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 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 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 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. 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. 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. 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 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. 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. 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. 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 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. 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 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 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. 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 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. 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 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. 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 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 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 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. 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 MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, THE SOFTWARE IS SOFTWARE, HOSTED SOFTWARE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE AND 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, . VUEWORKS 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 THIRD PARTY RIGHTSINFORMATION, AND WARRANTIES (IF ANY) ARISING FROM A COURSE TITLE/NON-INFRINGEMENT. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE VUEWORKS 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 CORRECTEDIS AT CUSTOMER’S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA VUEWORKS OR ITS AUTHORIZED REPRESENTATIVES CREATES ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYOTHER WARRANTIES OR IN ANY WAY INCREASES THE SCOPE OF VUEWORKS’ OBLIGATIONS UNDER THIS AGREEMENT. SOME JURISDICTIONS THE VUEWORKS SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. CUSTOMER ACKNOWLEDGES AND AGREES THAT VUEWORKS AND ITS VENDORS AND LICENSORS DO NOT ALLOW OPERATE OR CONTROL THE EXCLUSION INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEBSITES, COMPUTERS, OR NETWORKS. VUEWORKS WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES NOR WILL SUCH ACTIVITIES CONSTITUTE A BREACH BY VUEWORKS OF ITS OBLIGATIONS UNDER THIS AGREEMENT. The Software (including the Hosted Software) may include gateways, links, or other functionality that allows Customer to access third party services (“Third Party Services”) and third party content and materials (“Third Party Materials”). VUEWORKS does not supply and is not responsible for any Third Party Services or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and terms of use. ALL THIRD PARTY MATERIALS ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. VUEWORKS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR LIMITATIONS ON IMPLIED WARRANTIES IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL, OR AS TO THE LIMITATIONS ON ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR SAME. ALL OF THE ABOVE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUDISCLAIMERS IN THIS SECTION ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICES CHARGED FOR THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE AND ANY OTHER SERVICE PROVIDED IN CONNECTION WITH THIS AGREEMENT.

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 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. 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 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 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 (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. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN PROGRAM, YOUR PARTNER LINK, THE PRODUCT MANUALSITE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS LICENSED MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH 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 BIGLY SALES HEREBY DISCLAIM, EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE FOREGOING, INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSOR NONINFRINGEMENT, AND IMPLIED WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGDEALING OR COURSE OF PERFORMANCE. IN ADDITION, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; WE MAKE NO REPRESENTATION THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SITE OR PROGRAM WILL BE UNINTERRUPTED OR ERROR- ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, OR LOSS OF DATA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIGLY SALES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE AMOUNT OF COMPENSATION AND ANY ECONOMIC OR OTHER BENEFIT THAT YOU MAY EARN OR RECEIVE UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE SOFTWARE WILL INTEROPERATE PROGRAM. YOU UNDERSTAND THAT, IN THE COURSE OF CONDUCTING ACTIVITIES RELATED TO THE PROGRAM, YOU MAY INTERACT WITH THIRD PARTIES THAT MAY POSE HARM OR BE COMPATIBLE RISK TO YOU OR OTHERS. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE PROGRAM. BIGLY SALES, ON BEHALF OF ITSELF AND THE BIGLY SALES INDEMNITEES, EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU OR ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA PARTNER 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 YOUOTHER THIRD PARTY.

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 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 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 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 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. 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 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 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. 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 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. 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 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 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. 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 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. 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 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 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 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 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 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. 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 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. 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 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. 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. This Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUALENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT AS SET OUT IN SECTION 9 ABOVE OR A SPECIFIC WARRANTY ACCOMPANYING THE SOFTWARE, TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE 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 LICENSOR AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 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, OF LACK OF VIRUSES, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE 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 DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA LICENSOR OR ANY AN AUTHORIZED REPRESENTATIVE OF LICENSOR SHALL CREATE A WARRANTY. SHOULD THE 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 YOUYOU ENTIRELY.

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 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 THE LIMITED WARRANTY SERVICES ARE PROVIDED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU AN “AS IS,” WITH ALL FAULTS, BASIS WITHOUT WARRANTY WARRANTIES OR CONDITIONS OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES EITHER EXPRESS OR GUARANTEES IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR 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 AND NON-INFRINGEMENT. FORMALLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIRD PARTY RIGHTSTHE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND WARRANTIES USE OF THE SERVICES, (IF ANYIII) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE SERVICES INCLUDE CERTAIN ARTIFICIAL INTELLIGENCE-BASED FEATURES. CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE MAY CONTAIN ERRORS, INCONSISTENCIES, OR OUTDATED INFORMATION. SUCH FEATURES ARE INCLUDED FOR YOUR CONVENIENCE SOLELY AS A STARTING POINT FOR FURTHER EDITING, INVESTIGATION AND REVIEW. YOU MAY NOT USE ANY OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE FOR ANY PURPOSE THAT COULD HAVE A LEGAL IMPACT ON ANOTHER PERSON, SUCH AS MAKING LEGAL OR OTHER IMPORTANT DECISIONS ABOUT THEM. UNDER NO CIRCUMSTANCES WILL FORMALLY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY FORMALLY, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE IN CONNECTION WITH YOUR ENJOYMENT USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED 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 CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYSAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 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 EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.YOU IN THEIR ENTIRETY. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FORMALLY AND AFFILIATES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF

Disclaimer of Warranties. EXCEPT FOR YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SOFTWARE IS AT YOUR SOLE RISK AND THAT THE PRODUCT MANUALENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE 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 PELCO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 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 PELCO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; , THAT THE SOFTWARE DIRECTIONS CONTAINED IN THE INFORAMTION WILL MEET YOUR REQUIREMENTS; , THAT OPERATION THE USE 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 DEFECTS IN THE SOFTWARE WILL BE CORRECTED. PELCO DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. PELCO DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE SOFTWARE. NO ORAL OR WRITTEN ADVICE PROVIDED GIVEN BY EA PELCO OR ANY A PELCO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PELCO SURVEILLANCE VIDEO EQUIPMENT AND ANY NON-PELCO PRODUCTS INTEGRATED WITH PELCO SURVEILLANCE VIDEO EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM SUCH INTEGRATION. 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.

