FAILSAFE OR FREE OF THIRD PARTY RIGHTSVIRUSES; (B) WILL MEET COMPANY’S BUSINESS REQUIREMENTS OR OPERATE WITH COMPANY’S CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL PROVIDE COMPLETE PROTECTION AGAINST ANY SECURITY THREATS VULNERABILITIES. NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE SECURE. MCAFEE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENETWORKS, OR TRADE PRACTICESYSTEMS OUTSIDE MCAFEE’S CONTROL. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT COMPANY IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF ITS NETWORKS, SERVERS, APPLICATIONS AND ACCESS CODES. CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE SOFTWARE; THAT THE SOFTWARE INTERNET AND ELECTRONIC COMMUNICATIONS. MCAFEE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, LOSS OF COMPANY DATA OR DAMAGES RESULTING FROM THOSE PROBLEMS. COMPANY WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED NOT MAKE ANY REPRESENTATION OR ERROR- FREE, OTHER STATEMENT OR THAT THE SOFTWARE WILL INTEROPERATE UNDERTAKE ANY ACT OR BE COMPATIBLE OMISSION INCONSISTENT WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIS SECTION.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR AS PROVIDED IN SECTION 14 (LIMITED WARRANTY), THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALPRODUCT, SUPPORT, TRAINING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS ANY OTHER SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS- AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, . CCH AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY ITS VENDORS AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. ALL THIRD PARTY RIGHTSMATERIALS ARE PROVIDED AS-IS, AND WITHOUT WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGANY KIND. CCH MAKES NO WARRANTIES OF ANY KIND, USAGEEXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY MATERIAL IN THE PRODUCT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF THE SOFTWARE; SAME. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPRODUCT IS AT CUSTOMER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA CCH OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CCH’s OBLIGATIONS HEREUNDER. CCH IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A WARRANTYCOMPETENT PROFESSIONAL SHOULD BE SOUGHT. SOME JURISDICTIONS CUSTOMER ASSUMES ALL RESPONSIBILITY WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE PRODUCT. CUSTOMER AGREES THAT THE PRODUCT IS NOT INTENDED TO REPLACE CUSTOMER’S PROFESSIONAL SKILL AND JUDGMENT AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL. THE EFFACTS SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. CUSTOMER ACKNOWLEDGES AND AGREES THAT CCH AND ITS VENDORS AND LICENSORS DO NOT ALLOW OPERATE OR CONTROL THE EXCLUSION INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEB- SITES, COMPUTERS, OR NETWORKS. CCH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ACTIVITIES. ADDITIONALLY, NOR SHALL ANY SUCH ACTIVITIES CONSTITUTE A BREACH BY CCH OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS OBLIGATIONS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIALITY HEREUNDER.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE OF THE LIFE360 SERVICES IS AT YOUR SOLE RISK. EXCEPT AS SET OUT IN THESE TERMS OF SERVICE AND THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKELIFE360 LIMITED WARRANTY, AND HEREBY DISCLAIMAS PERMITTED BY APPLICABLE LAWS, THE LIFE360 SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY AND ALL KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON-INFRINGEMENT AND WARRANTIES (IF ANY) THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALINGDEALING OR USAGE OF TRADE. EXCEPT AS SET OUT IN THE SECTION ABOVE TITLED “RETURN POLICY”, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF COMPANY MAKES NO WARRANTY AND THERE ARE NO CONDITIONS THAT (I) THE SOFTWARE; THAT THE SOFTWARE LIFE360 SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; , (II) THE LIFE360 SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT OPERATION MAY BE OBTAINED FROM THE USE OF THE SOFTWARE LIFE360 SERVICES AND PRODUCTS WILL BE UNINTERRUPTED ACCURATE OR ERROR- FREERELIABLE, OR THAT (IV) THE SOFTWARE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LIFE360 SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMEET YOUR EXPECTATIONS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE SOFWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “AS IS,” ”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “EAAPPLE” FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE APPLE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER THIRD PARTY SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE THIS LIMITED WARRANTY ON RECORDING MEDIA FOUND IN IS THE PRODUCT MANUALSOLE AND EXCLUSIVE WARRANTY GIVEN BY ENPHASE AND, AND EXCEPT TO THE FULLEST EXTENT PERMISSIBLE UNDER PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES AND CONDITIONS, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY LAW, COURSE OF ANY KINDDEALING, WITHOUT PERFORMANCE ASSURANCES COURSE OF PERFORMANCE, USAGE OF TRADE, OR GUARANTEES OTHERWISE (INCLUDING WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WARRANTIES AS TO THE ACCURACY, SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR OTHER INFORMATION PROVIDED IN MANUALS OR OTHER DOCUMENTATION) SHALL BE LIMITED IN DURATION TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION DURATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A THIS LIMITED WARRANTY. SOME THE GRANT OF THIS LIMITED WARRANTY BY ENPHASE IS CONDITIONED UPON AGREEMENT BY THE COVERED OWNER TO THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTIES WARRANTY, OR THE FOR EXCLUSIONS OR LIMITATIONS ON LEGAL WARRANTIES. WHERE SUCH LAWS APPLY TO THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCOVERED OWNER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OR LIMITATION MAY NOT APPLY TO YOUCOVERED OWNER, AND SUCH COVERED OWNER MAY HAVE ADDITIONAL RIGHTS. THIS LIMITED WARRANTY GIVES COVERED OWNER SPECIFIC LEGAL RIGHTS, AND COVERED OWNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. 7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS DESCRIBED IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWTHIS AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KINDINTUIT, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDITS AFFILIATES, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKECOLLECTIVELY, AND HEREBY DISCLAIM, ANY AND "SUPPLIERS") DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, NONINFRINGEMENT TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF THIRD PARTY ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. INTUIT AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREESERVICES, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYWHICHEVER IS SOONER. SOME JURISDICTIONS PROVINCES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of each of the Products and Services is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, WARRANTIES SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON- INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE FUNCTIONS MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES DO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE PRODUCTS OR SERVICES RESULTING FROM (A) NEGLIGENCE, ABUSE, OR MISAPPLICATION BY THE CUSTOMER OR END CUSTOMER (B) USE BY THE CUSTOMER OR END CUSTOMER OF THE PRODUCTS OR SERVICES OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE PRODUCTS WITH OTHER PRODUCTS OR SERVICES. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ASSA ABLOY OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION Third Party IPR Claims. If a Product or Service becomes subject to a claim by a third party that it infringes a third party copyright, patent or other Intellectual Property Right, or ASSA ABLOY anticipates that such a third party claim may be raised, ASSA ABLOY shall have at its option and expense the right to (a) obtain for Customer a license to continue using that Product or Service; (b) substitute the Product or Service with other substantially similar hardware or service; or (c) terminate the License for the infringing portion of the Product or Service and compensate Customer for the sums already paid for that infringing portion under the License. THIS CLAUSE 7.8 SETS FORTH ASSA ABLOY’S SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERINTELLECTUAL PROPERTY INFRINGEMENT. What is set forth above in this Clause 7 applies only to the latest available version of the Service, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUand does not apply to any previous version or versions of the Service.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWCONTRARY HEREIN, THE SOFTWARE INTELLECTUAL PROPERTY LICENSED BY THE PARTIES PURSUANT TO THIS AGREEMENT IS PROVIDED TO YOU FURNISHED “AS IS,” ”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORY WARRANTIESOTHERWISE, INCLUDING IMPLIED WARRANTIES ANY WARRANTY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, NON- INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND IMPLIED WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE OR THE VALIDITY OF SUCH INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, USAGEEXCEPT FOR CLAIMS ARISING FROM FRAUD, WILLFUL MISCONDUCT ON THE PART OF A PARTY OR A BREACH OF ARTICLE V BY A PARTY, NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER TO THE OTHER PARTY OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON SUCH OTHER PARTY OR ANY OTHER PERSON, INCLUDING ANY SUCH LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR ENJOYMENT OR RESULTING FROM (A) THE MANUFACTURE, USE, OFFER FOR SALE, SALE, OR IMPORT OF ANY PRODUCTS OR THE PRACTICE OF THE SOFTWAREINTELLECTUAL PROPERTY LICENSED HEREUNDER; THAT (B) THE SOFTWARE WILL MEET YOUR REQUIREMENTSUSE OF OR ANY ERRORS OR OMISSIONS IN ANY SUCH INTELLECTUAL PROPERTY; THAT OPERATION OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUFOREGOING.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS SOFTWARE, THE GAME AND ALL OTHER SERVICES PROVIDED BY HARMONIX ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA HARMONIX AND EAHARMONIX’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA HARMONIX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARESOFTWARE OR THE GAME; THAT THE SOFTWARE OR THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE OR THE GAME WILL BE UNINTERRUPTED UNINTERRUPTED, VIRUS-FREE OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE OR THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA HARMONIX, AN OPERATOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS OTHERWISE SET FORTH IN THE PRODUCT MANUALSECTION 7, AND GP MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSECURITY REQUIREMENTS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPROCESS BY WHICH GP TESTS AND APPROVES ANY PRODUCT OR LABORATORY OR AUDITOR. IN PARTICULAR, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, GP EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED (1) WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ; AND (2) WARRANTIES THAT THE SECURITY REQUIREMENTS DO NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, KNOW HOW OR OTHER INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHOULD A CERTIFICATE FROM GP, WHEN ISSUED, BE CONSTRUED TO IMPLY ANY ENDORSEMENT OR WARRANTY REGARDING THE SECURITY, FUNCTIONALITY, QUALITY, OR PERFORMANCE OF ANY PARTICULAR PRODUCT OR SERVICE, AND VENDOR SHALL NOT STATE OR IMPLY ANYTHING TO THE CONTRARY. GP SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES (IF ANY) ARISING FROM WITH RESPECT TO PRODUCTS AND SERVICES THAT HAVE RECEIVED A COURSE CERTIFICATE AND TO EVALUATION PROCESS GENERALLY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF DEALINGMERCHANTABILITY, USAGEFITNESS FOR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PROVIDED AT ALL, ALL REPRESENTATIONS, WARRANTIES, RIGHTS AND REMEDIES RELATING TO PRODUCTS AND SERVICES THAT HAVE RECEIVED A CERTIFICATE OR RESTRICTED CERTIFICATE ARE PROVIDED SOLELY BY THE PARTIES SELLING OR OTHERWISE PROVIDING SUCH PRODUCTS OR SERVICES, AND NOT BY GP, AND GP ACCEPTS NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. UNLESS OTHERWISE AGREED IN WRITING BY GP, THIS DOCUMENT AND MATTER CONTAINED HEREIN, INCLUDING ALL PRODUCTS AND SERVICES CONTEMPLATED BY THIS DOCUMENT ARE PROVIDED ON AN "AS-IS" BASIS, "WITH ALL FAULTS" AND WITH NO WARRANTIES WHATSOEVER, AND GP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR TRADE PRACTICENONINFRINGEMENT. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWAREIn addition, Vendor acknowledges that it (i) has no expectation and has received no assurances that any Certificate or Restricted Certificate will be issued by GP with respect to any Product or that any investment by Vendor in the design, development, production, or promotion of the Product will be recovered or recouped, or that Vendor will obtain any anticipated amount of revenue or profits by virtue of this Agreement; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEand (ii) will not have or acquire by virtue of this Agreement or otherwise any vested, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUproprietary or other right in the promotion of the Product or in "goodwill" created by Vendor's efforts hereunder.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, ,” AND YOUR USE IS AT YOUR SOLE RISK. “AS AVAILABLE” AND THE ENTIRE RISK OF SATISFACTORY QUALITY USE AND PERFORMANCE RESIDES PERFORMANCE, REMAINS WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO SPD DOES NOT MAKEMAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM, DISCLAIMS ANY AND ALL EXPRESSWARRANTIES WITH RESPECT TO THE SITE. IN PARTICULAR, IMPLIED OR STATUTORY WARRANTIESSPD MAKES NO WARRANTY THAT THE SITE, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGECONTENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE (B) WILL BE UNINTERRUPTED AVAILABLE OR ERROR- FREEPROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR THAT THE SOFTWARE ERROR-FREE BASIS; (C) WILL INTEROPERATE BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE COMPATIBLE WITH ANY FREE FROM VIRUSES, WORMS, OR OTHER SOFTWARE HARMFUL OR MALICIOUS COMPONENTS. NOR DOES SPD WARRANT THAT ANY DEFECTS OR ERRORS IN ON THE SOFTWARE SITE OR CONTENT WILL BE CORRECTED. SPD DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. DISCLAIMER OF CERTAIN XXXXXXX.XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO ORAL EVENT WILL SPD BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR WRITTEN PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF SPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPD SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE PROVIDED OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY EA THOSE PRINTERS, OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCOMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of each of the Products and Services is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH BIOSITE EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA BIOSITE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE FUNCTIONS MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES DO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE PRODUCTS OR SERVICES RESULTING FROM (A) NEGLIGENCE, ABUSE, OR MISAPPLICATION BY THE CUSTOMER OR END CUSTOMER (B) USE BY THE CUSTOMER OR END CUSTOMER OF THE PRODUCTS OR SERVICES OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN BIOSITE, OR ANY UNAUTHORISED COMBINATION OR INTERFACING OF THE PRODUCTS WITH OTHER PRODUCTS OR SERVICES. FURTHERMORE, BIOSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA BIOSITE OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION Third Party IPR Claims. If a Product or Service becomes subject to a claim by a third party that it infringes a third party copyright, patent or other intellectual property right, or BIOSITE anticipates that such a third party claim may be raised, BIOSITE shall have at its option and expense the right to (a) obtain for Customer a license to continue using that Product or Service; (b) substitute the Product or Service with other substantially similar product or service; or (c) terminate the License for the infringing portion of the Product or Service and compensate Customer for the sums already paid for that infringing portion of the License. THIS CLAUSE 7.5 SETS FORTH BIOSITE’S SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUINTELLECTUAL PROPERTY INFRINGEMENT. What is set forth above in this Clause 7.5 applies only the latest available version of the Service and does not apply to any previous version of the Service.

Disclaimer of Warranties. EXCEPT FOR LICENSEE ACKNOWLEDGES AND AGREES THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALFOLLOWING DISCLAIMERS ARE APPLICABLE TO LICENSEE AND ITS CLIENTS AND/OR ANY OTHER ENTITIES WHO HAVE ACCESS TO DATA OR DERIVED DATA, AND TO SHALL ENSURE THAT SUBSTANTIALLY SIMILAR LANGUAGE SHALL BE INCLUDED IN ANY MARKETING MATERIALS, CONTRACTS, OR ANY OTHER DOCUMENTATION ACCOMPANYING THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DERIVED DATA. THE SOFTWARE DATA IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSAND ICE DATA, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, ITS AFFILIATES AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS HEREBY DISCLAIM, EXPRESSLY DISCLAIM ANY AND ALL EXPRESSREPRESENTATIONS AND WARRANTIES OF EVERY KIND, IMPLIED EXPRESS AND/OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED WITHOUT LIMITATION ANY WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, NONINFRINGEMENT OF TITLE OR NON- INFRINGEMENT, AS TO THE DATA, INCLUDING THE INFORMATION, CONTENT, DATA, DERIVED DATA OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED OR DERIVED THEREFROM BY THEIR USE, AND AS TO THE PERFORMANCE THEREOF. NEITHER ICE DATA, ITS AFFILIATES NOR THEIR RESPECTIVE THIRD PARTY RIGHTSSUPPLIERS GUARANTEE THE ADEQUACY, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGACCURACY, USAGE, TIMELINESS OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT COMPLETENESS OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL DATA OR ANY COMPONENT THEREOF. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS SHALL NOT BE UNINTERRUPTED SUBJECT TO ANY DAMAGES OR ERROR- FREELIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DELAYS IN THE SOFTWARE WILL DATA. FURTHER, ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS SHALL NOT BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED LIABLE FOR ANY CLAIMS AGAINST LICENSEE BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTIES.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS OTHERWISE EXPRESSLY SET FORTH IN THE PRODUCT MANUALTHIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWNEITHER PARTY MAKES ANY OTHER WARRANTIES CONCERNING LICENSED IP, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSIMPROVEMENTS OR ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMLIMITATION, ANY AND ALL EXPRESS, IMPLIED EXPRESS OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD PARTY RIGHTSRIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE EACH PARTY DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. VISTAGEN MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF DEALING, USAGE, UHN PATENT RIGHTS OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEIMPROVEMENT PATENT RIGHTS, OR THAT THE SOFTWARE WILL INTEROPERATE ANY LICENSED PRODUCT SHALL BE FREE FROM AN INFRINGEMENT ON PATENTS OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY INTELLECTUAL PROPERTY RIGHTS OF A CONSUMERTHIRD PARTIES. FURTHER, SO SOME VISTAGEN HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE UHN PATENT RIGHTS OR ALL IMPROVEMENT PATENT RIGHTS ARE SUITABLE FOR APOLLO’S PURPOSES. ___________________ ***** VISTAGEN THERAPEUTICS, INC. HAS REQUESTED THAT THE OMITTED PORTIONS OF THIS DOCUMENT, WHICH ARE INDICATED BY [*****], BE AFFORDED CONFIDENTIAL TREATMENT. VISTAGEN THERAPEUTICS, INC. HAS SEPARATELY FILED THE OMITTED PORTIONS OF THE ABOVE EXCLUSIONS DOCUMENT WITH THE SECURITIES AND LIMITATIONS MAY NOT APPLY TO YOU.EXCHANGE COMMISSION. Exclusive License and Sublicense Agreement

Disclaimer of Warranties. EXCEPT FOR LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN FSMLABS SOFTWARE IS AT LICENSEE’S SOLE RISK AND THAT THE PRODUCT MANUALENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE FSMLABS SOFTWARE IS PROVIDED TO YOU “"AS IS,” " WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND FSMLABS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FSMLABS SOFTWARE, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA FSMLABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR LICENSEE’S ENJOYMENT OF THE FSMLABS SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE FSMLABS SOFTWARE WILL MEET YOUR LICENSEE’S REQUIREMENTS; , THAT THE OPERATION OF THE FSMLABS SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE FSMLABS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA FSMLABS OR ANY AN FSMLABS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FSMLABS SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOULICENSEE.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of the SaaS or other Software Product is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND SET FORTH ABOVE IN THE PRODUCT MANUAL, AND THIS CLAUSE 6 ABOVE TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL FUNCTIONS MEET YOUR CUSTOMER'S REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE OPERATION OF ANY OF THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES TO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE SAAS OR SOFTWARE PRODUCT RESULTING FROM (A) NEGLIGENCE, ABUSE OR MISSAPPLICATION BY THE CUSTOMER (B) USE OF THE SAAS OR OTHER SOFTWARE PRODUCTS OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER OR (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE SAAS OR OTHER SOFTWARE PRODUCT WITH OTHER HARDWARE OR SOFTWARE. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ASSA ABLOY OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND You expressly understand and agree that: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY WEBSITE IS PROVIDED ON AN "AS IS" AND PERFORMANCE RESIDES WITH YOU"AS AVAILABLE" BASIS. EA B-CYCLE AND EA’S ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY THE “EA” FOR PURPOSES B-CYCLE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF THIS SECTION AND SECTION 8) DO ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, NONINFRINGEMENT OF WITH RESPECT TO THE WEBSITE, AND ANY THIRD PARTY RIGHTS, AND WARRANTIES WEBSITES WITH WHICH THEY ARE LINKED. THE B-CYCLE PARTIES MAKE NO WARRANTY: (IF ANYI) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WEBSITE OR THE FEATURES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE , WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE SOFTWARE USE OF THE WEBSITE; AND (III) THE QUALITY OF THE BICYCLES, CONTENT, PRODUCTS, SERVICES, INFORMATION OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL INTEROPERATE MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR BE COMPATIBLE WITH WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY OTHER SOFTWARE MATERIAL DOWNLOADED OR THAT ANY ERRORS IN OTHERWISE OBTAINED THROUGH THE SOFTWARE USE OF OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE CORRECTED. NO ORAL SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WRITTEN ADVICE PROVIDED BY EA OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUCH MATERIAL.

Disclaimer of Warranties. EXCEPT FOR YOU EXPRESSLY AGREE THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE CUSTOMER SERVICE IS AT YOUR SOLE RISK. THE ENTIRE RISK CUSTOMER SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMER DISCLAIMS ALL WARRANTIES OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEANY KIND, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED EXPRESS OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED WARRANTIES WITHOUT LIMITATION ANY WARRANTY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, PURPOSE OR TRADE PRACTICENON-INFRINGEMENT. EA CUSTOMER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; MAKE ANY WARRANTY THAT THE SOFTWARE CUSTOMER SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE CUSTOMER SERVICE WILL INTEROPERATE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CUSTOMER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE COMPATIBLE WITH OBTAINED FROM THE USE OF THE CUSTOMER SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY OTHER SOFTWARE OR INFORMATION OBTAINED THROUGH THE CUSTOMER SERVICE. YOU UNDERSTAND AND AGREE THAT ANY ERRORS IN MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE USE OF THE CUSTOMER SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE CORRECTEDSOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. CUSTOMER DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE CUSTOMER SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE CUSTOMER SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN ADVICE PROVIDED WRITTEN, OBTAINED BY EA YOU FROM CUSTOMER OR ANY AUTHORIZED REPRESENTATIVE THROUGH THE CUSTOMER SERVICE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO ANY WARRANTY NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUEXPRESSLY MADE HEREIN.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES IMPLIED. USE OF ANY KIND, AND YOUR USE THE PLATFORM IS AT YOUR USER’S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE ENTIRE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE PLATFORM. USER REALIZES THAT THERE IS RISK OF SATISFACTORY QUALITY IN TRADING STOCKS AND PERFORMANCE RESIDES WITH YOUTHAT ASSETS MAY BE LOST AND ARE NOT INSURED. EA COMPANY IS ABSOLUTELY NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR USERS’ STOCK ORDER, PURCHASE AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKESALE ACTIONS. COMPANY MAKES NO OTHER WARRANTIES, AND HEREBY DISCLAIMEXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF IN RELATION TO THE PLATFORM. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO THIRD PARTY RIGHTSVENDOR/BROKER SOFTWARE AND/OR SERVICES. 8. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL COMPANY, AND WARRANTIES (IF ANY) DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM A COURSE OR RELATING TO THIS AGREEMENT, THE PLATFORM OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE PLATFORM, ANY CHANGES TO OR INACCESSIBILITY OF DEALINGTHE PLATFORM, USAGEDELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE PLATFORM, ANY DATA LOSS, OR TRADE PRACTICEANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE PLATFORM, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED TOTAL FEES PAID BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYUSER TO COMPANY HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS LIABILITY MAY NOT APPLY TO YOUUSER. IF USER IS DISSATISFIED WITH THE PLATFORM, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE PLATFORM AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6. COMPANY IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THE PLATFORM. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THE PLATFORM. COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER, NOR IS COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT APPEARS OR IS TRANSMITTED ON THE PLATFORM FOR FUTURE REFERENCE. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE PLATFORM. COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY BROKER(S) WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS INCLUDING, BUT NOT LIMITED TO, THOSE LAWS REGARDING OR PERTAINING TO THE TRADING OF SECURITIES. COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO INSURE THE SECURITY AND/OR FUNCTIONALITY OF PLATFORM RELATED INTERNET TRANSMISSIONS BUT, DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND AS EXPRESSLY PROVIDED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWCONTRARY IN A WRITING BY US, THE SOFTWARE INTERFACE IS PROVIDED TO YOU ON AN “AS IS,” WITH AND “AS AVAILABLE” BASIS. WE AND OUR SERVICE PROVIDERS (INCLUDING NYDIG) EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND WARRANTIES (IF ANY) ARISING FROM NON- INFRINGEMENT AS TO THE INTERFACE AND NYDIG’S SERVICE, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE INTERFACE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A COURSE VARIETY OF DEALINGCAUSES, USAGEINCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE OR UNCOMMON CIRCUMSTANCES, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OTHER DISASTERS INCLUDING THIRD-PARTY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, SCHEDULED OR ERROR- FREEUNSCHEDULED MAINTENANCE, OR THAT OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDINTERFACE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSome jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUso some or all of the disclaimers in this subsection may not apply to you.

Disclaimer of Warranties. EXCEPT FOR (1) THE EXPRESS WRITTEN WARRANTY CONTAINED EREIN, AND, (2) THE 25 YEAR LIMITED STAIN RESISTANCE WARRANTY ON RECORDING MEDIA FOUND APPLICABLE TO ELEGANCE PREMIUM DECKING ONLY (WHICH IS IN THE PRODUCT MANUAL, AND ADDITION TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE WARRANTY CONTAINED HEREIN), LEADVISION MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT IMPLIED WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES MERCHANTABILITY AND IMPLIED WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION FOR THE WARRANTYTERM AND BEYOND THE WARRANTYTERM. Sorne countries do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you. LIMITATION OF THIRD PARTY RIGHTSREMEDIES AND EXCLUSION OF CONSEQUENTIALAND INCIDENTAL DAMAGES. LEADVISION LIABILITIES ARE LIMITED SOLEY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGUNDER NO CIRCUMSTANCES WILL LEADVISION LIABLE OR OBLIGATED FOR ANY INCIDENTAL, USAGECONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR TRADE PRACTICEANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED. EA DOES NOT WARRANT AGAINST INTERFERENCE TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WH ETHER FORESEEABLE OR UNFORESEEABLE , ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT. LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. LEADVISION’S LIABILITY WITH YOUR ENJOYMENT RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEPURCHASE PRICE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDAS DESCRIBE ABOVE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYSome countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERThis warranty gives you specific legal rights, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUand you may also have other rights that vary from country to country.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS AND RELATED DOCUMENTATION ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY PERFORMANCE PROMISES (“WARRANTIES”) OF ANY KIND. EXCEPT AS PROVIDED ABOVE, WITHOUT PERFORMANCE ASSURANCES ASSUME ALL RISKS WHEN DOWNLOADING OR GUARANTEES USING IT. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKLAW OR OTHERWISE. DEVELOPER DISCLAIMS THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND IN LIEU OF THIRD PARTY RIGHTSALL OTHER WARRANTIES AND REMIEDIES, AND WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, FOR LATENT OR TRADE PRACTICEHIDDEN DEFECTS. EA THE DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS; , OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE OR VIRUS-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL FURTHERMORE, THE DEVELOPER DOES NOT WARRANT OR WRITTEN ADVICE MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT PROVIDED IN RESPECT OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF THIS EXCLUSION IS NOT PERMITTED BY EA LAW, DEVELOPER LIMITS ANY EXPRESS, STATUTORY OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYIMPLIED WARRANTIES AS TO DURATION TO THE EXTENT OF THIS LIMITED WARRANTY AND THE REPAIR OR REPLACEMENT REMEDY AS DETERMINED BY DEVELOPER IN ITS SOLE DISCRETION. SOME JURISDICTIONS STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS SUCH LIMITATION AND LIMITATIONS THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, . YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE APPLICATION IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE APPLICATION IS AT YOUR SOLE RISKRISK AND DISCRETION. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND ASURION HEREBY DISCLAIM, DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSAND NON-INFRINGEMENT. FURTHERMORE, AND WARRANTIES ASURION MAKES NO WARRANTY THAT (IF ANYA) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF (B) THE SOFTWARE APPLICATION WILL BE UNINTERRUPTED AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR- ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR THAT OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE APPLICATION WILL INTEROPERATE BE AS REPRESENTED OR BE COMPATIBLE WITH ANY OTHER SOFTWARE MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS IN THE SOFTWARE APPLICATION WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN ADVICE PROVIDED WRITTEN, OBTAINED BY EA YOU FROM ASURION OR ANY AUTHORIZED REPRESENTATIVE THE APPLICATION SHALL CREATE A ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ASURION HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT ASURION MIGHT NOT BE ABLE TO OFFER THE APPLICATION AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ASURION AND ASURION WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. SOME JURISDICTIONS DO NOT ALLOW ASURION WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE EXCLUSION OF APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY EXPENSES ATTRIBUTABLE TO YOUANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

Disclaimer of Warranties. EXCEPT FOR NOTWITHSTANDING ANYTHING CONTAINED TO THE LIMITED CONTRARY IN ANY OTHER PROVISION OF THIS AGREEMENT, IT IS THE EXPLICIT INTENT OF EACH PARTY THAT SELLER IS NOT MAKING ANY REPRESENTATION OR WARRANTY ON RECORDING MEDIA FOUND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, BEYOND THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY GIVEN IN THIS AGREEMENT AND THE PRODUCT MANUALCONVEYANCE, AND TO IT IS UNDERSTOOD THAT, WITHOUT LIMITING SUCH EXPRESS REPRESENTATIONS AND WARRANTIES, BUYER IS TAKING THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE ASSETS AS IS PROVIDED TO YOU “AS IS,” AND WHERE IS AND WITH ALL FAULTS. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, SELLER HEREBY (A) EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO (I) THE CONDITION OF THE ASSETS (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FREEDOM FROM REDHIBITORY VICES OR DEFECTS OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE CONFORMITY TO MODELS OR SAMPLES OF DEALING, USAGEMATERIALS, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIALS IN OR ON, OR DISPOSED OF OR DISCHARGED FROM, THE SOFTWAREASSETS) OR (II) ANY INFRINGEMENT BY SELLER OR ANY OF ITS AFFILIATES OF ANY PATENT OR PROPRIETARY RIGHT OF ANY THIRD PARTY; AND (B) NEGATES ANY RIGHTS OF BUYER UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY BUYER FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF SELLER AND BUYER THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION ASSETS ARE TO BE ACCEPTED BY BUYER IN THEIR PRESENT CONDITION AND STATE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUREPAIR.