Disclaimer of Warranties. EXCEPT FOR YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND 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 LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE ENTIRE RISK OF SATISFACTORY QUALITY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED “AS-IS” 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, WITHOUT ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITIONANY KIND. MOOG AND ITS LICENSORS DISCLAIM ALL WARRANTIES, UNINTERRUPTED USEWHETHER EXPRESS OR IMPLIED, MERCHANTABILITYOR OTHERWISE WITH RESPECT TO THE LICENSED APPLICATION INCLUDING, SATISFACTORY QUALITYWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF NON-INFRINGEMENT, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND OR QUIET ENJOYMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES RELATING TO THE LICENSED APPLICATION (WHETHER EXPRESS OR IMPLIED) ARE LIMITED IN DURATION TO THE LESSER OF: (A) THE MINIMUM WARRANTY PERIOD REQUIRED BY APPLICABLE LAW (IF ANY); OR (B) 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 CORRECTEDTWELVE (12) MONTHS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA MOOG, ITS LICENSORS, AGENTS, OR ANY AUTHORIZED REPRESENTATIVE EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO YOU AND MOOG ACKNOWLEDGE THAT MOOG, NOT ALLOW LICENSEE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE EXCLUSION LICENSED APPLICATION OR YOUR POSSESSION AND/OR USE OF THE LICENSED APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE LICENSED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY LICENSEE, AND LICENSEE WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY ARE THE RESPONSIBILITY OF MOOG, NOT LICENSEE. YOU UNDERSTAND AND AGREE THAT LICENSEE IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY CLAIMS BY YOU OR ANY THIRD PARTY ARISING OUT OF OR LIMITATIONS ON IMPLIED WARRANTIES RELATING TO YOUR USE OR POSSESSION OF THE LIMITATIONS ON LICENSED APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS BY ANY THIRD PARTY THAT THE APPLICABLE STATUTORY LICENSED APPLICATION OR YOUR POSSESSION OR USE OF THE LICENSED APPLICATION INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUSUCH THIRD PARTY.

Disclaimer of Warranties. EXCEPT (a) Without waiving any claim the Facility Lessee may have against any manufacturer, vendor or contractor, THE FACILITY LESSEE ACKNOWLEDGES AND AGREES SOLELY FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND BENEFIT OF THE OWNER LESSOR, THE LESSOR MANAGER, THE EQUITY INVESTOR AND THE LEASE INDENTURE TRUSTEE THAT (i) THE FACILITY AND EACH COMPONENT THEREOF IS OF A SIZE, DESIGN, CAPACITY AND MANUFACTURE ACCEPTABLE TO THE FACILITY LESSEE, (ii) THE FACILITY LESSEE IS SATISFIED THAT THE FACILITY AND EACH COMPONENT THEREOF IS SUITABLE FOR THEIR RESPECTIVE PURPOSES, (iii) NONE OF THE OWNER LESSOR, THE LESSOR MANAGER, THE EQUITY INVESTOR OR THE LEASE INDENTURE TRUSTEE IS A MANUFACTURER OR A DEALER IN PROPERTY OF SUCH KIND, AND (iv) THE FACILITY IS LEASED HEREUNDER TO THE EXTENT PROVIDED HEREBY FOR THE FACILITY LEASE TERM SPECIFIED HEREIN SUBJECT TO ALL APPLICABLE LAWS NOW IN EFFECT OR HEREAFTER ADOPTED, INCLUDING (A) ZONING REGULATIONS, (B) ENVIRONMENTAL LAWS AND (C) BUILDING RESTRICTIONS, AND IN THE PRODUCT MANUALSTATE AND CONDITION OF EVERY PART THEREOF WHEN THE SAME FIRST BECAME SUBJECT TO THIS FACILITY LEASE, AND TO WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWOWNER LESSOR, THE SOFTWARE IS PROVIDED TO YOU LESSOR MANAGER, THE EQUITY INVESTOR OR THE LEASE INDENTURE TRUSTEE AND (vi) THE OWNER LESSOR LEASES FOR THE FACILITY LEASE TERM SPECIFIED HEREIN AND THE FACILITY LESSEE TAKES THE FACILITY UNDER THIS FACILITY LEASE “AS AS-IS,”, “WHERE-IS” AND “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 FACILITY LESSEE ACKNOWLEDGES THAT NONE 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 OWNER LESSOR, THE LESSOR MANAGER, THE EQUITY INVESTOR OR THE LEASE INDENTURE TRUSTEE MAKES NOR SHALL BE DEEMED TO HAVE MADE, AND HEREBY DISCLAIMEACH EXPRESSLY DISCLAIMS, ANY AND ALL EXPRESSRIGHTS, IMPLIED CLAIMS, WARRANTIES OR STATUTORY WARRANTIESREPRESENTATIONS, INCLUDING IMPLIED WARRANTIES OF EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A ANY PARTICULAR PURPOSE, NONINFRINGEMENT DESIGN, OPERATION, MERCHANTABILITY OF THIRD PARTY RIGHTSTHE FACILITY OR AS TO THE TITLE TO THE FACILITY, AND WARRANTIES (IF ANY) ARISING THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE FACILITY OR CONFORMITY THEREOF TO SPECIFICATIONS, FREEDOM FROM A COURSE PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT, THE ABSENCE OF DEALINGANY LATENT OR OTHER DEFECT, USAGEWHETHER OR NOT DISCOVERABLE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT AS TO THE ABSENCE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ANY OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE EXPRESS OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTEDIMPLIED REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT THERETO, except that the Owner Lessor represents and warrants that on the Closing Date and the Lease Commencement Date, the Facility will be free of Owner Lessor's Liens. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYIt is agreed that all such risks, as between the Owner Lessor, the Lessor Manager, the Equity Investor and the Lease Indenture Trustee on the one hand and the Facility Lessee on the other hand are to be borne by the Facility Lessee with respect to acts, occurrences or omissions prior to or during the Facility Lease Term. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERNone of the Owner Lessor, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUthe Lessor Manager, the Equity Investor or the Lease Indenture Trustee shall have any responsibility or liability to the Facility Lessee or any other Person with respect to any of the following: (1) any liability, loss or damage caused or alleged to be caused directly or indirectly by the Facility or any Component or by any inadequacy thereof or deficiency or defect therein or by any other circumstances in connection therewith; (2) the use, operation or performance of the Facility, any Unit or any Component thereof or any risks relating thereto; or (3) the construction, delivery, operation, servicing, maintenance, repair, improvement, replacement or decommissioning of the Facility, any Unit or any Component thereof. The provisions of this paragraph (a) of this Section 4.1 have been negotiated, and, except to the extent otherwise expressly stated, the foregoing provisions are intended to be a complete exclusion and negation of any representations or warranties of the Owner Lessor, the Lessor Manager, the Equity Investor and the Lease Indenture Trustee, express or implied, with respect to the Facility, any Unit or any Components thereof that may arise pursuant to any Applicable Law now or hereafter in effect, or otherwise.