Disclaimer of Warranties. Customer expressly acknowledges and agrees that the use of each of the Products and Services is at Customer's sole risk. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAWLAWS, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ASSA ABLOY EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA ASSA ABLOY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE FUNCTIONS MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF ANY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR- UNINTERRUPTED, ERROR-FREE, WITHOUT DOWNTIME, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SERVICES WILL BE CORRECTED. THE ABOVE WARRANTIES DO NOT APPLY TO ANY DEFECTS, DAMAGES, FAILURES OR MALFUNCTIONS TO ANY PART OF THE PRODUCTS OR SERVICES RESULTING FROM (A) NEGLIGENCE, ABUSE, OR MISAPPLICATION BY THE CUSTOMER OR END CUSTOMER (B) USE BY THE CUSTOMER OR END CUSTOMER OF THE PRODUCTS OR SERVICES OTHER THAN AS SPECIFIED IN THE DOCUMENTATION THEREOF OR OTHERWISE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER (C) ANY ALTERATIONS, MODIFICATIONS OR ADAPTATIONS OF THE PRODUCTS PERFORMED BY ANYONE OTHER THAN ASSA ABLOY, OR ANY UNAUTHORIZED COMBINATION OR INTERFACING OF THE PRODUCTS WITH OTHER PRODUCTS OR SERVICES. FURTHERMORE, ASSA ABLOY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE PERFORMANCE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA ASSA ABLOY OR ANY ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERThird Party IPR Claims. If a Product or Service becomes subject to a claim by a third party that it infringes a third party copyright, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.patent or other intellectual property right, or ASSA ABLOY anticipates that such a third party claim may be raised, ASSA ABLOY shall have at its option and expense the right to (a) obtain for Customer a license to continue using that Product or Service;

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, USE OF THE KDECAN PROTOCOL SOFTWARE AND ANY FUNCTIONALITY ENABLED BY THE KDECAN PROTOCOL SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KDECAN PROTOCOL SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND KDE DIRECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KDECAN PROTOCOL SOFTWARE, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA KDE DIRECT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KDECAN PROTOCOL SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED BY OR PROVIDED BY, THE KDECAN PROTOCOL SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE KDECAN PROTOCOL SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT ANY PERFORMANCE OF THE KDECAN PROTOCOL SOFTWARE WILL CONTINUE TO BE MADE AVAILABLE, THE KDECAN PROTOCOL SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY PRODUCTS, SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE KDECAN PROTOCOL SOFTWARE WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY PRODUCTS, SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU ALSO ACKNOWLEDGE THAT USE OF KDE UVC SERIES ESC AND/OR FLIGHT CONTROLLERS REQUIRES ADVANCED WIRING KNOWLEDGE AND YOU ASSUME ALL RESPONSIBILITY ASSOCIATED WITH PROPER WIRING OF THE KDE UVC SERIES ESC AND/OR FLIGHT CONTROLLERS. YOU FURTHER ACKNOWLEDGE THAT THE KDECAN PROTOCOL SOFTWARE 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 KDECAN PROTOCOL SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA KDE DIRECT OR ANY AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE KDE DIRECT PROTOCOL SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SUPPORT, SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS LIMITATION ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCUSTOMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS DESCRIPTION MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SDK IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SDK IS PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS, " AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES KIND FROM GOOGLE. 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR GUARANTEES OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. 11. LIMITATION OF LIABILITY 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, NONINFRINGEMENT OF THIRD PARTY RIGHTSITS SUBSIDIARIES AND AFFILIATES, AND WARRANTIES (IF ANY) ARISING FROM A COURSE ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF DEALINGLIABILITY FOR ANY DIRECT, USAGEINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR TRADE PRACTICE. EA DOES EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION POSSIBILITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEANY SUCH LOSSES ARISING. 12. Indemnification 12.1 To the maximum extent permitted by law, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDyou agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this License Agreement. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY13. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERChanges to the License Agreement 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When these changes are made, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.Google will make a new version of the License Agreement available on the website where the SDK is made available. 14. General Legal Terms 14.1 This License Agreement constitutes the whole legal agreement between you and Google and governs your use of the SDK (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the SDK. 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google. 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License Agreement is invalid, then that provision will be removed from this License Agreement without affecting the rest of this License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable. 14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this License Agreement. 14.5

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY PROVIDED IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSECTION 8.B., THE SOFTWARE LICENSED PATENTS AND TECHNICAL INFORMATION ARE PROVIDED AS IS PROVIDED TO YOU “AS AND WHERE IS,” WITH ALL FAULTS, WITHOUT WARRANTY . UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDWHETHER EXPRESS, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESSSTATUTORY, IMPLIED OR STATUTORY OTHERWISE. IN PARTICULAR, UNIVERSITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ABOUT (I) THE VALIDITY, SCOPE OR ENFORCEABILITY OF ANY OF THE LICENSED PATENTS; (II) THE ACCURACY, SAFETY OR USEFULNESS FOR ANY PURPOSE OF ANY INFORMATION PROVIDED BY UNIVERSITY TO ANY LICENSED ENTITY; (III) FURNISHING ANY TECHNICAL INFORMATION; (IV) WHETHER THE PRACTICE OF ANY CLAIM CONTAINED IN ANY OF THE LICENSED PATENTS OR TECHNICAL INFORMATION WILL OR MIGHT INFRINGE INTELLECTUAL PROPERTY RIGHTS ; (V) THE PATENTABILITY OF ANY INVENTION CLAIMED IN THE LICENSED PATENTS; (VI) THE ACCURACY, SAFETY, OR USEFULNESS FOR ANY PURPOSE OF ANY PRODUCT OR PROCESS MADE OR CARRIED OUT IN ACCORDANCE WITH OR THROUGH THE USE OF THE LICENSED PATENTS; AND (VII) ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested Evelo Biosciences, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.Inc. FINAL

Disclaimer of Warranties. EXCEPT FOR AS PROVIDED IN SECTION 14 (LIMITED WARRANTY), THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALPRODUCT, SUPPORT, TRAINING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS ANY OTHER SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS- AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, . CCH AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY ITS VENDORS AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, INCLUDING EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. ALL THIRD PARTY RIGHTSMATERIALS ARE PROVIDED AS-IS, AND WITHOUT WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGANY KIND. CCH MAKES NO WARRANTIES OF ANY KIND, USAGEEXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY MATERIAL IN THE PRODUCT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT AS TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF THE SOFTWARE; SAME. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPRODUCT IS AT CUSTOMER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA CCH OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CCH’s OBLIGATIONS HEREUNDER. CCH IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICE. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A WARRANTYCOMPETENT PROFESSIONAL SHOULD BE SOUGHT. SOME JURISDICTIONS CUSTOMER ASSUMES ALL RESPONSIBILITY WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE PRODUCT. CUSTOMER AGREES THAT THE PRODUCT IS NOT INTENDED TO REPLACE CUSTOMER’S PROFESSIONAL SKILL AND JUDGMENT AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL. THE LEGISWAY ESSENTIALS SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. CUSTOMER ACKNOWLEDGES AND AGREES THAT CCH AND ITS VENDORS AND LICENSORS DO NOT ALLOW OPERATE OR CONTROL THE EXCLUSION INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEB-SITES, COMPUTERS, OR NETWORKS. CCH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ACTIVITIES. ADDITIONALLY, NOR SHALL ANY SUCH ACTIVITIES CONSTITUTE A BREACH BY CCH OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS OBLIGATIONS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCONFIDENTIALITY HEREUNDER.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND FUNCTIONS PERFORMED BY OR THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS AND FUNCTIONS ARE PROVIDED TO YOU “"AS IS,” " AND "AS AVAILABLE", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY MA LIGHTING AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S MA LIGHTING'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "MA LIGHTING" FOR THE PURPOSES OF THIS SECTION SECTIONS 8 and 9) HEREBY DISCLAIM ALL WARRANTIES AND SECTION 8) DO NOT MAKECONDITIONS WITH RESPECT TO THE SOFTWARE AND FUNCTIONS, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA MA LIGHTING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; SOFTWARE AND FUNCTIONS, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR- FREEERRORFREE, THAT ANY FUNCTIONS WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SOFTWARE OR FUNCTIONS WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, PRODUCT OR THIRD-PARTY SERVICES, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE OR FUNCTIONS WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, PRODUCTS OR THIRD-PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND FUNCTIONS ARE 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 SOFTWARE OR FUNCTIONS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA MA LIGHTING OR ANY AN MA LIGHTING AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR FUNCTIONS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SDK IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SDK IS PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS, " AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES KIND FROM GOOGLE. 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR GUARANTEES OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. 11. LIMITATION OF LIABILITY 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, NONINFRINGEMENT OF THIRD PARTY RIGHTSITS SUBSIDIARIES AND AFFILIATES, AND WARRANTIES (IF ANY) ARISING FROM A COURSE ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF DEALINGLIABILITY FOR ANY DIRECT, USAGEINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR TRADE PRACTICE. EA DOES EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION POSSIBILITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDSUCH LOSSES ARISING. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU12.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY PROVIDED IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWTHIS AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH PARTIES EXPRESSLY DISCLAIM ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WITHOUT LIMITATION WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) OR ARISING FROM A COURSE OF DEALING, USAGE, DEALING OR USAGE OF TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WITHOUT LIMITING THE GENERALITY OF THE SOFTWARE; THAT FOREGOING, EACH PARTY DISCLAIMS ANY WARRANTIES WITH RESPECT TO: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION SUCCESS OF ANY STUDY COMMENCED UNDER THIS AGREEMENT, (B) THE SAFETY OR USEFULNESS FOR ANY PURPOSE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEINTELLECTUAL PROPERTY LICENSED UNDER THIS AGREEMENT; AND (C) THE VALIDITY, ENFORCEABILITY, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS IT PROVIDES OR LICENSES TO THE OTHER PARTY UNDER THIS AGREEMENT. *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION SECURITIES EXCHANGE ACT OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER1934, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAS AMENDED.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT FOR THE LIMITED WARRANTY SITE WILL PERFORM THE FEATURES, FUNCTIONS AND SPECIFICATIONS FROM TIME TO TIME DESCRIBED ON RECORDING MEDIA FOUND THE SITE IN ALL MATERIAL RESPECTS CONTINUOUSLY DURING THE PERIOD OF TIME THAT THE SITE IS BEING GENERALLY MADE AVAILABLE TO THE PUBLIC. THE PRECEDING EXCEPTION IN THE PRODUCT MANUALFIRST SENTENCE SHALL NOT GIVE RISE TO ANY REMEDY OF SPECIFIC PERFORMANCE RELATED TO ITS BREACH, AND WITH THE RESULT THAT DAMAGES ARE THE REMEDY THEREFOR. YOU AGREE THAT ANY AMOUNTS PAYABLE TO YOU BY CLOUDLAW ARISING OUT OF A FAILURE OF CLOUDLAW TO COMPLY WITH ITS OBLIGATIONS IN THE FIRST SENTENCE OF THIS PARAGRAPH SHALL BE LIMITED TO THE FULLEST AMOUNT OF THE UNEARNED FEES PREVIOUSLY PAID BY YOU TO CLOUDLAW FOR SUCH FEATURES, FUNCTIONS AND SPECIFICATIONS. TO THE FULL EXTENT PERMISSIBLE UNDER BY APPLICABLE LAW, CLOUDLAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CLOUDLAW MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SOFTWARE IS PROVIDED SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CLOUDLAW MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES. CLOUDLAW FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RESULTS YOU “MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE AND SERVICES AND AS IS,” TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH ALL FAULTSA POTENTIAL CLIENT, LEGAL PROFESSIONAL OR LAW FIRM. CLOUDLAW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY POTENTIAL CLIENT OR LAW FIRM, INCLUDING, WITHOUT WARRANTY LIMITATION, ANY LAW FIRM’S ABILITY TO OBTAIN A FAVORABLE RESULT OR ANY POTENTIAL CLIENT’S ABILITY TO PAY YOUR LEGAL FEES. CLOUDLAW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICES OR THE INFORMATION, CONTENT, DATA, OR MATERIALS, DISPLAYED ON THE SITE AND ITS SERVICES. EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL CLOUDLAW OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT PERFORMANCE ASSURANCES LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR GUARANTEES INABILITY TO USE THE SITE OR SERVICES, EVEN IF CLOUDLAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ANY KINDDATA, CONTENT, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICES, OR APPLICATION PROGRAMMING INTERFACES OR ANY THIRD-PARTY PRODUCT ACCESSING THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF DATA, CONTENT, OR SERVICES. CLOUDLAW SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS OR CONTENT CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR USE AND PARTICIPATION IN THE SITES AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUDLAW OR THROUGH CLOUDLAW OR THIRD PARTIES ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND SERVICES THAT YOUR USE OF THE SITES AND SERVICE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “"AS IS,” ", WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "APPLE" FOR THE PURPOSES OF THIS SECTION SECTIONS 7 AND SECTION 8) DO NOT MAKEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. QuickTime Player automatically produces search results that reference sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Apple search completed through the QuickTime Player may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By using the QuickTime Player, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the QuickTime Player, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the QuickTime Player or for any inaccuracies, errors in or omissions from the content.

Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF THE COMPANY AND ITS SUBSIDIARIES, OR THEIR RESPECTIVE ASSETS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE COMPANY’S OR ITS SUBSIDIARIES’ ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN THEIR PRESENT CONDITION, AND PURCHASER AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE IV (AS MODIFIED BY THE PRODUCT MANUALCOMPANY DISCLOSURE SCHEDULE), THE COMPANY HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO PURCHASER OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPURCHASER OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES BY ANY STOCKHOLDER, WITHOUT WARRANTY DIRECTOR, OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF THE COMPANY, ANY KIND, WITHOUT PERFORMANCE ASSURANCES SELLER OR GUARANTEES ANY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKTHEIR RESPECTIVE AFFILIATES). THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT MAKE NOR HAS MADE ANY REPRESENTATIONS OR WARRANTIES TO PURCHASER OR ANY OTHER PERSON REGARDING ANY PROJECTION OR FORECAST REGARDING FUTURE RESULTS OR ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED COMPANY OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS SUBSIDIARIES.

Disclaimer of Warranties. EXCEPT YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN INTERNET OR THE PRODUCT MANUALPORTAL WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI- VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE PORTAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. THE PORTAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL ARE PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BAR NOR GALMLS NOR ANY PERSON ASSOCIATED WITH BAR OR GALMLS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PORTAL. WITHOUT PERFORMANCE ASSURANCES LIMITING THE FOREGOING, NEITHER BAR NOR GALMLS NOR ANYONE ASSOCIATED WITH BAR OR GUARANTEES GALMLS REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PORTAL OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BAR AND GALMLS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND YOUR USE IS AT YOUR SOLE RISKFITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEPORTAL MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, AND HEREBY DISCLAIMNEITHER BAR NOR GALMLS (I) IS RESPONSIBLE FOR THE CONTENT OF SUCH THIRD-PARTY WEBSITES, ANY AND ALL EXPRESS, IMPLIED (II) ENDORSE SUCH SITES OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGETHEIR CONTENTS, OR TRADE PRACTICE(III) REPRESENT THAT WE HAVE ANY RELATIONSHIP WITH SUCH SITES OR THEIR OPERATORS. EA THE FOREGOING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; AFFECT ANY WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL CANNOT BE UNINTERRUPTED EXCLUDED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE LIMITED UNDER APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOULAW.

Disclaimer of Warranties. EXCEPT FOR ALL MATERIAL AND INFORMATION ON THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PAS DIGITAL ARCHIVE ARE PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS, " WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES OF ANY KINDIMPLIED, AND YOUR USE IS AT YOUR SOLE RISK. INCLUDING, BUT NOT LIMITED TO, THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DESCRIPTIONS OF, NONINFRINGEMENT OR REFERENCES TO, PRODUCTS OR PUBLICATIONS DO NOT IMPLY ENDORSEMENT OF THIRD PARTY RIGHTSTHAT PRODUCT OR PUBLICATION. IN NO EVENT SHALL PAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ARTICLES OR OTHER MATERIAL DERIVED FROM THE PAS DIGITAL ARCHIVE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND WARRANTIES ON ANY THEORY OF LIABILITY. LICENSEE AGREES THAT IN NO EVENT SHALL ANY LIABILITY OF PAS (IF ANY) ARISING FROM A COURSE OR ANY OF DEALINGITS AFFILIATES, USAGEEMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR TRADE PRACTICEAUTHORS) EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY LICENSEE FOR THE SUBSCRIPTION YEAR PRIOR TO THE MAKING OF A CLAIM. EA DOES NOT WARRANT AGAINST INTERFERENCE IF LICENSEE IS DISSATISFIED WITH YOUR ENJOYMENT THE SERVICES OF PAS OR THE CONTENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION PAS DIGITAL ARCHIVE OR ANYTHING ELSE RELATED TO THIS LICENSE, LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS LICENSE AND DISCONTINUE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDPAS DIGITAL ARCHIVE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYChanges may be made to the PAS Digital Archive at any time. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUAny advertising appearing in the PAS Digital Archive is the sole responsibility of the advertiser. Neither PAS nor the PAS Digital Archive endorses or warrants any product advertised or any statements made in any advertisements. Nor is PAS or any PAS Digital Archive responsible for the quality or content of any material linked to any PAS Digital Archive.

Disclaimer of Warranties. EXCEPT FOR 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SDK IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SDK IS PROVIDED TO YOU “"AS IS,” WITH ALL FAULTS, " AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES KIND FROM GOOGLE. 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR GUARANTEES OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. 11. LIMITATION OF LIABILITY 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, NONINFRINGEMENT OF THIRD PARTY RIGHTSITS SUBSIDIARIES AND AFFILIATES, AND WARRANTIES (IF ANY) ARISING FROM A COURSE ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF DEALINGLIABILITY FOR ANY DIRECT, USAGEINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR TRADE PRACTICE. EA DOES EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION POSSIBILITY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEANY SUCH LOSSES ARISING. 12. Indemnification 12.1 To the maximum extent permitted by law, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDyou agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this License Agreement. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY13. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.Changes to the License Agreement

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES ASSURANCE OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO VIASAT DOES NOT MAKE, MAKE AND HEREBY DISCLAIMDISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA VIASAT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE APPLICATION WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR ; THAT THE SOFTWARE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR APPLICATION; THAT ANY ERRORS IN THE SOFTWARE APPLICATION WILL BE CORRECTED; THAT THE INFORMATION CONTAINED IN THE APPLICATION IS TRUE AND ACCURATE; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA VIASAT OR ITS AFFILIATE COMPANIES OR ANY AUTHORIZED REPRESENTATIVE OF ANY OF THEM SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 6) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, Customer acknowledges and agrees that Datapath is not the developer or manufacturer of Third Party Products provided under this Agreement. CUSTOMER ACKNOWLEDGES AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS AGREES THAT ALL PRODUCTS ARE BEING MADE AVAILABLE AND PROVIDED TO YOU CUSTOMER ON AN “AS IS,” BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY WHATSOEVER. DATAPATH MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING THE ADEQUACY, AVAILABILITY, STABILITY, UTILITY, INTEGRITY OR QUALITY OF THE PRODUCTS, WHICH BOTH PARTIES ACKNOWLEDGE ARE THE PROPERTY OF OR ARE MANUFACTURED OR DEVELOPED BY THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS. DATAPATH EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WITHOUT LIMITATION WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS AND WARRANTIES (IF ANY) THOSE ARISING FROM A TRADE USAGE OR COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DATAPATH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THIRD-PARTY SOFTWARE OR SERVICE SOFTWARE WILL PERFORM UNINTERRUPTED, ERROR FREE OR VIRUS FREE, NOR DOES DATAPATH WARRANT THAT THE SOFTWARE SAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION CUSTOMER’S REQUIREMENTS OR RESULT IN INCREASED REVENUES OR PROFITS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDCUSTOMER. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA DATAPATH, ITS AGENTS OR EMPLOYEES WILL IN ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION DATAPATH HAS NO LIABILITY FOR VIOLATION OF LAWS BY CUSTOMER OR LIMITATIONS ON IMPLIED WARRANTIES OTHER USERS OF THIRD-PARTY PRODUCTS. CUSTOMER HEREBY RELEASES DATAPATH FROM ANY AND ALL CLAIMS FOR BREACH OF WARRANTY ARISING OUT OF ITS OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS ITS AUTHORIZED USERS’ USE OF A CONSUMERTHIRD PARTY PRODUCTS. To the extent allowed by the developer or manufacturer of the products, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDatapath shall pass through to Customer all third party end- user warranties, indemnities and guarantees relating to the products, if any, including without limitation any indemnities or warranties regarding infringement claims related to Third Party Software. To the extent Datapath is not permitted to pass such warranties or indemnities through to Customer, Datapath agrees to enforce such warranties and indemnities, if any, on behalf of Customer.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND EXPRESS WARRANTIES SET FORTH IN THE PRODUCT MANUALSECTIONS 12, 28 AND 29 OF THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PRODUCTS AND SERVICES PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY BY SUPPLIER AND ANY DEFECTS THEREIN OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESNATURE WHATEVER, INCLUDING IMPLIED WITHOUT LIMITATION WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. SUPPLIER SHALL NOT BE LIABLE FOR, AND WARRANTIES (IF ANY) ARISING FROM A COURSE BUYER ASSUMES ALL RISK OF, ANY ADVICE OR FAILURE TO PROVIDE ADVICE BY SUPPLIER TO BUYER REGARDING THE PRODUCTS OR SERVICES OR BUYER'S USE OF DEALINGTHE SAME. UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE TO BUYER UNDER ANY TORT, USAGENEGLIGENCE, STRICT LIABILITY, OR TRADE PRACTICEPRODUCT LIABILITY CLAIM AND BUYER AGREES TO WAIVE SUCH CLAIMS. EA DOES NOT WARRANT AGAINST INTERFERENCE SUPPLIER’S SOLE AND EXCLUSIVE LIABILITY, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY NONCONFORMITY OR DEFECT IN THE PRODUCTS OR SERVICES PERFORMED BY SUPPLIER OR ANYTHING DONE IN CONNECTION WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREETHIS CONTRACT, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL BE AS SET FORTH IN SECTIONS 12, 28 and 29 HEREOF AS LIMITED BY SECTIONS 12, 13, 28 and 29 HEREOF. THESE EXCLUSIVE REMEDIES SHALL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE (AS THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS TERM IS USED IN THE SOFTWARE WILL BE CORRECTED. NO ORAL UNIFORM COMMERCIAL CODE) PROVIDED THAT SUPPLIER REMAINS WILLING TO REPAIR OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE REPLACE DEFECTIVE PRODUCTS (AS SET FORTH IN THIS CONTRACT) WITHIN A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCOMMERCIALLY REASONABLE TIME AFTER RECEIVING SUCH DEFECTIVE PRODUCTS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY STATED IN THE PRODUCT MANUALTHIS SECTION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH WE EXPRESSLY DISCLAIM ALL FAULTS, WITHOUT WARRANTY WARRANTIES AND CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, TERM AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT AND ANY WARRANTY ARISING BY STATUTE, NONINFRINGEMENT OPERATION OF THIRD PARTY RIGHTSLAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO, AND WARRANTIES SPECIFICALLY DISCLAIM ANY, WARRANTY OR REPRESENTATION THAT THE CLOUD SERVICE: (IF ANYA) ARISING WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, FAIL SAFE OR FREE OF VIRUSES; (B) WILL MEET YOUR BUSINESS REQUIREMENTS OR OPERATE WITH YOUR CURRENT SYSTEMS; (C) WILL COMPLY WITH ANY PARTICULAR LAW; OR (D) WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK OR OTHERWISE PROVIDE COMPLETE PROTECTION AGAINST ANY SECURITY THREATS VULNERABILITIES. YOU WILL NOT MAKE ANY REPRESENTATION OR OTHER STATEMENT OR UNDERTAKE ANY ACT OR OMISSION INCONSISTENT WITH THIS SECTION. YOU ASSUME TOTAL RESPONSIBILITY FOR THE SELECTION OF THE CLOUD SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR YOUR USE OF THE RESULTS OBTAINED FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHE CLOUD SERVICES. EA DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE CLOUD SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT WILL APPLY TO YOUTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. No Guarantee. NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE SECURE. CUSTOMER ACKNOWLEDGES THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET, NETWORKS, OR SYSTEMS OUTSIDE OUR CONTROL AND THAT THE CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR NETWORKS, SERVERS, APPLICATIONS AND ACCESS CODES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, LOSS OF CUSTOMER DATA OR DAMAGES RESULTING FROM THOSE PROBLEMS. High-Risk Systems Terms. OUR PRODUCTS MAY FAIL AND ARE NOT DESIGNED, DEVELOPED, TESTED, OR INTENDED TO BE RELIABLE IN THE CONTEXT OF HIGHRISK SYSTEMS. WE HAVE NO RESPONSIBILITY FOR, AND YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR AFFILIATES AND REPRESENTATIVES FROM ALL CLAIMS, SUITS, DEMANDS, AND PROCEEDINGS ALLEGING, CLAIMING, SEEKING, OR ASSERTING, ANY LIABILITY, LOSS, OBLIGATION, RISK, COST, DAMAGE, AWARD, PENALTY, SETTLEMENT, JUDGMENT, FINE OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS ON OR IN A HIGH-RISK SYSTEM, INCLUDING THOSE THAT COULD HAVE BEEN PREVENTED BY DEPLOYMENT OF FAIL-SAFE OR FAULT- TOLERANT FEATURES TO THE HIGH-RISK SYSTEM, OR ARE BASED ON A CLAIM, ALLEGATION, OR ASSERTION THAT THE FUNCTIONING OF THE HIGH- RISK SYSTEM DEPENDS OR DEPENDED ON THE FUNCTIONING OF THE CLOUD SERVICES, OR THAT THE FAILURE OF ANY OF OUR PRODUCTS CAUSED A HIGHRISK SYSTEM TO FAIL.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THE TRANSACTION DOCUMENTS, MODERNIZING MEDICINE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MODERNIZING MEDICINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, ANY PRODUCTS OR FEATURES IN CONNECTION WITH THE SOFTWARE, THE EMA SERVICES, THE ADDITIONAL SERVICES AND SOW SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TREATMENTS, PROCEDURES, INFORMATION, DATA, PRODUCTS, MEDICATIONS AND OTHER MATTERS REFERENCED BY THE SOFTWARE, REMAINS WITH THE MEDICAL PRACTICE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODERNIZING MEDICINE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE AND ANY PRODUCT(S), GOOD(S), INFORMATION, DATA OR MATERIALS PROVIDED BY MODERNIZING MEDICINE AS PART OF THE PRODUCT MANUALSOFTWARE, EMA SERVICES, ADDITIONAL SERVICES OR SOW SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, THE MODERNIZING MEDICINE IP, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWANY EMA SERVICE, THE SOFTWARE ADDITIONAL SERVICE OR SOW SERVICE IS PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONINFRINGEMENT. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF THIRD PARTY RIGHTSANY KIND, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, EITHER EXPRESS OR TRADE PRACTICEIMPLIED. EA MODERNIZING MEDICINE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH MAKE ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.REPRESENTATION REGARDING

Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE V (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE), BLOCKER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF BLOCKER, THE COMPANY AND ITS SUBSIDIARIES, OR THEIR RESPECTIVE ASSETS, AND BLOCKER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO BLOCKER’S, THE COMPANY’S OR ITS SUBSIDIARIES’ ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN THEIR PRESENT CONDITION, AND PURCHASER AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE V (AS MODIFIED BY THE PRODUCT MANUALCOMPANY DISCLOSURE SCHEDULE), BLOCKER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO PURCHASER OR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPURCHASER OR ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES BY ANY STOCKHOLDER, WITHOUT WARRANTY DIRECTOR, OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMCOMPANY, ANY AND ALL EXPRESS, IMPLIED SELLER OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES ANY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICETHEIR RESPECTIVE AFFILIATES). EA BLOCKER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED MAKE NOR HAS MADE ANY REPRESENTATIONS OR ERROR- FREE, WARRANTIES TO PURCHASER OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE PERSON REGARDING ANY PROJECTION OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL FORECAST REGARDING FUTURE RESULTS OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES ACTIVITIES OR THE LIMITATIONS ON PROBABLE SUCCESS OR PROFITABILITY OF BLOCKER OR THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME COMPANY OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS SUBSIDIARIES.