Disclaimer of Warranties. EXCEPT CLIENT FURTHER UNDERSTANDS AND AGREES THAT RDR DOES NOT WARRANT OR GUARANTEE THAT THE CLIENT’S REGULATION D OFFERING WILL BE SUCCESSFUL, HOWEVER SO DEFINED. FURTHERMORE, RDR ALSO DOES NOT PROVIDE ANY ASSURANCE OR WARRANTY OF SUCCESSFUL CAPITAL FORMATION USING THE REGULATION D OFFERING PORTAL DEVELOPED BY RDR FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN CLIENT. REGULATION D RESOURCES DOES NOT PROVIDE ANY ASSURANCE OR GUARANTEE THAT ANY SECURITIES WILL BE SOLD OR PURCHASED USING THE PRODUCT MANUALDISTRIBUTION, BROKER-DEALER, AND INVESTOR RESOURCES PROVIDED VIA REGULATION D RESOURCES SERVICE PROVIDER REFERRALS. CONTACT INFORMATION FOR ANY SERVICE PROVIDERS OR OTHER RELATED RESOURCES IS DEEMED ACCURATE BUT NOT GUARANTEED. IT IS THE CLIENT’S RESPONSIBILITY TO ENSURE ANY USE OF THIRD PARTY RESOURCES IS IN COMPLIANCE WITH FEDERAL AND STATE SECURITIES LAWS. IT IS THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWCLIENT’S SOLE RESPONSIBILITY TO ENGAGE IN CONTRACTUAL AGREEMENTS WITH REFERRED VENDORS OF RDR AND CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD RDR, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTSITS OFFICERS, WITHOUT WARRANTY OF ANY KINDDIRECTORS, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDEMPLOYEES, ATTORNEYS 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 MAKEAGENTS, AND HEREBY DISCLAIM, HARMLESS FROM ANY AND ALL EXPRESSLOSS, IMPLIED CLAIM OR STATUTORY WARRANTIESEXPENSE, INCLUDING IMPLIED WARRANTIES ATTORNEYS FEES, RESULTING FROM ENGAGEMENT OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF SERVICES PROVIDED BY ANY THIRD PARTY RIGHTSRDR REFERRED VENDORS OR SERVICE PROVIDERS. RDR DOES NOT ENGAGE IN THE PROMOTION OF THE OFFERING ON BEHALF OF THE CLIENT. IT IS THE CLIENT’S SOLE RESPONSIBILITY TO ENGAGE IN EXECUTION AND PROMOTION OF THE OFFERING, INTERACTION WITH POTENTIAL INVESTORS OR SERVICE PROVIDERS, AND WARRANTIES (IF ANY) ARISING FROM EXECUTE ANY STATE OR FEDERAL FILINGS THAT MAY BE REQUIRED IN EXECUTING AND CLOSING THE OFFERING. RDR IS NOT LICENSED AS A COURSE BROKER-DEALER OF DEALING, USAGE, OR TRADE PRACTICE. EA SECURITIES AND RDR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; ENGAGE IN ANY ACTIVITY OR SERVICES 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 WOULD CONSTITUTE ACTIVITY 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 CONSUMERBROKER-DEALER. RDR RETAINS THE RIGHT TO REQUIRE THE EXECUTION OF A NON- COMPETE AGREEMENT BETWEEN RDR AND CLIENT AS A CONDITION OF ALLOWING THE CLIENT ACCESS TO RDR’S RESOURCES AND SERVICES. V.C. Client Assumes the Sole Obligation to Comply with Securities Laws. RDR shall provide Client with guidance and best practice advice with regards to compliance with State and Federal securities laws, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUbut in no way is RDR providing legal advice or holding itself as either Client’s lawyer or as legal experts. RDR highly recommends that Client engage an independent and knowledgeable attorney to provide legal advice with respect to Client’s company and this Offering. The Client hereby agrees that the Client is solely responsible for compliance with all Federal and State securities laws that may be applicable to the execution of the Offering. Further, if the Client is executing an investment fund it is the Client’s sole responsibility to ensure they are in compliance with all State and Federal rules that may apply to licensure and/or approvals of a fund manager or fund management entity to operate and manage an investment fund.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALIF USER IS AN INDIVIDUAL ACTING AS A CONSUMER, USER MAY HAVE CERTAIN STATUTORY RIGHTS WHICH MAY NOT BE WAIVED, AND TO SUCH STATUTORY RIGHTS ARE NOT AFFECTED BY THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FOLLOWING. THE SOFTWARE USER HEREBY ACKNOWLEDGES AND AGREES THAT THE USE OF THE APPLICATION IS ENTIRELY AT THE USER’S OWN RISK. THE APPLICATION IS PROVIDED TO YOU FREE OF CHARGE, ON AN “AS IS,” WITH ALL FAULTSBASIS, WITHOUT WARRANTY ANY 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 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 ACCURACY, RELIABILITY, ACCESSIBILITY AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGARE EXPRESSLY DISCLAIMED BY RELAY CARS TO THE FULLEST EXTENT PERMITTED BY LAW. RELAY CARS MAKES NO WARRANTY WITH RESPECT TO THE SECURITY, USAGETIMELINESS, CONTENT OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT PERFORMANCE OF THE SOFTWARE; THAT APPLICATION, INCLUDING BUT NOT LIMITED TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION COMPLETENESS OR ACCURACY 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 VEHICLES DEPICTED IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYAPPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR WARRANTY, SO THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE AND EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOUEVERY USER. THIS AGREEMENT GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. USER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE. RELAY CARS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATING TO, OR ARISING OUT OF, THE PLATFORM AND/OR ANY DEVICES UTILIZED BY USER IN CONNECTION WITH THE APPLICATION AND HAS NO RESPONSIBILITY WHATSOEVER THEREFOR.

Disclaimer of Warranties. EXCEPT FOR FleetVIMS uses reasonable efforts to provide accurate, complete, and current information on the FleetVIMS Website. However, FleetVIMS does not guarantee or warrant that the Content herein is accurate, complete, timely, or free of technical or typographical errors. It is your responsibility to verify any information provided. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIMITED WARRANTY CONTENT 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 FLEETVIMS WEBSITE IS AT YOUR SOLE RISK. THE ENTIRE RISK CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XXXXXXXXX EXPRESSLY 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 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 PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICENONINFRINGEMENT. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; XXXXXXXXX MAKES NO WARRANTY THAT THE SOFTWARE CONTENT WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ACCESS TO THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN FLEETVIMS WEBSITE AND THE SOFTWARE CONTENT WILL BE CORRECTEDUNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES FLEETVIMS MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, PRODUCTS, OR SERVICES PROVIDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. XXXXXXXXX MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO ORAL OR WRITTEN ADVICE PROVIDED INFORMATION OBTAINED BY EA OR ANY AUTHORIZED REPRESENTATIVE YOU FROM THE FLEETVIMS WEBSITE SHALL CREATE A WARRANTYANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION 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.

Disclaimer of Warranties. The Bizagi Software may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BIZAGI 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 BIZAGI 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 BIZAGI AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S BIZAGIíS LICENSORS (COLLECTIVELY “EA” REFERRED TO AS "BIZAGI" FOR THE PURPOSES OF THIS SECTION SECTIONS 6 AND SECTION 8) DO NOT MAKE7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BIZAGI 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 BIZAGI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BIZAGI SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE BIZAGI SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE BIZAGI 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 BIZAGI SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA BIZAGI OR ANY A BIZAGI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BIZAGI 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. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Find it EZ 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 Find it EZ 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 Find it EZ HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Find it EZ 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 Find it EZ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; Find it EZ Software, THAT THE SOFTWARE FUNCTIONS CONTAINED IN THE Find it EZ Software WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE Find it EZ 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 SOFTWARE Find it EZ Software WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA Find it EZ OR ANY A Find it EZ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Find it EZ 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 TO THE LIMITED WARRANTY ON RECORDING MEDIA FOUND EXTENT EXPRESSLY SET FORTH IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWMASTER AGREEMENT, THE SOFTWARE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE TERMS AND CONDITIONS, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, FRIO DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGETITLE, OR TRADE PRACTICENON- INFRINGEMENT WITH RESPECT TO THE APPLICATION. EA XXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THE APPLICATION WILL MEET END USER’S REQUIREMENTS NOR DOES IT GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE APPLICATION. XXXX DOES NOT WARRANT OPERATION OF OR USE OF THE SOFTWARE; THAT THE SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION BE UNINTERRUPTED, ERROR-FREE, ENTIRELY SECURE, ACCOMPLISH A SPECIFIED PURPOSE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC AND FRIO IS NOT LIABLE TO YOU FOR ANY FAILURE THEREOF. END USER AGREES TO BEAR ALL RISK ASSOCIATED WITH ANY USE OF THE SOFTWARE WILL BE UNINTERRUPTED INTERNET OR ERROR- FREEOTHER MEANS OF COMMUNICATION OR DATA TRANSMISSION BY OR ON BEHALF OF END USER UNDER THIS XXXX, INCLUDING WITH RESPECT TO ANY VIRUS OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE HARMFUL CODE RESULTING THEREFROM, AND FRIO DISCLAIMS ALL LIABILITY AND RESPONSIBILITY IN CONNECTION 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 YOUSUCH USE.

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 OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED GOOGLE 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.ITS REPRESENTATIVES HAVE BEEN ADVISED