Disclaimer of Warranties. EXCEPT FOR YOUR USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN BRAND PORTAL IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE BRAND PORTAL IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. LEAP DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, WITHOUT WARRANTY REPRESENTATIONS, AND WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES INCLUDING ANY IMPLIED CONDITION OR GUARANTEES WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT TITLE, OR NON-INFRINGEMENT. LEAP MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE BRAND PORTAL, ANY CONTENT ON THE BRAND PORTAL, OR ANY THIRD PARTY RIGHTSCONTENT. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM USING THE BRAND PORTAL, AND WARRANTIES (IF ANY) INCLUDING ANY OF YOUR CONFIDENTIAL INFORMATION YOU SUBMIT. LEAP DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS LOGGING INTO OR REGISTERING TO USE THE BRAND PORTAL, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE BRAND PORTAL BY OTHER USERS; THEREFORE, LEAP DISCLAIMS ALL LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM A COURSE OUT OF DEALINGINACCURATE INFORMATION, USAGEFRAUD, NEGLIGENCE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WILLFUL MISCONDUCT THROUGH THE BRAND PORTAL, OR ANY OTHER INAPPROPRIATE USES OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUBRAND PORTAL.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ALL SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED OR PERFORMED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALAN "AS IS" BASIS, AND TO CUSTOMER USE OF THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SERVICES IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS SOLELY AT YOUR SOLE ITS OWN RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES CUSTOMER'S EXCLUSIVE REMEDY IS TERMINATION AS SET FORTH IN PARAGRAPH 5 OF THIS SECTION AND SECTION 8) DO AGREEMENT. RLI DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA RLI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE, WITHOUT SLOW RESPONSE TIME, OR COMPLETELY SECURE. IN NO EVENT SHALL RLI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSSES, LOST PROFITS, LOST OR STOLEN DATA, DAMAGES, DELAYS INTERRUPTIONS, OR VIRUSES ARISING OUT OF OR RELATED TO THIS AGREEMENT REGARDLESS OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION BASIS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREECLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OR THAT RLI’S AGGREGATE LIABILITY TO CUSTOMER (INCLUDING ATTORNEY’S FEES), IF ANY, SHALL NOT EXCEED THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL AMOUNT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY FEES PAID TO YOURLI BY CUSTOMER UNDER THIS AGREEMENT DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “LICENSED ON AN "AS IS,” WITH ALL FAULTS, " BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND. IQNITER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET REQUIREMENTS OF THE LICENSEE OR OPERATE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR REQUIRED BY STATUTE, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY THERE ARE NO WARRANTIES, INCLUDING EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. IQNITER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND SATISFACTORY QUALITY AND NON-INFRINGEMENT. IQNITER’S SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED FOR USE IN MEDICAL OR OTHER PURPOSES WHEN FAILURE COULD LEAD DIRECTLY TO DEATH OR PERSONAL INJURY. IQNITER OR ITS AFFILIATES, NONINFRINGEMENT OFFICES, EMPLOYEES, AGENTS, SUPPLIERS or LICENSORS ARE NOT RESPONSIBEL FOR LOSS OF USER DATA OR USER DEFINED SETTINGS IN THE SYSTEM, HEREUNDER CLAIMS BASED ON CLAIMS FROM THIRD PARTY RIGHTSPARTIES. NOR THEY ARE RESPONSIBLE FOR LOSS OR DAMAGE OF USER’S DATA OR USER’S DEFINED SETTINGS. 16 DAMAGES, LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY MANDATORY LAW, IN NO EVENT WILL IQNITER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGELOST SAVINGS, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT FOR THE LOSS OF, DAMAGE TO, OR ALTERATION OF DATA OR DATA FILES OF THE SOFTWARE; THAT OTHER PARTY DUE TO ANY CAUSE AND THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION RESULTING DAMAGES AND EXPENSES INCURRED, SUCH AS EXPENSES BASED ON THE RE-CREATION OF DATA FILES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION POSSIBILITY OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUCH DAMAGES.

Disclaimer of Warranties. EXCEPT FOR YOUR USE OF THE LIMITED WARRANTY PLATFORM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE PLATFORM OR THE INFORMATION, MATERIALS, OR GOODS APPEARING OR OFFERED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND PLATFORM OR WITH RESPECT TO ANY WEBSITES LINKED FROM THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLATFORM. THE SOFTWARE PLATFORM IS PROVIDED TO YOU “AS IS,” ”, “WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND”, AND YOUR USE IS AT YOUR SOLE RISK“AS AVAILABLE”. WITHOUT LIMITING THE ENTIRE RISK GENERALITY OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKETHE FOREGOING, AND HEREBY DISCLAIMWE DISCLAIM ALL WARRANTIES, ANY AND ALL EXPRESS, IMPLIED STATUTORY OR STATUTORY WARRANTIESIMPLIED, INCLUDING IMPLIED BUT NOT LIMITED TO (I) THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF THIRD PARTY RIGHTS, AND ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES (IF ANY) ARISING FROM A THROUGH COURSE OF DEALINGDEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, USAGERELIABILITY, CORRECTNESS, OR TRADE PRACTICECOMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY COMCAST SPECTACOR. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; FURTHER, THERE IS NO WARRANTY THAT THE SOFTWARE PLATFORM WILL MEET YOUR REQUIREMENTS; NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT OPERATION THE PLATFORM, INCLUDING WITHOUT LIMITATION COMCAST SPECTACOR CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. COMCAST SPECTACOR DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY COMCAST SPECTACOR CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR COMCAST SPECTACOR CONTENT. COMCAST SPECTACOR MAKES NO REPRESENTATION THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDUNITED STATES. NO ORAL OR WRITTEN ADVICE PROVIDED INFORMATION MADE AVAILABLE BY EA OR ANY AUTHORIZED REPRESENTATIVE ON BEHALF OF COMCAST SPECTACOR SHALL CREATE A ANY WARRANTY. SOME JURISDICTIONS DO IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. RELEASE REGARDING THIRD PARTIES To the fullest extent permitted by law, Comcast Spectacor shall not be responsible for third parties or their products and services, including, without limitation, the mobile application stores, third-party websites or services, third party vendors, or internet service providers. Comcast Spectacor hereby disclaims, and you hereby discharge, waive and release Comcast Spectacor and its licensors and suppliers from any past, present and future claims, liabilities and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, EXCEPT FOR WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT, WILL COMCAST SPECTACOR, ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, CONTRACTORS AGENTS, EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY COMCAST SPECTACOR CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE PLATFORM. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMCAST SPECTACOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Comcast Spectacor’s liability in such jurisdictions shall be limited to the extent permitted by law. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform.

Disclaimer of Warranties. EXCEPT FOR THE THIS LIMITED WARRANTY ON RECORDING MEDIA FOUND IN IS THE PRODUCT MANUALSOLE AND EXCLUSIVE WARRANTY GIVEN BY ENPHASE AND, AND EXCEPT TO THE FULLEST EXTENT PERMISSIBLE UNDER PROHIBITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES AND CONDITIONS, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, ARISING BY LAW, COURSE OF ANY KINDDEALING, WITHOUT COURSE OF PERFORMANCE ASSURANCES USAGE OF TRADE, OR GUARANTEES OTHERWISE (INCLUDING WARRANTIES AND CONDITIONS OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGENON-INFRINGEMENT, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WARRANTIES AS TO THE ACCURACY, SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR OTHER INFORMATION PROVIDED IN MANUALS OR OTHER DOCUMENTATION) SHALL BE LIMITED IN DURATION TO THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION DURATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A THIS LIMITED WARRANTY. SOME THE GRANT OF THIS LIMITED WARRANTY BY ENPHASE IS CONDITIONED UPON AGREEMENT BY THE COVERED OWNER TO THE TERMS, CONDITIONS AND REQUIREMENTS HEREIN. THE LAWS OF CERTAIN JURISDICTIONS DO MAY CONFER GREATER OR ADDITIIONAL RIGHTS ON THE COVERED OWNER, INCLUDING, BUT NOT ALLOW LIMITED TO, PROHIBITING LIMITATIONS ON THE DURATION OF A WARRANTY OR PROHIBITING THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN STATUTORY WARRANTIES. WHERE SUCH LAWS APPLY TO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCOVERED OWNER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS OR LIMITATION MAY NOT APPLY TO YOUCOVERED OWNER, AND SUCH COVERED OWNER MAY HAVE ADDITIONAL RIGHTS. THIS LIMITED WARRANTY GIVES COVERED OWNER SPECIFIC LEGAL RIGHTS, AND COVERED OWNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND SOFTWARE, UPGRADES AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE PRODUCT MANUAL, AND XXXX. NO OTHER WARRANTIES ARE MADE BY SAGE WITH RESPECT TO THE FULLEST SOFTWARE AND MATERIALS. SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE NOT WARRANTED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, SAGE PROVIDES THE SOFTWARE IS PROVIDED TO YOU MATERIALS AND SERVICES “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. “AS AVAILABLE” AND THE ENTIRE RISK OF AS TO SATISFACTORY QUALITY QUALITY, PERFORMANCE, ACCURACY AND PERFORMANCE RESIDES EFFORT IS WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKEEXCEPT AS PROVIDED IN THE LIMITED WARRANTY, AND IF ANY, SAGE HEREBY DISCLAIM, ANY AND DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGECONDITIONS, OR TRADE PRACTICEDUTIES OF EVERY NATURE WHATSOEVER. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT FURTHER, THERE IS NO WARRANTY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION TITLE, ENJOYMENT, OR LACK OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEINFRINGEMENT, OR THAT THE SOFTWARE PROVISION OR OPERATION OF ANY MATERIALS WILL INTEROPERATE BE TIMELY OR UNINTERRUPTED. 12. Limitation of Liability and Exclusion of Damages. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR FOR ANY REASON WHATSOEVER, SAGE’S ENTIRE LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT OR PRODUCTS LIABILITY), OR UNDER THE LIMITED WARRANTY, YOUR EXCLUSIVE REMEDY AGAINST SAGE SHALL BE COMPATIBLE WITH LIMITED TO THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU, UP TO AN AMOUNT NOT EXCEEDING THE FEES PAID TO SBS FOR THE PRECEDING 12-MONTH PERIOD. PROVISIONS SET FORTH IN SECTIONS 10, 11, AND 12 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY OTHER SOFTWARE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR THAT INDIRECT DAMAGES OR LOSSES WHATSOEVER, ARISING OUT OF OR IN ANY ERRORS WAY RELATED TO THE SAGE MATERIALS, EVEN IF SAGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE SOFTWARE WILL BE CORRECTEDEVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE 13. Supported Product Policy. As part of SAGE’s commitment to our customers, we undertake to support both the current version and the two (2) most immediate prior versions for all our solutions. This ensures that as new releases become available, customers can upgrade at a time suitable to their business. However, product fixes and service packs will only be available for the current version and the one (1) most immediate prior version. Always consult the product compatibility guide as product fixes will not be available for previous versions to make them compatible with external products. For supported versions of SAGE solutions please contact your Sage Solution Provider or visit xxx.xxxx.xxx/xx. Sale of software will only be available to customers who are current on Software Assurance. Technical support provided by SAGE to Solution Providers on behalf of a customer will only be available where the customer is current on Software Assurance. 14. Obsolete Product Policy. Obsolete products are those that have been replaced by a newer version and are no longer supported. Additional licenses for Obsolete products may still be purchased provided SAGE is able to provide activation codes. A WARRANTY25% premium may apply and Software Assurance is based on the RRP of the current version. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU15.

Disclaimer of Warranties. EXCEPT FOR ANY EXPRESSLY STATED WARRANTIES, REPRESENTATIONS AND COVENANTS CONTAINED HEREIN, INCLUDING FUTURE SELLER’S WARRANTY OF TITLE TO THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN PROPERTY, FUTURE SELLER SHALL SELL THE PRODUCT MANUALPROPERTY AND FUTURE BUYER SHALL PURCHASE THE PROPERTY “AS-IS”, “WHERE IS” AND FUTURE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE NO LIABILITY, UNLESS OTHERWISE MANDATED FOR BY LAW, FOR: (1) THE CONDITION OF THE PROPERTY, OR ANY BUILDING, STRUCTURE, OR IMPROVEMENTS ON THE PROPERTY OR THE SUITABILITY, HABITABILITY, MERCHANTABILITY OR FITNESS OF THE PROPERTY FOR FUTURE BUYER’S INTENDED USE OR FOR ANY USE WHATSOEVER (2) COMPLIANCE WITH ANY BUILDING, ZONING OR FIRE LAWS OR REGULATIONS OR WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE EXISTANCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS THAT WOULD NOT CAUSE A MATERIAL LIABILITY, IF ANY; (3) THE AVAILABILITY OR ADEQUACY OF ANY WATER, SEWER, OR UTILITY RIGHTS; (4) THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR UREA FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE PROPERTY; (5) THE PRESENCE OF ANY UNDERGROUND STORAGE TANKS OR ABOVE GROUND STORAGE TANKS ON THE PROPERTY; (6) THE ACCURACY OR COMPLETENESS OF ANY PLANS AND SPECIFICATIONS, REPORTS, OR OTHER MATERIALS PROVIDED TO FUTURE BUYER; OR (7) ANY OTHER MATTER RELATING TO THE CONDITION OF THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUTURE SELLER SHALL HAVE NO LIABILITY TO FUTURE BUYER WITH RESPECT TO THE CONDITION OF THE PROPERTY UNDER ANY LAW OR REGULATION, EXCEPT WHEN SUCH WAIVER IS NOT PERMITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND FUTURE BUYER HEREBY DISCLAIM, WAIVES ANY AND ALL EXPRESS, IMPLIED CLAIMS WHICH FUTURE BUYER HAS OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT MAY HAVE AGAINST INTERFERENCE FUTURE SELLER WITH YOUR ENJOYMENT RESPECT TO THE CONDITION OF THE SOFTWARE; PROPERTY EXCEPT FOR ITS ENVIRONMENTAL CONDITION AND EXCEPT WHEN SUCH WAIVER IS NOT PERMITED BY APPLICABLE LAW. FUTURE SELLER AND FUTURE BUYER ACKNOWLEDGE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THIS DISCLAIMER HAS BEEN SPECIFICALLY NEGOTIATED. FUTURE BUYER AND FUTURE SELLER ACKNOWLEDGE THAT OPERATION THIS DISCLAMER IS MADE IN ACCORDANCE WITH ARTICLES 6 AND 2041 OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT CIVIL CODE IN EFFECT FOR THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDSTATE OF CHIHUAHUA. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUThe Representations and Warranties given by Future Seller in this Clause shall survive the Closing and the issuance and delivery of the Public Deed transferring title of the Property to Future Buyer.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, SET FORTH ABOVE AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED TO YOU “AS IS,” ”, WITH ALL FAULTS, FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY APPLE AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “EAAPPLE” FOR THE PURPOSES OF THIS SECTION SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND SECTION 8) DO NOT MAKECONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA APPLE OR ANY AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The Apple Software automatically references, displays, and links to sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (a) the accuracy, availability, currency, content, or quality of any such sites and information, or (b) whether an Apple search completed through the Apple Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the Apple Software may automatically and unintentionally generate links or references to objectionable material. By using the Apple Software, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the Apple Software, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content displayed by or accessed through the Apple Software. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the Apple Software or for any inaccuracies, errors in or omissions from the content. Financial information displayed by the Apple Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Apple Software, you should consult with a financial professional. Neither Apple nor any of its Content providers guarantees the accuracy, completeness, or timeliness of stock information appearing within the Apple Software. The Apple Software may be used to conduct automated translations. As automated translations are performed by software tools and do not involve any human intervention or verification, it is not advisable to rely upon such translations where absolute accuracy is required.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALOther than those expressly set out in this Article IV, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWand the special warranty of title included in the Assignment, THE SOFTWARE IS PROVIDED TO YOU Sellers hereby expressly disclaim any and all representations or warranties with respect to the Properties or the transactions contemplated hereby. In addition, each Seller’s liability under the special warranty of title shall be limited to those Properties specifically sold or conveyed by that Seller. Buyer agrees that the Properties are being sold by each Seller “AS IS,where is” WITH ALL FAULTSand “as is”, WITHOUT with all faults. Specifically as a part of (but not in limitation of) the foregoing, Buyer acknowledges that Sellers have not made, and Sellers hereby expressly disclaim, any representation or warranty (express, implied, under common law, by statute or otherwise) as to the title or condition of the Properties (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR CONFORMITY TO MODELS OR SAMPLES OF THIRD PARTY RIGHTSMATERIALS). OTHER THAN THOSE EXPRESSLY SET OUT IN THIS ARTICLE IV, AND WARRANTIES SELLERS MAKE NO REPRESENTATION OR WARRANTY AS TO (I) THE AMOUNT, VALUE, QUALITY, QUANTITY, VOLUME, OR DELIVERABILITY OF ANY OIL, GAS, OR OTHER MINERALS OR RESERVES (IF ANY) ARISING FROM A COURSE OF DEALINGIN, USAGEUNDER, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ATTRIBUTABLE TO THE PROPERTIES, (II) THE PHYSICAL, OPERATING, REGULATORY COMPLIANCE, SAFETY, OR ENVIRONMENTAL CONDITION OF THE SOFTWARE; THAT PROPERTIES, BOTH SURFACE AND SUBSURFACE, INCLUDING MATTERS RELATED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS MATERIALS, SOLID WASTES, ASBESTOS OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”), OR (III) THE GEOLOGICAL OR ENGINEERING CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED PROPERTIES OR ERROR- FREEANY VALUE THEREOF. SELLERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, STATUTORY, OR IMPLIED, AS TO (A) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED TO BUYER IN CONNECTION WITH THE PROPERTIES OR OTHERWISE CONSTITUTING A PORTION OF THE PROPERTIES; (B) THE PRESENCE, QUALITY, AND QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES; (C) THE ABILITY OF THE PROPERTIES TO PRODUCE HYDROCARBONS, INCLUDING PRODUCTION RATES, DECLINE RATES, AND RECOMPLETION OPPORTUNITIES; (D) IMBALANCE OR PAYOUT ACCOUNT INFORMATION, ALLOWABLES, OR OTHER REGULATORY MATTERS, (E) THE PRESENT OR FUTURE VALUE OF THE ANTICIPATED INCOME, COSTS, OR PROFITS, IF ANY, TO BE DERIVED FROM THE PROPERTIES, (F) THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, (G) ANY PROJECTIONS AS TO EVENTS THAT THE SOFTWARE WILL INTEROPERATE COULD OR BE COMPATIBLE WITH COULD NOT OCCUR, (H) ANY OTHER SOFTWARE MATTERS CONTAINED IN OR THAT OMITTED FROM ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL INFORMATION OR WRITTEN ADVICE PROVIDED MATERIAL FURNISHED TO BUYER BY EA SELLERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE OTHERWISE CONSTITUTING A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL PORTION OF THE ABOVE EXCLUSIONS PROPERTIES, OR (I) ANY PORTION OF THE PROPERTIES OTHER THAN THE PORTIONS OF THE PROPERTIES BEING SOLD OR CONVEYED BY THAT PARTICULAR SELLER. ANY DATA, INFORMATION, OR OTHER RECORDS FURNISHED BY SELLERS ARE PROVIDED TO BUYER AS A CONVENIENCE AND LIMITATIONS MAY NOT APPLY TO YOUBUYER’S RELIANCE ON OR USE OF THE SAME IS AT BUYER’S SOLE RISK.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE) OR IN ANY CERTIFICATE DELIVERED HEREUNDER, THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE OR QUALITY OF THE COMPANY OR THE COMPANY’S ASSETS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE COMPANY’S ASSETS, OR AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, IT BEING UNDERSTOOD THAT SUCH SUBJECT ASSETS ARE BEING ACQUIRED “AS IS, WHERE IS” ON THE CLOSING DATE, AND IN THEIR PRESENT CONDITION, AND PARENT AND MERGER SUB SHALL RELY ON THEIR OWN EXAMINATION AND INVESTIGATION THEREOF. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS ARTICLE IV (AS MODIFIED BY THE COMPANY DISCLOSURE SCHEDULE) OR IN ANY CERTIFICATE DELIVERED HEREUNDER, THE COMPANY HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS FOR ANY REPRESENTATION, WARRANTY, STATEMENT, OR INFORMATION MADE, COMMUNICATED, OR FURNISHED (ORALLY OR IN WRITING) TO PARENT, MERGER SUB OR THEIR AFFILIATES OR REPRESENTATIVES (INCLUDING ANY OPINION, INFORMATION, PROJECTION, OR ADVICE THAT MAY HAVE BEEN OR MAY BE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSPARENT OR MERGER SUB BY ANY STOCKHOLDER, WITHOUT WARRANTY DIRECTOR, OFFICER, EMPLOYEE, AGENT, CONSULTANT, OR REPRESENTATIVE OF THE COMPANY OR ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKITS AFFILIATES). THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT MAKE NOR HAS IT MADE ANY REPRESENTATIONS OR WARRANTIES TO PARENT OR MERGER SUB REGARDING ANY PROJECTION OR FORECAST REGARDING FUTURE RESULTS OR ACTIVITIES OR THE PROBABLE SUCCESS OR PROFITABILITY OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCOMPANY.