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 繁體中文

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EF- FORT 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 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 DANGER AND PERFORMANCE RESIDES WITH YOU. EA AND EADANGER’S LICENSORS LI- CENSORS (COLLECTIVELY REFERRED TO AS “EADANGER” FOR THE PURPOSES OF THIS SECTION SECTIONS 6 AND SECTION 8) DO NOT MAKE7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, AND HEREBY DISCLAIM, ANY AND ALL EI- THER EXPRESS, IMPLIED OR STATUTORY WARRANTIESSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WAR- RANTIES 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 DANGER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT ENJOY- MENT OF THE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE 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 DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFOR- XXXXXX OR ADVICE PROVIDED GIVEN BY EA OR ANY AUTHORIZED REPRESENTATIVE DANGER SHALL CREATE A WARRANTY. SHOULD THE 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 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 DEVELOPER HEREBY DISCLAIM, DISCLAIMS ANY AND ALL EXPRESS, EXPRESS OR IMPLIED OR STATUTORY WARRANTIES, INCLUDING WHETHER ESTABLISHED BY STATUTE, COMMON, CASE LAW OR OTHERWISE, AS TO DESIGN, CONSTRUCTION, SOUND TRANSMISSION, FURNISHING AND EQUIPPING OF THE CONDOMINIUM PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITYHABITABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR MERCHANTABILITY, NONINFRINGEMENT COMPLIANCE WITH PLANS AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OF THIRD PARTY RIGHTSANY KIND OR CHARACTER, EXCEPT ONLY THOSE SET FORTH lN SECTION 718.203 OF THE ACT, TO THE EXTENT APPLICABLE AND TO THE EXTENT THAT SAME HAVE NOT EXPIRED BY THEIR TERMS. AS TO SUCH WARRANTIES WHICH CANNOT BE DISCLAIMED, AND WARRANTIES (TO OTHER CLAIMS, IF ANY) , WHICH CAN BE MADE AS TO THE AFORESAID MATTERS, ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARISING THEREFROM ARE HEREBY DISCLAIMED. ALL UNIT OWNERS, BY VIRTUE OF ACCEPTANCE OF THEIR TITLE TO THEIR RESPECTIVE UNITS, WHETHER FROM A COURSE OF DEALINGTHE DEVELOPER OR ANOTHER PARTY, 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 SHALL 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 DEEMED TO HAVE AUTOMATICALLY WAIVED ALL OF THE ABOVE EXCLUSIONS AFORESAID - DISCLAIMED WARRANTIES, AND LIMITATIONS MAY NOT APPLY TO YOUINCIDENTAL AND CONSEQUENTIAL DAMAGES. BOC1,REALESI1200768.2 29465/0032 D45 Further, given the climate and humid conditions in South Florida, mold, mildew, toxins and fungus may exist and/or develop within the Unit and/or Condominium Property. Each Unit Owner is hereby advised that certain mold may be, or if allowed to remain for a sufficient period may become, toxic and potentially pose a health risk. By accepting a deed to a Unit, each Unit Owner shall be deemed to have assumed the risks associated with mold, mildew, toxins and/or fungi and to have released the Developer and the fee simple owner of the Condominium Property (if other than the Developer) from any and all liability resulting from same. In addition, each Owner, by acceptance of a deed to a Unit, agrees and acknowledges that there are different means and methods of calculating the square footage of a particular Unit and that depending on the method, the quoted square footage of the Unit may vary if the Owner applies a method other than the survey method of calculating square footage. Additionally, as a result of in-the-field construction and other permitted changes, together with the settling and shifting of Improvements, actual square footage may also be affected. By accepting title to such Unit, each Owner shall be deemed to have conclusively agreed to accept the size and dimensions of the Unit regardless of any variances in the square footage from that which may have been disclosed at any time prior to closing, whether included as part of the Developer's promotional materials or otherwise. Without limiting the generality of this section 21, the Developer does not make any representation or warranty as to the actual size, dimensions or square footage of any Unit, and each Owner shall be deemed to have fully waived and released any such warranty and claims for loss or damage resulting from any variances between any represented or otherwise disclosed square footage and the actual square footage of the Unit. Each Owner understands and agrees that for some time in the future, it, and its guests, tenants and invitees may be disturbed by the noise, commotion and other unpleasant effects of nearby construction activity and as a result Owner and its guests, tenants and invitees may be impeded in using portions of the Condominium Property by that activity. Because the Condominium is located in an urban area, demolition or construction of buildings and other structures within the immediate area or within the view lines of any particulnr Unit or of any part of the Condominium (the "Views") may block, obstruct, shadow or otherwise affect Views, which may currently be visible from the Unit or from the Condominium. Therefore, each Owner, for itself, its successors and assigns, agrees to release Developer, its partners and is and their officers, members, directors and employees and every affiliate and person related or affiliated in any way with any of them, including but not limited to contractors, engineers, architects and their officers, directors, shareholders, employees, and agents, ("Developer's Affiliates") from and against any and all losses, claims, demands, damages, costs and expenses of whatever nature or kind, including attorney's fees and costs, including those incurred through all arbitration and appellate proceeds, related to or arising out of any claim against the Developer or Developer's Affiliates related to Views or the disruption, noise, commotion and other unpleasant effects of nearby development or construction. As a result of the foregoing there is no guarantee of view, security, privacy, location, design, density or any other matter. Additionally, inasmuch as the Commercial Units may attract customers, patrons and/or guests who are not members of the Association, such additional traffic BOC1RREALEsn2Oo7882 2946610032 D46 over and upon the Common Elements, and in or around the Condominium Property, shall not be deemed a nuisance.

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY STATED IN THIS AGREEMENT, SYNTRANET, SOURCE CODE, OBJECT CODE AND DOCUMENTATION ARE PROVIDED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU AN “AS IS,” WITH ALL FAULTSBASIS. CUSTOMER’S USE OF SYNTRANET, WITHOUT WARRANTY OF ANY KINDSOURCE CODE, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, OBJECT CODE AND YOUR USE DOCUMENTATION IS 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 OF THIS SECTION AND SECTION 8) DO SUPPLIER DOES NOT MAKE, AND HEREBY DISCLAIMDISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED OR STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF THIRD PARTY RIGHTSDATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA ANY SOFTWARE PROVIDED BY SUPPLIER PURSUANT TO THIS AGREEMENT IS LICENSED AND NOT SOLD. NO AGENT OF SUPPLIER IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF SUPPLIER AS SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT THAT: (A) THE USE OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE SYNTRANET, SOURCE CODE, OBJECT CODE OR DOCUMENTATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE, ERROR-FREE OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) SYNTRANET, SOURCE CODE, OBJECT CODE AND DOCUMENTATION WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; OR (C) SYNTRANET, SOURCE CODE, OBJECT CODE AND DOCUMENTATION WILL BE ERROR-FREE OR THAT ANY ERRORS IN THE SOFTWARE OR DEFECTS 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, 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 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 IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWAS WE OTHERWISE EXPRESSLY PROVIDE, THE SOFTWARE IS SITE AND ALL RELATED SITES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, WITHOUT USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SITE; (II) ANY ADVICE YOU GLEAN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (III) ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES INCLUDING ANY 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 USETITLE, MERCHANTABILITY, SATISFACTORY QUALITYNON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, NONINFRINGEMENT OF THIRD PARTY RIGHTSINCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGWE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, USAGEDELETION, MISDELIVERY, 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 FAILURE TO STORE ANY COMMUNICATION 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 WARRANTYCONTENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE LIMITATIONS ON MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE APPLICABLE STATUTORY RIGHTS EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUACCESS.

Disclaimer of Warranties. Buyer hereby acknowledges and agrees that Buyer is acquiring the Membership Interests on an “as is, where is” basis. BUYER REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT, EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY PROVIDED IN THE PRODUCT MANUALARTICLE 5, SELLER HAS NOT MADE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE SELLER HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND EACH OF BUYER AND ITS AFFILIATES HEREBY EXPRESSLY WAIVES AND IS NOT RELYING ON, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES BY STATUTE OR GUARANTEES OF ANY KINDOTHERWISE RELATING TO, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK EACH OF SATISFACTORY QUALITY BUYER AND PERFORMANCE RESIDES WITH YOU. EA ITS AFFILIATES HEREBY EXPRESSLY WAIVES AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, RELINQUISHES ANY AND ALL EXPRESSRIGHTS, CLAIMS AND CAUSES OF ACTION IN CONNECTION WITH, THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY REPRESENTATIONS, WARRANTIES, STATEMENTS, INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) OR DOCUMENTS HERETOFORE FURNISHED OR MADE AVAILABLE TO BUYER AND ITS REPRESENTATIVES AND AFFILIATES BY OR ON BEHALF OF SELLER (IT BEING INTENDED THAT NO SUCH PRIOR REPRESENTATIONS, WARRANTIES, STATEMENTS, INFORMATION, DATA OR OTHER MATERIALS SHALL SURVIVE THE EXECUTION AND DELIVERY OF THIS AGREEMENT. EXCEPT AS SET FORTH EXPRESSLY IN THIS AGREEMENT, SELLER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY RELATING TO THE MEMBERSHIP INTERESTS OR STATUTORY WARRANTIESANY ASSET (TANGIBLE, INTANGIBLE OR MIXED), INCLUDING IMPLIED WARRANTIES OF CONDITIONFITNESS, UNINTERRUPTED USENONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer and Seller have executed this Agreement as of the date first written above. SELLER: ROCKY MOUNTAIN CHOCOLATE FACTORY, NONINFRINGEMENT OF THIRD PARTY RIGHTSINC. By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Chief Financial Officer BUYER: U-SWIRL, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICEINC. 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.By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Chief Executive Officer EXHIBIT A