Disclaimer of Warranties. EXCEPT FOR AS EXPRESSLY PROVIDED HEREIN, THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SMART THERMOSTAT, USER DOCUMENTATION AND THE PRODUCT MANUALPOWERSHIFT PROGRAM, AND ALL RELATED INSTALLATION AND SUPPORT SERVICES COLLECTIVELY MADE AVAILABLE BY NVE OR ITS CONTRACTORS PURSUANT TO THIS AGREEMENT ARE ACCEPTED BY CUSTOMER “AS IS” AND “AS AVAILABLE,” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWOF THE LAW ARE PROVIDED WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE DOCUMENTS AND SERVICES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE INTEGRITY AND AVAILABILITY OF THE IS WITH CUSTOMER. NVE DOES NOT WARRANT: (I) THAT THE SMART THERMOSTAT WILL OPERATE IN COMBINATION WITH CUSTOMER’S HARDWARE, SOFTWARE OR SYSTEMS THAT DO NOT MEET RECOMMENDED STANDARDS IN THE USER DOCUMENTATION OR AS OTHERWISE RECOMMENDED BY NVE; (II) THAT THE SMART THERMOSTAT WILL OPERATE OR CONNECT WITH THE INTERNET IN A MANNER THAT IS PROVIDED TO SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER DESTRUCTIVE CODE TRANSFERRED, EMBEDDED OR OTHERWISE TRANSMITTED BY THIRD-PARTIES, OR (III) THAT THE USER DOCUMENTS, INSTALLATION AND/OR SUPPORT SERVICES WILL BE ERROR FREE. YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY ACKNOWLEDGE THAT TRANSMISSIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES DATA OVER THE INTERNET MAY NOT BE SECURE AND THAT USE OF ANY KIND, THE SMART THERMOSTAT AND YOUR USE TRANSMISSION OF DATA OVER THE INTERNET IS AT YOUR SOLE RISK. Limitation of Liability. IN NO EVENT WILL NVE, ITS EMPLOYEES, AGENTS, AFFILIATE OR SUBSIDIARY COMPANIES, OR ITS CONTRACTORS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK, OR FOR BODILY OR PROPERTY DAMAGE DUE TO CUSTOMER’S INSTALLATION OF THE ENTIRE RISK HAN DEVICE OR FOR ANY “CONSEQUENTIAL DAMAGES.” CONSEQUENTIAL DAMAGES MEANS AND INCLUDES LOST PROFITS, LOST SAVINGS, LOSS OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, LOST DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OR ARISING OUT OF THIS SECTION AND SECTION 8) DO NOT MAKEAGREEMENT, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT USE OF THE SOFTWARE; THAT SMART THERMOSTAT OR YOUR PARTICIPATION IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION POWERSHIFT PROGRAM, EVEN IF NVE HAS BEEN ADVISED OF THE SOFTWARE WILL BE UNINTERRUPTED POSSIBILITY OF SUCH LOSS OR ERROR- FREE, DAMAGE. THE AGGREGATE LIABILITY OF NVE AND ITS CONTRACTOR UPON ANY CLAIMS WHATSOEVER ARISING OUT OF OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA RELATING TO THIS AGREEMENT OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INFORMATION, PRODUCTS OR LIMITATIONS ON IMPLIED WARRANTIES SERVICES FURNISHED OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME TO BE FURNISHED BY NVE AND/OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY ITS CONTRACTOR UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO YOU$1000.00.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALAS PROVIDED ABOVE TRAFX AND ITS LICENSORS MAKE NO REPRESENTATION, AND WARRANTY, OR GUARANTY AS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF DATANET OR ANY CONTENT. TRAFX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SOFTWARE USE OF DATANET WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) DATANET WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DATANET WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) DATANET OR THE SERVER(S) THAT MAKE DATANET AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATANET AND ALL CONTENT IS PROVIDED TO YOU “STRICTLY ON AN "AS IS,” WITH " BASIS. ALL FAULTSCONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TRAFX AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUITS LICENSORS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALThe Parties acknowledge and agree that the research and Development to be conducted under this Agreement is experimental is nature, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWand that neither Party can guarantee a successful outcome thereof. Except for those warranties set forth in Sections 9.1 and 9.2 of this Agreement, neither Party makes any warranties, written, oral, express or implied, with respect to its performance under this Agreement or the results thereof. EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. Collaboration and License Agreement Main Body FURTHERMORE, NONINFRINGEMENT BIONTECH AND SANOFI ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS REPRESENTING AN ESTIMATE OR PROJECTION OF THIRD PARTY RIGHTSANTICIPATED COMMERCIAL SALES OF ANY LICENSED PRODUCT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; MILESTONES AND NET SALES LEVELS SET FORTH IN ARTICLE 6 OR ELSEWHERE IN THIS AGREEMENT OR THAT OPERATION OF HAVE OTHERWISE BEEN DISCUSSED BY THE SOFTWARE PARTIES ARE MERELY INTENDED TO DEFINE THE MILESTONE PAYMENTS OR ROYALTY OBLIGATIONS IN THE EVENT SUCH MILESTONES OR NET SALES LEVELS ARE ACHIEVED. NEITHER BIONTECH NOR SANOFI MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT EITHER PARTY WILL BE UNINTERRUPTED ABLE TO SUCCESSFULLY RESEARCH, DEVELOP, MANUFACTURE OR ERROR- FREECOMMERCIALIZE ANY LICENSED PRODUCT, OR THAT REGARDING THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH LIKELIHOOD OF SUCCESS OF ANY OTHER SOFTWARE OR APPLICATION FOR REGULATORY APPROVAL RELATING TO ANY LICENSED PRODUCT OR, IF COMMERCIALIZED, THAT ANY ERRORS IN THE SOFTWARE PARTICULAR NET SALES LEVEL OF SUCH LICENSED PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUACHIEVED.

Disclaimer of Warranties. THE PRODUCTS ARE PROVIDED “AS IS”. EXCEPT FOR AS PROVIDED IN SECTION 13, THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT MANUALPRODUCTS, AND INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF COMPANY DISCLAIMS ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESWARRANTY, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF CONDITIONTITLE, UNINTERRUPTED USENON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE IN RESPECT OF THE PRODUCTS. FOR THE AVOIDANCE OF DOUBT, NONINFRINGEMENT OF THIRD PARTY RIGHTSALL PRODUCTS ARE PRELEASE, ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND WARRANTIES (IF ANY) ARISING FROM ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A COURSE OF DEALINGFINAL, USAGEGENERALLY AVAILABLE PRODUCT OFFERING. PRODUCTS MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ACCESS TO AND USE OF THE SOFTWARE; THAT PRODUCTS IS ENTIRELY AT PARTICIPANT’S OWN RISK. IN NO EVENT SHALL THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION COMPANY BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION USE OF OR LIMITATIONS ON IMPLIED WARRANTIES OR INABILITY TO USE THE LIMITATIONS PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE APPLICABLE STATUTORY RIGHTS CORRECT FUNCTIONING OR PERFORMANCE OF A CONSUMER, SO SOME OR ALL ANY OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPRODUCTS.

Disclaimer of Warranties. EXCEPT FOR (a) YOUR USE OF AND ACCESS TO THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN X1 PLATFORM (AND/OR ANY ELEMENT THEREOF, SUCH AS X1 DEVICES) AND X1 APP PROGRAM (INCLUDING THE PRODUCT MANUALMATERIALS), IS AT YOUR SOLE RISK AND EXPENSE, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM SUCH USE, INCLUDING DAMAGE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWCOMPUTER SYSTEMS OR OTHER DEVICES, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH OR LOSS OF DATA. COMCAST EXPRESSLY DISCLAIMS ALL FAULTS, WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA A PARTY OR ANY THAT PARTY’S AUTHORIZED REPRESENTATIVE SHALL WILL CREATE A WARRANTYWARRANTY NOT EXPRESSLY STATED IN THIS PROGRAM AGREEMENT. SOME JURISDICTIONS DO THIS DISCLAIMER APPLIES EXCEPT TO THE EXTENT PROHIBITED BY ALL APPLICABLE LAWS, RULES, REGULATIONS AND ORDERS OF ANY GOVERNMENTAL AUTHORITY. • (b) IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT ALLOW EXTEND TO CLAIMS THAT THE EXCLUSION CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR LIMITATIONS ON IMPLIED WARRANTIES HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME DEBTOR OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOURELEASED PARTY.”