Disclaimer of Warranties. EXCEPT FOR (a) THE LIMITED WARRANTY ON RECORDING MEDIA FOUND PHYSICAL ASSETS TRANSFERRED TO OPCO BUYER WILL BE SOLD BY SELLERS AND PURCHASED BY OPCO BUYER IN THEIR PHYSICAL CONDITION AT THE PRODUCT MANUALCLOSING DATE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,, WHERE IS AND WITH ALL FAULTS AND NONCOMPLIANCE WITH LAWS” WITH ALL FAULTSNO WARRANTIES, INCLUDING, WITHOUT WARRANTY OF ANY KINDLIMITATION, 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, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGSUITABILITY, 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- FREEWORKMANSHIP, QUALITY, PHYSICAL CONDITION, OR THAT VALUE, AND ANY AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND WITH RESPECT TO THE SOFTWARE WILL INTEROPERATE LEASED REAL PROPERTY WITH NO WARRANTY OF HABITABILITY OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN FITNESS FOR HABITATION, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE WILL BE CORRECTEDLAND, THE BUILDINGS AND THE IMPROVEMENTS. 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 PROPERTIES, ASSETS, RIGHTS, LICENSES, PERMITS, PRIVILEGES, LIABILITIES, AND LIMITATIONS MAY OBLIGATIONS OF SELLERS INCLUDED IN THE ASSETS AND THE ASSUMED OBLIGATIONS ARE BEING ACQUIRED OR ASSUMED “AS IS, WHERE IS” ON THE CLOSING DATE AND IN THEIR PRESENT CONDITION, WITH ALL FAULTS. ALL OF THE TANGIBLE ASSETS SHALL BE FURTHER SUBJECT TO NORMAL WEAR AND TEAR AND NORMAL AND CUSTOMARY USE OF THE INVENTORY AND SUPPLIES IN THE ORDINARY COURSE OF BUSINESS UP TO THE CLOSING DATE. THE FOREGOING DISCLAIMER SHALL NOT APPLY BE INTERPRETED TO YOUMODIFY OR ELIMINATE ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED UNDER THIS AGREEMENT OR ANY RELATED DOCUMENT AND, TO THE EXTENT OF ANY CONFLICT BETWEEN SUCH EXPRESS REPRESENTATIONS AND WARRANTIES AND THIS DISCLAIMER, SUCH EXPRESS REPRESENTATION AND WARRANTY SHALL CONTROL.

Disclaimer of Warranties. EXCEPT FOR YOUR USE OF THE LIMITED WARRANTY WEBSITE AND THE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE AND THE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE, ARE PROVIDED ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU AN “AS IS,” WITH AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. FLEXTOGETHER AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM 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 EXPRESS, IMPLIED IMPLIED, OR STATUTORY WARRANTIESSTATUTORY, INCLUDING IMPLIED RELATING TO THE WEBSITE AND THE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF CONDITION, UNINTERRUPTED USETITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGEOR COURSE OF PERFORMANCE. WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SUBSCRIBER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR WEBSITE. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (1) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE AND THE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY FLEXTOGETHER CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; (B) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF WEBSITE AND THE SOFTWARE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE ERROR-FREE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. OUR WEBSITE AND THE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE ARE DEVELOPED FOR USE IN THE UNITED STATES AND FLEXTOGETHER AND ITS LICENSORS AND AFFILIATES MAKE NO ORAL REPRESENTATION OR WRITTEN WARRANTY CONCERNING THE WEBSITE AND THE FLEXTOGETHER CONTENT INCLUDED IN THIS WEBSITE WHEN THEY ARE USED IN ANY OTHER COUNTRY. NO ADVICE OR INFORMATION PROVIDED TO YOU BY EA OR FLEXTOGETHER WILL CREATE ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYWARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED PERMIT US TO EXCLUDE WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERIN THESE WAYS, SO SOME OR ALL OF THE ABOVE IT IS POSSIBLE THAT THESE EXCLUSIONS AND LIMITATIONS MAY WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER 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) 5) 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. EXCEPT FOR YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN SERVICE IS AT YOUR SOLE RISK AND THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” WITH AND “AS AVAILABLE” BASIS. TREASURY PRIME AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL FAULTS, 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 BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSAND NON- INFRINGEMENT. IN PARTICULAR, TREASURY PRIME AND WARRANTIES ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE 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 SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION (B) YOUR USE OF THE SOFTWARE SERVICE WILL BE UNINTERRUPTED TIMELY, UNINTERRUPTED, SECURE OR ERROR- ERROR-FREE, ; OR THAT (C) ANY CONTENT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE SERVICE WILL BE CORRECTED. NO ORAL ACCURATE OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTYRELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH IN THIS SECTION 9, OR THE LIMITATION OF LIABILITY SET FORTH IN SECTION 10 BELOW. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES IN THIS SECTION 9 OR THE LIMITATIONS ON THE IN SECTION 10 BELOW ARE SPECIFICALLY PROHIBITED BY APPLICABLE STATUTORY RIGHTS OF A CONSUMERLAW, SO SOME THOSE EXCLUSIONS OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TREASURY PRIME AND THE OTHER TREASURY PRIME PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Disclaimer of Warranties. EXCEPT FOR The SoftwareProduct is licensed "AS IS" without warranties as to performance, merchantability, data integrity, and warranty of any kind, either expressed or implied. You agree that PortlaProdigy is not liable for any damage or possible damage caused to You, Your information and Your business arising out of the use or inability to use this Software. YOU ACCEPT THE LIMITED SOFTWAREPRODUCT AND LICENSE "AS IS" AND WITH ALL FAULTS AND PORTALPRODIGY MAKES NO WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALAS TO ITS USE, AND PERFORMANCE, OR OTHERWISE. TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH PORTALPRODIGY DISCLAIMS ALL FAULTSOTHER REPRESENTATIONS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDWARRANTIES, 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 MAKECONDITIONS, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED IMPLIED, STATUTORY, OR STATUTORY WARRANTIESOTHERWISE, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF CONDITIONMERCHANTABILITY, UNINTERRUPTED USESUITIBILITY, MERCHANTABILITYRELIABILITY, AVAILABILITY, STABILITY, ACCURACY, SECURITY, SECURENESS, LACK OF NEGLIGENCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSTITLE, AND WARRANTIES (IF ANY) NON-INFRINGEMENT. THE ENTIRE RISK ARISING FROM A COURSE OUT OF DEALING, USAGE, USE OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT PERFORMANCE OF THE SOFTWARE; THAT SOFTWAREPRODUCT REMAINS WITH YOU. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED SOFTWAREPRODUCT. ANY WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR ERROR- FREEIMPLIED, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO WHETHER ARISING BY LAW, CUSTOM, ORAL OR WRITTEN ADVICE PROVIDED BY EA STATEMENTS OF PORTALPRODIGY, ITS AGENTS OR EMPLOYEES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A WARRANTYPARTICULAR PURPOSE) ARE HEREBY SUPERSEDED, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMERBecause some jurisdictions do not allow the exclusion or limitation of liability, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOUthe previous limitation may not apply to You.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SeaSonde Radial Suite 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 SeaSonde Radial Suite 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 CODAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SeaSonde Radial Suite 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 CODAR DOES NOT WARRANT AGAINST INTERFERENCE INTERFERENCE, WITH YOUR ENJOYMENT OF THE SOFTWARE; SeaSonde Radial Suite Software, THAT THE SOFTWARE FUNCTIONS CONTAINED IN THE SeaSonde Radial Suite Software WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE SeaSonde Radial Suite Software WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE SeaSonde Radial Suite Software WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA CODAR OR ANY AN CODAR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SeaSonde Radial Suite 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, 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 繁體中文