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS OTHERWISE EXPRESSLY SET FORTH IN THE PRODUCT MANUALTHIS AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWNEITHER PARTY MAKES ANY OTHER WARRANTIES CONCERNING LICENSED IP, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSIMPROVEMENTS OR ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMLIMITATION, ANY AND ALL EXPRESS, IMPLIED EXPRESS OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD PARTY RIGHTSRIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE EACH PARTY DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. VISTAGEN MAKES NO WARRANTY OR REPRESENTATION AS TO THE VALIDITY OR SCOPE OF DEALING, USAGE, UHN PATENT RIGHTS OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEIMPROVEMENT PATENT RIGHTS, OR THAT THE SOFTWARE WILL INTEROPERATE ANY LICENSED PRODUCT SHALL BE FREE FROM AN INFRINGEMENT ON PATENTS OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY INTELLECTUAL PROPERTY RIGHTS OF A CONSUMERTHIRD PARTIES. FURTHER, SO SOME VISTAGEN HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE UHN PATENT RIGHTS OR ALL IMPROVEMENT PATENT RIGHTS ARE SUITABLE FOR APOLLO’S PURPOSES. ___________________ ***** VISTAGEN THERAPEUTICS, INC. HAS REQUESTED THAT THE OMITTED PORTIONS OF THIS DOCUMENT, WHICH ARE INDICATED BY [*****], BE AFFORDED CONFIDENTIAL TREATMENT. VISTAGEN THERAPEUTICS, INC. HAS SEPARATELY FILED THE OMITTED PORTIONS OF THE ABOVE EXCLUSIONS DOCUMENT WITH THE SECURITIES AND LIMITATIONS MAY NOT APPLY TO YOUEXCHANGE COMMISSION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALOther than those expressly set out in this Article IV, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSellers hereby expressly disclaim any and all representations or warranties with respect to the Properties or the transactions contemplated hereby. Subject to and without in any manner affecting or diminishing Sellers’ indemnity obligations under Section 11.2 below, THE SOFTWARE IS PROVIDED TO YOU Buyer agrees that the Properties are otherwise being sold by each Seller “AS IS,where is” WITH ALL FAULTSand “as is”, WITHOUT with all faults. Specifically as a part of (but not in limitation of) the foregoing, Buyer acknowledges that Sellers have not made, and Sellers hereby expressly disclaim, any representation or warranty (express, implied, under common law, by statute or otherwise) as to the title or condition of the Properties (INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR CONFORMITY TO MODELS OR SAMPLES OF THIRD PARTY RIGHTSMATERIALS). OTHER THAN THOSE EXPRESSLY SET OUT IN THIS ARTICLE IV, AND WARRANTIES SELLERS MAKE NO REPRESENTATION OR WARRANTY AS TO (I) THE AMOUNT, VALUE, QUALITY, QUANTITY, VOLUME, OR DELIVERABILITY OF ANY OIL, GAS, OR OTHER MINERALS OR RESERVES (IF ANY) ARISING FROM A COURSE OF DEALINGIN, USAGEUNDER, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ATTRIBUTABLE TO THE PROPERTIES, (II) THE PHYSICAL, OPERATING, REGULATORY COMPLIANCE, SAFETY, OR ENVIRONMENTAL CONDITION OF THE SOFTWARE; THAT PROPERTIES, BOTH SURFACE AND SUBSURFACE, INCLUDING MATTERS RELATED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION PRESENCE, RELEASE OR DISPOSAL OF HAZARDOUS MATERIALS, SOLID WASTES, ASBESTOS OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (“NORM”), OR (III) THE GEOLOGICAL OR ENGINEERING CONDITION OF THE SOFTWARE WILL BE UNINTERRUPTED PROPERTIES OR ERROR- FREEANY VALUE THEREOF. SELLERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, STATUTORY, OR IMPLIED, AS TO (A) THE ACCURACY, COMPLETENESS, OR MATERIALITY OF ANY DATA, INFORMATION, OR RECORDS FURNISHED TO BUYER IN CONNECTION WITH THE PROPERTIES OR OTHERWISE CONSTITUTING A PORTION OF THE PROPERTIES; (B) THE PRESENCE, QUALITY, AND QUANTITY OF HYDROCARBON RESERVES (IF ANY) ATTRIBUTABLE TO THE PROPERTIES; (C) THE ABILITY OF THE PROPERTIES TO PRODUCE HYDROCARBONS, INCLUDING PRODUCTION RATES, DECLINE RATES, AND RECOMPLETION OPPORTUNITIES; (D) EXCEPT AS PROVIDED IN SECTIONS 4.13 AND/OR 4.14, IMBALANCE OR PAYOUT ACCOUNT INFORMATION, ALLOWABLES, OR OTHER REGULATORY MATTERS, (E) THE PRESENT OR FUTURE VALUE OF THE ANTICIPATED INCOME, COSTS, OR PROFITS, IF ANY, TO BE DERIVED FROM THE PROPERTIES, (F) EXCEPT AS PROVIDED IN SECTION 4.17, THE ENVIRONMENTAL CONDITION OF THE PROPERTIES, (G) ANY PROJECTIONS AS TO EVENTS THAT THE SOFTWARE WILL INTEROPERATE COULD OR BE COMPATIBLE WITH COULD NOT OCCUR, (H) ANY OTHER SOFTWARE MATTERS CONTAINED IN OR THAT OMITTED FROM ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL INFORMATION OR WRITTEN ADVICE PROVIDED MATERIAL FURNISHED TO BUYER BY EA SELLERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE OTHERWISE CONSTITUTING A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL PORTION OF THE ABOVE EXCLUSIONS PROPERTIES, OR (I) ANY PORTION OF THE PROPERTIES OTHER THAN THE PORTIONS OF THE PROPERTIES BEING SOLD OR CONVEYED BY THAT PARTICULAR SELLER. ANY DATA, INFORMATION, OR OTHER RECORDS FURNISHED BY SELLERS PURSUANT TO SECTION 6.1 OR UNDER OTHER PROVISIONS OF THIS AGREEMENT ARE PROVIDED TO BUYER AS A CONVENIENCE AND LIMITATIONS MAY NOT APPLY TO YOUBUYER’S RELIANCE ON OR USE OF THE SAME IS AT BUYER’S SOLE RISK.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALYour use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Continuued Copper, AND and they may include inaccuracies or typographical or other errors. Continuued Copper does not warrant the accuracy or timeliness of the Materials contained on this Site. Continuued Copper has no liability for any errors or omissions in the Materials, whether provided by Continuued Copper, our licensors or suppliers or other users. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWPROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE SOFTWARE IS INFORMATION, MATERIALS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES OF IMPLIED. ANY KINDTHIRD- PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, CONTINUUED COPPER DISCLAIMS ALL EXPRESS AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES WARRANTY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGNON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, USAGE, OR TRADE PRACTICE. EA CONTINUUED COPPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWARE; USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. BY PROVIDING THE MATERIALS ON THE SITE, CONTINUUED COPPER DOES NOT IN ANY WAY PROMISE THAT THE SOFTWARE MATERIALS WILL MEET YOUR REQUIREMENTS; THAT OPERATION REMAIN AVAILABLE TO YOU. CONTINUUED COPPER IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SOFTWARE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU. Limitation of Liability THE LIABILITY OF CONTINUUED COPPER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50). IN NO EVENT WILL CONTINUUED COPPER BE UNINTERRUPTED LIABLE TO YOU OR ERROR- FREEANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ON ANY OTHER SOFTWARE HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OTHER DATA OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMEROTHERWISE, SO SOME OR ALL EVEN IF CONTINUUED COPPER IS EXPRESSLY ADVISED OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUPOSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “ON AN "AS-IS" AND "AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AVAILABLE" BASIS AND YOUR USE IS USED AT YOUR SOLE RISK. TO THE ENTIRE RISK OF SATISFACTORY QUALITY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FreshmenSuccess, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND PERFORMANCE RESIDES WITH YOU. EA SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS WHATSOEVER AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION EXPRESSLY DISCLAIM ALL GUARANTEES AND SECTION 8) DO NOT MAKEWARRANTIES, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, REGARDING THE SOFTWARE, INCLUDING IMPLIED WARRANTIES ANY WARRANTY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, MERCHANTABILITY, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA FreshmenSuccess DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT THE SOFTWARE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF THE SOFTWARE; HACKERS, OTHER PROGRAM LIMITATIONS, OR THAT THE SOFTWARE WILL MEET YOUR PARTICULAR EXPECTATIONS OR REQUIREMENTS; . FreshmenSuccess ATTEMPTS TO ENSURE THAT OPERATION THE ACCOUNT DATA STORED ON OUR SERVERS IS SAFE AND SECURE BY EMPLOYING REASONABLE, INDUSTRY-RECOGNIZED SECURITY AND VIRUS SAFEGUARDS, AND CONDUCTING ROUTINE SYSTEM MAINTENANCE AND MONITORING. FURTHER, FreshmenSuccess MAKES NO REPRESENTATION OF ACCURACY RELATING TO INFORMATION AND ANALYSIS OF VOLUNTARILY SUPPLIED USER DATA BY THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREEINCLUDING, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYBUT NOT LIMITED TO, GRADE REPORTING. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU HAVE SPECIFIC LEGAL RIGHTS THAT MAY VARY FROM STATE TO STATE.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, Google and any third party who makes its software available in conjunction with or through Google Maps disclaim any responsibility for any harm resulting from your use of Google Maps and/or any third party software accessed in conjunction with or through Google Maps. GOOGLE MAPS IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE MAPS AND SUCH THIRD PARTY RIGHTS, SOFTWARE. YOU UNDERSTAND AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, AGREE THAT YOU DOWNLOAD AND/OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH USE GOOGLE MAPS AT YOUR ENJOYMENT OF THE SOFTWARE; OWN DISCRETION AND RISK AND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE YOU WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR ERROR- FREE, MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SOFTWARE WILL INTEROPERATE DOWNLOAD OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYUSE OF GOOGLE MAPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE MAPS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS, FROM INABILITY TO USE GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Miscellaneous Provisions These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and Google with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google. August 2006 SVENSKA

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, Google and any third party who makes its software available in conjunction with or through Google Maps disclaim any responsibility for any harm resulting from your use of Google Maps and/or any third party software accessed in conjunction with or through Google Maps. GOOGLE MAPS IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE MAPS AND SUCH THIRD PARTY RIGHTS, SOFTWARE. YOU UNDERSTAND AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, AGREE THAT YOU DOWNLOAD AND/OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH USE GOOGLE MAPS AT YOUR ENJOYMENT OF THE SOFTWARE; OWN DISCRETION AND RISK AND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE YOU WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR ERROR- FREE, MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SOFTWARE WILL INTEROPERATE DOWNLOAD OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYUSE OF GOOGLE MAPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE MAPS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS, FROM INABILITY TO USE GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Miscellaneous Provisions These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and Google with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND UNLESS OTHERWISE SET FORTH IN THE PRODUCT MANUALAPPLICABLE SCHEDULE: (I) THE DATA SETS AND APIs ARE FOR INFORMATIONAL PURPOSES ONLY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS ARE PROVIDED TO YOU ON AN “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE” BASIS; AND (II) TECH LAB AND ITS DATA CONTRIBUTORS MAKE NO WARRANTIES WHATSOEVER REGARDING THE DATA SETS, THE DATA CONTAINED THEREIN, THE DATA SOURCES, THE METHODS OF COMPILATION, OR THE APIs, INCLUDING, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMLIMITATION, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USEWITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSAVAILABILITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION, OR ANY WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, OR TRADE PRACTICEUSAGE OF TRADE, NOR DOES TECH LAB ENDORSE ANY CONTENT THEREIN OR ANY DATA CONTRIBUTOR THERETO. EA DOES TECH LAB AND ITS DATA CONTRIBUTORS ARE NOT WARRANT AGAINST INTERFERENCE WITH RESPONSIBLE FOR THE DATA SETS, THE DATA CONTAINED THEREIN, THE APIs, OR YOUR ENJOYMENT RELIANCE THEREON. YOUR USE OF THE SOFTWARE; LICENSED DATA SETS, THE DATA CONTAINED THEREIN, AND THE APIs IS AT YOUR OWN RISK. TO THE EXTENT THAT TECH LAB AND ITS DATA CONTRIBUTORS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION SCOPE AND DURATION OF THE SOFTWARE SUCH WARRANTY WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUMINIMUM PERMITTED UNDER SUCH LAW.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE I2OS IS PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, FAULTS AND DEFECTS AND WITHOUT WARRANTY WARRANTIES OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES WHETHER EXPRESS OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIESIMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSES, NONINFRINGEMENT TITLE OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON BEHALF OF THIRD PARTY RIGHTSOURSELVES AND OUR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, CONTRACTORS AND/OR REPRESENTATIVES, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO I2OS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, NON-INFRINGEMENT AND WARRANTIES (IF ANY) ARISING FROM THAT MAY ARISE OUT OF A COURSE OF DEALING, USAGECOURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT WITHOUT LIMITATION TO THE FORGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF THE SOFTWARE; ANY KIND THAT THE SOFTWARE I2OS WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL , ACHIEVE ANY INTENDED RESULTS, BE UNINTERRUPTED COMPATIBLE OR ERROR- WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT THE SOFTWARE WILL INTEROPERATE ANY ERROR OR BE COMPATIBLE WITH ANY OTHER SOFTWARE DEFECTS CAN OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF I2OS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WRITTEN ADVICE PROVIDED BY EA OTHER DEVICE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LOSS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDATA THAT RESULTS FROM SUCH USE.

Disclaimer of Warranties. EXCEPT FOR The Company and its affiliates, licensors, partners, suppliers, consultants and agents ("The Company Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Online Portal. The Company Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Online Portal. THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALONLINE PORTAL, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED ORACCESSED THROUGH THE ONLINE PORTAL), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE COMPANY ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. Some states do notallow the exclusionorlimitation ofimplied warranties, so the above disclaimers and exclusions may not apply toyou. YOU AGREE THAT YOUR USE OF THE ONLINE PORTAL ENTIRELY AT YOUR OWN RISK. HOLD HARMLESS AND WARRANTIES INDEMNITY You agree to hold harmless and indemnify The Company from andagainstanythird partyclaimarisingfromorinany way related toyouruseoftheOnline Portal,including any liability or expense arising from all claims, losses, damages (IF ANYactual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Insuch acase, the Company will provide youwith written noticeofsuch claim, suit or action. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE ONLINE PORTAL,WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) ARISING WHETHER THE DAMAGES ARISE FROM A COURSE USE OR MISUSE OF DEALINGAND RELIANCE ONTHE ONLINE PORTAL, USAGEFROM INABILITY TO USE THE ONLINE PORTAL, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE; THAT ONLINE PORTAL (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND(II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL FULLEST EXTENT PERMITTED BY LAW. Some states do not allow theexclusionorlimitationofincidentalorconsequential damages, so the above limitation and exclusions may not apply toyou. UNDERNOCIRCUMSTANCESSHALLTHE COMPANY BE UNINTERRUPTED OR ERROR- FREELIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS (AUD $1,000.00). SPECIAL SERVICES Duringthe TermYoumayrequest SpecialServices. Special Services are billed on an hourly basis of AUD$200/hour (or the thencurrentpublishedrate), OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDwith afour-hour minimum. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYIf applicable, You are also responsible for all expenses including any travel and livingexpenses associated with on- site Special Services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERThe hourly rate ismeasuredfromthe time assistance isprovided orfromthe timethe Company’s personnel departtheirservicecenter foron-site Special Services, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.whichever thecasemay be. Each additional hour or fraction thereof will be charged in thirty-minute increments. Examples of some special services would include:

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE (AND IF YOU ARE A PARENT, YOUR CHILD’S USE) OF THE CODESTERS PROPERTIES IS AT YOUR SOLE RISK, AND THE CODESTERS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKECODESTERS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND HEREBY DISCLAIMCONDITIONS OF ANY KIND, ANY AND ALL EXPRESSWHETHER EXPRESS OR IMPLIED, IMPLIED OR STATUTORY WARRANTIESINCLUDING, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. CODESTERS PARTIES MAKE NO WARRANTY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES REPRESENTATION OR CONDITION THAT: (IF ANY1) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THE CODESTERS PROPERTIES WILL MEET ANY REQUIREMENTS; (2) USE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE CODESTERS PROPERTIES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE OR ERROR- ERROR-FREE, ; OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT (3) ANY ERRORS IN THE SOFTWARE CODESTERS PROPERTIES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYYOU ACKNOWLEDGE AND AGREE THAT CODESTERS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CODESTERS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE ABOVE EXCLUSIONS YOUR (AND LIMITATIONS MAY NOT APPLY TO YOU.IF YOU ARE A PARENT, YOUR CHILD’S) COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE

Disclaimer of Warranties. EXCEPT FOR YOU HEREBY AGREE THAT THE LIMITED WARRANTY ON RECORDING MEDIA FOUND PROVIDED ABOVE (THE "LIMITED WARRANTY") CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM WHATSOEVER WITH THE SOFTWARE. EXCEPT AS PROVIDED IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWLIMITED WARRANTY, THE SOFTWARE IS PROVIDED TO YOU LICENSED “AS IS,” AND “AS AVAILABLE” AND XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL WARRANTIES ARISING BY LAW OR OTHERWISE WITH ALL FAULTSRESPECT TO THE SOFTWARE, WITHOUT INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES MERCHANTABILITY OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ; ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGE, COURSE OF DEALING OR TRADE PRACTICEUSAGE; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND, ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. EA XXXX DEERE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE RECEIVER’S ABILITY TO OBTAIN GNSS LOCATION DATA OR GNSS CORRECTION DATA WILL BE UNINTERRUPTED OR ERROR- ERROR FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL REPRESENTATION OR WRITTEN ADVICE PROVIDED OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY BY EA JOHN DEERE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ITS AFFILIATES OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUTHIRD PARTY SUPPLIERS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS SERVICES, THE DynEx MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED TO YOU BY OR ON BEHALF OF DynEx ARE PROVIDED ON AN “AS IS,” WITH AND “AS AVAILABLE” BASIS AND DynEx EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL FAULTS, WITHOUT WARRANTY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND TITLE OR NON-INFRINGEMENT OR WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGPERFORMANCE, USAGECOURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, OR TRADE PRACTICE. EA DynEx DOES NOT REPRESENT OR WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF SITE, THE SOFTWARE WILL BE UNINTERRUPTED SERVICES OR ERROR- DynEx MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DynEx DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER SOFTWARE STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT DynEx WILL NOT BE LIABLE FOR ANY ERRORS LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE SOFTWARE WILL BE CORRECTEDTRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION DISCLAIMER OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN MAY NOT APPLY IF AND TO YOUTHE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

Disclaimer of Warranties. EXCEPT FOR THIS SOFTWARE IS PROVIDED BY STAFFINGNATION AND ANY OF OUR LICENSORS AND/OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE UPON THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALSOFTWARE, ANY THIRD-PARTY CONTENT, AND/OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THIS SOFTWARE IS BEING PROVIDED WITHOUT SUPPORT OR WARRANIES OF ANY KIND. STAFFINGNATION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT OF THIRD PROPRIETARY RIGHTS. FURTHERMORE, STAFFINGNATION AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD-PARTY RIGHTSCONTENT, QUALITY, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE SERVICES WILL MEET YOUR REQUIREMENTSREQUIREMENTS AND/OR EXPECTATIONS; THAT OPERATION OF (II) THE SOFTWARE SOFTWARE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED UNINTERUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ; (III) ANY ERRORS IN THE SOFTWARE OR THIRD-PARTY CONTENT WILL BE CORRECTED. Limitation on Liability UNDER NO ORAL CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OR WRITTEN ADVICE PROVIDED OTHER TORT ACTION, STRICT LIABILITY, WARRANTY, OR OTHERWISE) SHALL STAFFINGNATION, OUR LICENSORS, OR OUR THIRD- PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERUPTION COSTS, OR EXEMPLARY AND/OR PUNITIVE DAMAGES ARISING OUT OF A USER’S ACCESS, USE, MISUSE, RELIANCE ON, PERFORMANCE Or MISPERFORMANCE, INTERRUPTION, SUSPENSION, TERMINATION OR INABILITY TO ACCESS THE SOFTWARE. SUCH LIMITATION SHALL APPLY REGARDLESS OF WHETHER OR NOT THE DAMAGES WERE FORESEABLE OR WHETHER OR NOT STAFFINGNATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY EA LAW. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL STAFFINGNATION, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERUPTION COSTS, EXEMPLARY AND/OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM (1) USE OF THE SOFTWARE; (2) THE INABILITY TO USE THE SOFTWARE; (3) MODIFICATION OF OR REMOVAL OF ANY PART OR CONTENT IN THE SOFTWARE; (4) THE TERMS OF USE; (5) THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, OR SUITABILITY OF ANY CONTENT OR THE SERVICES FOR ANY PARTICULAR PURPOSE; (6) DEFECTS IN THE CONTENT, THE SERVICES, AND/OR SOFTWARE; (7) ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT OR THE SERVICE; (8) DAMAGE FROM ANY SECURITY BREACH OR ANY AUTHORIZED REPRESENTATIVE OTHER SECURITY INTRUSION, OR ANY VIRUS, BUGS, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENTS, TAMPERING, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMUPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHINICAL OR OTHER MALFUNCTION; (9) TERMINATION OF YOUR SERVICES OR ACCESS TO THE SOFTWARE; AND/OR (10)THE USE OF ANY THIRD-PARTY WEBSITE REFERENCED OR LINKED FROM STAFFINGNATION. STAFFINGNATION, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUBSIDIARIES SHALL CREATE A WARRANTYNOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, HARDWARE, SOFTWARE OR OTHER PROPERTY ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING FROM ACCESS TO OR USE OF STAFFINGNATION. SOME STATES OR OTHER JURISDICTIONS DO MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERCONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, STAFFINGNATION LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NO CLAIM, SUIT, OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALMEDIA, IF APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT SUBCONTRACTOR UNDERSTANDS AND AGREES THAT XXXX SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY “SIGNEASE” EQUIPMENT, OR “SIGNEASE” SERVICE, INCLUDING THE COMPONENTS CONTAINED THEREIN. XXXX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, IN CONNECTION WITH ANY “SIGNEASE” SYSTEM, INCLUDING THE COMPONENTS CONTAINED THEREIN, THE INSTALLATION AND FUNCTIONING OF SUCH “SIGNEASE” SYSTEM IN ANY SUBCONTRACTOR PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRNTIES UNDER THE UNIFORM COMMERCIAL CODE OR OTHERWISE IMPLIED IN LAW. NOTWITHSTANDING THE FOREGOING, SUBCONTRACTOR MAY OFFER ITS OWN OR A THIRD PARTY’S EXTENDED OR EXPANDED WARRANTY FOR THE LIMITED COMPONENTS (AN “EXTENDED WARRANTY”), PROVIDED ALL RELATED DOCUMENTATION CLEARLY STATES THAT THE EXTENDED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALIS NOT PROVIDED BY XXXX, OR THEIR AFFILIATES, AND XXXX SHALL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWEXTENDED WARRANTY. SUBCONTRACTOR SHALL INDEMNIFY, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSDEFEND, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, PROTECT AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIMSAVE XXXX, ANY PARENT, SUBSIDIARIES AND AFFILIATES HARMLESS FROM ALL EXPRESSCLAIMS, IMPLIED DEMANDS, SUITS OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS ACTIONS FOR DAMAGES TO PROPERTY OR PERSON ASSERTED BY A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSRELATING TO, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGEOUT OF, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE ALLEGING BREACH, CONVERAGE, RIGHTS OR REMEDIES WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREERESPECT TO, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A EXTENDED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND WARRANTIES SET FORTH IN THE PRODUCT MANUALTHIS AGREEMENT ARE IN LIEU OF, AND NAVIGA, ITS LICENSORS AND MEDIA PROVIDERS EXPRESSLY DISCLAIM TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSOTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR ALL ERRORS WILL BE CORRECTED; (ii) ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY KINDTHE LICENSED CONTENT OR THE AVAILABILITY OF THE SERVICES, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, iii) ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSAND NON-INFRINGEMENT, AND (iv) ANY AND ALL IMPLIED WARRANTIES (IF ANY) ARISING FROM A STATUTE, COURSE OF DEALING, USAGECOURSE OF PERFORMANCE OR USAGE OF TRADE. THE LICENSED CONTENT MAY INCLUDE OR PROVIDE LINKS TO OTHER WEBSITES OR RESOURCES. NAVIGA AND ITS MEDIA PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR TRADE PRACTICEOTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK ARISING OUT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION USE OF THE SOFTWARE WILL BE UNINTERRUPTED LICENSED CONTENT OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE ITS DELIVERY REMAINS WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS LICENSEE. INFORMATION CONTAINED IN THE SOFTWARE WILL LICENSED CONTENT IS OBTAINED FROM SOURCES BELIEVED TO BE CORRECTEDRELIABLE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS HOWEVER, NAVIGA AND THE MEDIA PROVIDERS DO NOT ALLOW GUARANTEE THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL ACCURACY AND COMPLETENESS OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUINFORMATION CONTAINED IN THE LICENSED CONTENT WHICH IS SUPPLIED ON AN “AS IS” BASIS.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, PROFFESIONAL SERVICES AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS OTHER COMPANY IP ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KINDKIND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF COMPANY EXPLICITLY DISCLAIMS ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT COMPANY IP WILL MEET CUSTOMER REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, NONINFRINGEMENT SECURE, BUG-FREE OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THIRD PARTY RIGHTSCOMPANY IP. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE COMPANY IP, AND WARRANTIES (IF ANY) ARISING COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM A COURSE USE OF DEALINGCOMPANY IP, USAGEINCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE OR TRADE PRACTICE. EA DOES PERSONAL INJURY, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT CUSTOMER HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE SOFTWARE; POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. CUSTOMER MAY FIND THAT ACTUAL CONDITIONS DIFFER FROM THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE CONTENT PROVIDED BY EA THE COMPANY IP. WHEN CUSTOMER USES THE COMPANY IP, CUSTOMER AGREES TO TAKE REASONABLE PRECAUTIONS AND TO EXERCISE INDEPENDENT JUDGMENT. CUSTOMER IS RESPONSIBLE AT ALL TIMES FOR CUSTOMER’S ANALYSIS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW CONCLUSIONS BASED ON COMPANY IP, AS WELL AS CUSTOMER’S CORRESPONDING CONDUCT AND THE EXCLUSION CONSEQUENCES OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUCH CONDUCT.

Disclaimer of Warranties. EXCEPT FOR YOU AGREE THAT YOUR USE OF THE LIMITED WARRANTY SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALSITE, AND TO ANY THIRD PARTY CONTENT POSTED ON THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSITE, THE SOFTWARE IS ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTSAND “AS AVAILABLE”, WITHOUT WARRANTY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDLIMITATION, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER Acacia Energy, NOR ITS RESPECTIVE EMPLOYEES AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGAGENTS, USAGEMAKE ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR TRADE PRACTICEERROR-FREE. EA Acacia Energy ALSO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SOFTWARE; THAT SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE FROM THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION SITE OR ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE WILL BE UNINTERRUPTED MATERIALS, CONTENT OR ERROR- FREEUSER CONTENT CONTAINED ON THE SITE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL ACACIA ENERGY, ITS ULTIMATE PARENT CORPORATION, BROOKLET ENERGY DISTRIBUTION LLC., ANY SUBSIDIARIES OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA AFFILIATES OF BROOKLET ENERGY DISTRIBUTION LLC., OR ANY AUTHORIZED REPRESENTATIVE AND ALL OFFICERS, DIRECTORS, SHAREHOLDERS, ASSOCIATES, RELATED FIRMS AND ENTITIES, EMPLOYEES, SERVANTS AND AGENTS OF ACACIA ENERGY, BROOKLET ENERGY DISTRIBUTION LLC. OR ANY SUBSIDIARY OR AFFILIATE OF BROOKLET ENERGY DISTRIBUTION LLC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ACACIA ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR FROM MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF ANY KIND, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM THE INABILITY TO USE THE SITE OR THE INTERRUPTION, SUSPENSION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL CREATE A WARRANTYALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED THROUGH THE SITE OF ANY LINKS ON THE SITE. SOME JURISDICTIONS IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR LIMITATIONS ON IMPLIED WARRANTIES INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF ACACIA ENERGY AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERSITE, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IF ANY, SHALL BE LIMITED TO YOU$50.00.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, Google and any third party who makes its software available in conjunction with or through Google Maps disclaim any responsibility for any harm resulting from your use of Google Maps and/or any third party software accessed in conjunction with or through Google Maps. GOOGLE MAPS IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND PERMITTED BY LAW ALL EXPRESS, IMPLIED OR IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE MAPS AND SUCH THIRD PARTY RIGHTS, SOFTWARE. YOU UNDERSTAND AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, AGREE THAT YOU DOWNLOAD AND/OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH USE GOOGLE MAPS AT YOUR ENJOYMENT OF THE SOFTWARE; OWN DISCRETION AND RISK AND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE YOU WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR ERROR- FREE, MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SOFTWARE WILL INTEROPERATE DOWNLOAD OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYUSE OF GOOGLE MAPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE MAPS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS, FROM INABILITY TO USE GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE MAPS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Miscellaneous Provisions These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and Google with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google. August 2006 FRANÇAIS

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALAPP AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, AND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER PURSUANT TO APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH TOPLIST DISCLAIMS ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENON-INFRINGEMENT. EA TOPLIST DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL INTEROPERATE APP, SERVICE, OR BE COMPATIBLE WITH THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPLIST DOES NOT WARRANT OR MAKE ANY OTHER SOFTWARE REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY PRODUCTS OR SERVICES RECOMMENDED BY USERS OF THE APP AND PURCHASED OR USED BY YOU FROM ANY THIRD PARTY SELLER. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE APP OR SERVICE, INCLUDING ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDDAMAGES RESULTING FROM VIRUSES. NO ORAL OR WRITTEN ADVICE PROVIDED TOPLIST DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY WARRANTIES MADE BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYTHIRD PARTIES. SOME JURISDICTIONS DO APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERWARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer of Warranties. EXCEPT FOR AS EXPRESSLY SET FORTH ABOVE IN THIS SECTION 9: (A) THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALGATHR PLATFORM, DOCUMENTATION, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS TECHNICAL SUPPORT ARE PROVIDED TO YOU CUSTOMER ON AN “AS IS,” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND (B) GATHR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, WARRANTIES AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL CONDITIONS WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY WARRANTIESOTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT SATISFACTORY QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA GATHR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE GATHR PLATFORM, DOCUMENTATION, AND/OR TECHNICAL SUPPORT WILL MEET YOUR CUSTOMER’S REQUIREMENTS; , OR THAT THE OPERATION OF THE SOFTWARE GATHR PLATFORM WILL BE UNINTERRUPTED OR ERROR- ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE GATHR PLATFORM, DOCUMENTATION AND/OR TECHNICAL SUPPORT WILL BE CORRECTED. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE GATHR PLATFORM, XXXXX DOES NOT WARRANT THE RESULTS OF RUNNING A DATA CONVERSION JOB THROUGH THE GATHR PLATFORM. DOCUMENTATION AND OR TECHNICAL SUPPORT AND ALL RESULTS OF SUCH USE IS SOLELY AT CUSTOMER’S OWN RISK. XXXXX DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO ANY THIRD PARTY APPLICATIONS, THEIR CONTENT OR THE MANNER IN WHICH THEY HANDLE CUSTOMER’S DATA, AND GATHR IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH CUSTOMER’S ACCESS OR USE OF ANY THIRD PARTY APPLICATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA GATHR OR ANY ITS AUTHORIZED REPRESENTATIVE REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS DO MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE CONDITIONS, OR ALLOW LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERHOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUCUSTOMER. IN SUCH EVENT, XXXXX’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE GATHR PLATFORM, DOCUMENTATION, TECHNICAL SUPPORT WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.