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUALCustomer acknowledges and agrees that TekLinks is not the developer or manufacturer of any products, including without limitation any 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. TEKLINKS 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. TEKLINKS 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 TEKLINKS 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 TEKLINKS 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 TEKLINKS, 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 TEKLINKS HAS NO LIABILITY FOR VIOLATION OF LAWS BY CUSTOMER OR LIMITATIONS ON IMPLIED WARRANTIES OTHER USERS OF THIRD PARTY PRODUCTS. CUSTOMER HEREBY RELEASES TEKLINKS 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 YOUTekLinks 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 TekLinks is not permitted to pass such warranties or indemnities through to Customer, TekLinks agrees to enforce such warranties and indemnities, if any, on behalf of Customer.

Disclaimer of Warranties. EXCEPT FOR AS EXPRESSLY OTHERWISE PROVIDED IN LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, REGARDING THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIESFORAPARTICULARPURPOSE. Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WEWILLNOTBELIABLETOYOUFOR:DELAYSORMISTAKESRESULTINGFROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION,ACTSOFGOVERNMENTALAUTHORITIES,NATIONALEMERGENCIES, INSURRECTION, WAR OR RIOTS: THE PRODUCT MANUALFAILURE 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, AND ANY INTERNET SERVICE, OR ANY PAYMENTSYSTEM.INTHEEVENTTHATWEAREHELDLIABLETOYOU,YOUWILL ONLYBEENTITLEDTORECOVERYOURACTUALDAMAGES.INNOEVENTSHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY ORSPECIALDAMAGES(WHETHERINCONTRACT,TORTOROTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISIONSHALL NOTBE EFFECTIVETO THEEXTENT OTHERWISE REQUIRED BY LAW. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, THE SOFTWARE IS PROVIDED TO YOU “AGREE THAT YOUR RECOVERYFORANYALLEGEDNEGLIGENCEORMISCONDUCTBYTHEBANKOR PINNACLESHALLBELIMITEDTOTHETOTALAMOUNTLOADEDONTHECARD. Acknowledgment of Arbitration. Your Card is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By accepting your Card, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement. ARBITRATIONNOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND IT AFFECTS 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 LEGAL 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 FOR IF THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN PARTICIPANT ACCESSES THE PRODUCT MANUALSITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, AND TO HE OR SHE DOES SO AT HIS OR HER OWN RISK. THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE SITE IS PROVIDED TO YOU “AS IS,.” WITH ALL FAULTS, WITHOUT XXX MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES KIND WHATSOEVER TO THE PARTICIPANT OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISKOTHER PERSON RELATING IN ANY WAY TO THE SITE. NAI DISCLAIMS 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 DISCLAIMMAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESSSUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMPLIED OR STATUTORY NAI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, INCLUDING IMPLIED EXPRESS OR COMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGOTHERWISE RELATING TO PERFORMANCE, USAGENONPERFORMANCE, OR TRADE PRACTICEOTHER ACTS OR OMISSIONS BY XXX. EA FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET ANY PARTCIPANT’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT XXX’S WARRANTY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF NAI’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS 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 CORRECTEDINTERNET. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES 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 YOUTHE PARTICIPANT. IN SUCH JURISDICTIONS, NAI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 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 PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS, ” AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KINDAND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 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 DOES WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; , THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS; , THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE LACK VIRUSES OR BE COMPATIBLE WITH ANY OTHER SOFTWARE MALICIOUS CODE, OR THAT ANY ERRORS DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED GIVEN BY EA US OR ANY AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE 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 AND EXCLUSIVE REMEDY SET FORTH IN SECTION 10.1 ARE MADE FOR THE PRODUCT MANUALBENEFIT OF CUSTOMER ONLY, AND ARE EXPRESSLY SUBJECT TO CUSTOMER’S PAYMENT OBLIGATIONS TO AXIS SECURITY AND CUSTOMER’S OBLIGATIONS TO MAINTAIN ITS CUSTOMER ENVIRONMENT. THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWWARRANTY SET FORTH SHALL NOT APPLY IF THE FAILURE OF THE SAAS SERVICES RESULTS FROM OR IS OTHERWISE ATTRIBUTABLE TO: (I) REPAIR, MAINTENANCE OR MODIFICATION OF THE SOFTWARE IS BY PERSONS OTHER THAN AXIS OR ITS AUTHORIZED CONTRACTORS; (II) ACCIDENT, NEGLIGENCE, ABUSE OR MISUSE OF THE SOFTWARE; (III) IMPROPER INSTALLATION OR USE OF THE SOFTWARE OTHER THAN IN ACCORDANCE WITH THE APPLICABLE DOCUMENTATION; (IV) CUSTOMER'S FAILURE TO IMPLEMENT SOFTWARE UPDATES PROVIDED BY AXIS SPECIFICALLY TO YOU “AS IS,” AVOID SUCH FAILURE; (V) THE COMBINATION OF THE SOFTWARE WITH EQUIPMENT OR SOFTWARE NOT AUTHORIZED OR PROVIDED BY AXIS. AXIS SECURITY MAKES NO AND EXCLUDES ALL FAULTSOTHER WARRANTIES, WITHOUT WARRANTY OF ANY KINDREPRESENTATIONS, WITHOUT PERFORMANCE ASSURANCES CONDITIONS AND OTHER TERMS, WRITTEN OR GUARANTEES OF ANY KINDORAL, 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 OR EXPRESS, IMPLIED IMPLIED, STATUTORY, COLLATERAL OR STATUTORY WARRANTIESOTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITYTITLE, INTEROPERABILITY, DATA ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO ANY PRODUCT, NONINFRINGEMENT OF THIRD PARTY RIGHTSSERVICES, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGESUPPORT, OR TRADE PRACTICEANY COMPONENTS THEREOF. EA WITHOUT LIMITING THE FOREGOING, AXIS SECURITY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SOFTWARE WILL SAAS SERVICE SHALL 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. Buyer hereby acknowledges and agrees that Buyer is acquiring the Acquired Assets on an “as is, where is” basis. BUYER REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT, EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND AS EXPRESSLY PROVIDED IN THE PRODUCT MANUALARTICLE V, SELLER HAS NOT MADE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE SELLER HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND EACH OF BUYER AND ITS AFFILIATES HEREBY EXPRESSLY WAIVES AND IS NOT RELYING ON, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES BY STATUTE OR GUARANTEES OF ANY KINDOTHERWISE RELATING TO, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK EACH OF SATISFACTORY QUALITY BUYER AND PERFORMANCE RESIDES WITH YOU. EA ITS AFFILIATES HEREBY EXPRESSLY WAIVES AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, RELINQUISHES ANY AND ALL EXPRESSRIGHTS, CLAIMS AND CAUSES OF ACTION IN CONNECTION WITH, THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY REPRESENTATIONS, WARRANTIES, STATEMENTS, INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) OR DOCUMENTS HERETOFORE FURNISHED OR MADE AVAILABLE TO BUYER AND ITS REPRESENTATIVES AND AFFILIATES BY OR ON BEHALF OF SELLER (IT BEING INTENDED THAT NO SUCH PRIOR REPRESENTATIONS, WARRANTIES, STATEMENTS, INFORMATION, DATA OR OTHER MATERIALS SHALL SURVIVE THE EXECUTION AND DELIVERY OF THIS AGREEMENT. EXCEPT AS SET FORTH EXPRESSLY IN THIS AGREEMENT, SELLER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY RELATING TO ANY ASSET (TANGIBLE, INTANGIBLE OR STATUTORY WARRANTIESMIXED), INCLUDING IMPLIED WARRANTIES OF CONDITIONFITNESS, UNINTERRUPTED USENONINFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. [Signature Page Follows] Buyer and Seller have executed this Agreement as of the date first written above. SELLER: ASPEN LEAF YOGURT, NONINFRINGEMENT OF THIRD PARTY RIGHTSLLC By: /s/ Bxxxx X. Xxxxxxxx Name: Bxxxx X. Xxxxxxxx Title: Managing Member BUYER: U-SWIRL, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALINGINC. By: /s/ Uxxxxxxx Xxxxx Name: Uxxxxxxx Xxxxx Title: Chief Executive Officer With respect to Section 3.4 of the Agreement only, USAGERMCF has executed this Agreement as of the date first written above. RMCF: ROCKY MOUNTAIN CHOCOLATE FACTORY, OR TRADE PRACTICEINC. 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.By: /s/ Bxxxx X. Xxxxxxxx Name: Bxxxx X. Xxxxxxxx Title: Chief Financial Officer EXHIBIT A

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL(A) ALL INFORMATION AND DATA ARE REPORTED AS SUPPLIED TO AMSTAT, CANNOT BE VERIFIED BY AMSTAT, AND IS SUBJECT TO CHANGE. UNDER NO CIRCUMSTANCES SHALL AMSTAT BE REQUIRED TO REVEAL ANY OF ITS SOURCES OF INFORMATION AND DATA. AMSTAT FURNISHES THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWSERVICES, THE SOFTWARE IS PROVIDED TO YOU APPLICATION AND DATA ON AN “AS IS,” WITH ALL FAULTSBASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF ANY KINDLIMITATION, 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, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTSINTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF DEALING WITH RESPECT TO ANY SUCH INFORMATION OR DATA OR ANY PARTICULAR AIRPLANE OR BRAND OF AIRPLANE, AND WARRANTIES USER HEREBY EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES. AMSTAT ASSUMES NO RESPONSIBILITY WITH RESPECT TO: (IF ANYi) ARISING FROM A COURSE THE ACCURACY OF DEALING, USAGETHE INFORMATION AND DATA, OR TRADE PRACTICE(ii) HOW THE INFORMATION AND DATA PROVIDED BY AMSTAT IS USED BY USER (INCLUDING CLIENT’S AGENTS, EMPLOYEES, CLIENTS OR CUSTOMERS). EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF AMSTAT ADVISES THAT ALL INFORMATION AND DATA PROVIDED IN THE SOFTWARE; SERVICES MUST BE VERIFIED BY USER, CLIENT’S AGENTS, EMPLOYEES, CLIENTS OR CUSTOMERS, AS APPLICABLE, PRIOR TO ENTERING INTO ANY TRANSACTION. AMSTAT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE OR WILL MEET YOUR USER’S 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.