Common use of DISCLAIMER OF WARRANTY AND LIABILITY Clause in Contracts

DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES THE DATA SHARING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION. 5.2 USE OF THE DATA SHARING SERVICES IS AT CONTRACTOR’S OWN RISK. COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE. 5.3 IN NO EVENT WILL THE COUNTY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA SHARING SERVICES.

DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES NOTWITHSTANDING ANYTHING TO THE DATA SHARING SERVICES ON AN CONTRARY IN THESE TERMS, INCLUDING SECTIONS 8 THROUGH 10 BELOW, CUSTOMER ACCESS TO AND USE OF THE PLATFORM FOR EVALUATION PURPOSES OR UNDER THE BETA PROGRAM IS PROVIDED “AS AS-IS” AND “AS AVAILABLE” BASIS. COUNTY EXPRESSLY DISCLAIMS ALL WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, OR ANY OTHER WARRANTYTHOSE ARISING BY LAW, CONDITIONSTATUTE, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITINGUSAGE OF TRADE, OR IN ELECTRONIC FORMCOURSE OF DEALING, INCLUDING BUT NOT LIMITED AND CUSTOMER ASSUMES ALL RISK AS TO THE ACCURACY OR COMPLETENESS RESULTS AND PERFORMANCE OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT PLATFORM AND ACKNOWLEDGES THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION. 5.2 USE OF THE DATA SHARING SERVICES PLATFORM, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH XXXXX' INSTRUCTIONS. WITHOUT LIMITING THE FOREGOING, IT IS AT CONTRACTOR’S OWN RISK. COUNTY UNDERSTOOD AND AGREED THAT XXXXX WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE. 5.3 IN NO EVENT WILL THE COUNTY BE LIABLE FOR ANY NETWORK DOWNTIME, PLATFORM DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE PLATFORM. FOR ALL EVALUATIONS OR USE UNDER THE BETA PROGRAM ARMIS SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECTOR CONSEQUENTIAL DAMAGES WHATSOEVER, CONSEQUENTIAL INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PLATFORM, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE PLATFORM OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF ARMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT THEY ARE FORESEEABLE. ARMIS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY DAMAGES WHATSOEVER RESULTING FROM LOSS TYPE WITH RESPECT TO THE PLATFORM ASSETS DURING THE FREE EVALUATION PERIOD OR USE UNDER BETA PROGRAM UNLESS SUCH EXCLUSION OF USELIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, DATAIN WHICH CASE ARMIS’ LIABILITY WITH RESPECT TO THE ACCESS TO THE PLATFORM ASSETS PROVIDED DURING THE FREE EVALUATION PERIOD SHALL NOT EXCEED, IN THE AGGREGATE, $1,000.00. WITHOUT LIMITING THE FOREGOING, ARMIS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT CUSTOMER’S USE OF THE PLATFORM ASSETS DURING THE FREE EVALUATION PERIOD OR BETA PROGRAM USAGE WILL MEET CUSTOMER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR PROFITSFREE FROM ERRORS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT THAT ANY DATA PROVIDED DURING THE FREE EVALUATION PERIOD WILL BE ACCURATE. THE FOREGOING LIMITATION OF OR IN CONNECTION WITH LIABILITY SHALL NOT APPLY TO THE USE OR PERFORMANCE OF THE DATA SHARING SERVICESPARTIES OBLIGATIONS UNDER SECTION 7 (CONFIDENTIALITY) HEREIN.

DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES 8.1 Navtech warrants that the Services will operate in substantial conformity with the Navtech documentation provided with the Services. For any breach of this warranty, the Customer's sole and exclusive remedy and Navtech's sole and exclusive liability shall be for Navtech to correct any reported failure in the Services causing a breach of this warranty or, if Navtech is unable to provide such a correction, Customer shall be entitled to recover the Fees paid in respect of the non-conforming Services. 8.2 EXCEPT AS SET FORTH IN SECTION 8.1, NAVTECH HAS NOT AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE DATA SHARING SERVICES AND THE SOFTWARE AND ANY HARDWARE UPON WHICH THE SERVICES ARE BASED, ALL OF WHICH ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” " BASIS. COUNTY EXPRESSLY NAVTECH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENTOR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. NAVTECH MAKES NO REPRESENTATION WITH RESPECT TO THE ADEQUACY OF THE SERVICES OR THE SOFTWARE OR HARDWARE FOR ANY OTHER WARRANTY, CONDITION, GUARANTEE PARTICULAR PURPOSE OR REPRESENTATION, WHETHER ORAL, WITH RESPECT TO ITS OR THEIR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. IN WRITING, OR IN ELECTRONIC FORMNO EVENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS TERMINATION OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURESTHIS AGREEMENT, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION. 5.2 USE OF THE DATA SHARING SERVICES IS AT CONTRACTOR’S OWN RISK. COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE. 5.3 IN NO EVENT WILL THE COUNTY SHALL NAVTECH BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SERVICES AND THE SOFTWARE AND HARDWARE COMPRISING THE SAME, EVEN IF NAVTECH HAS BEEN ADVISED OF SUCH DAMAGES. EXCEPT FOR INDEMNIFICATION PURSUANT TO SECTION 7 OR EXCEPT DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF NAVTECH, OR IN NO EVENT SHALL NAVTECH'S LIABILITY FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITSCLAIM, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE TORT OR ANY OTHER TORTIOUS ACTIONTHEORY OF LIABILITY, ARISING OUT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICES DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD FROM THE DATE OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA SHARING SERVICESCLAIM.

DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES 4.1 THE DATA SHARING SERVICES ON AN “SOFTWARE IS PROVIDED "AS IS” AND “AS AVAILABLE” BASIS" WITHOUT WARRANTY OF ANY KIND. COUNTY EXPRESSLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPPERFECT FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO . THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION. 5.2 USE OF THE DATA SHARING SERVICES IS AT CONTRACTOR’S OWN RISK. COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE. 5.3 IN NO EVENT WILL THE COUNTY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ENTIRE RISK ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA SHARING SERVICESPRODUCT AND DOCUMENTATION REMAINS WITH YOU, THE LICENSEE. 4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPPERFECT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT IMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF APPPERFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES THE DATA SHARING SERVICES (1) ANY LICENCED TECHNOLOGY, CONFIDENTIAL INFORMATION LICENSED BY MITSUBISHI HEREUNDER IS PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” " BASIS. COUNTY EXPRESSLY MITSUBISHI DISCLAIMS ALL WARRANTIESANY WARRANTY, WHETHER STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, ARISING FROM USE OF ANY LICENSED TECHNOLOGY OR CONFIDENTIAL INFORMATION PROVIDED HEREUNDER. MITSUBISHI ALSO MAKES NO WARRANTY THAT THE LICENSED TECHNOLOGY OR CONFIDENTIAL INFORMATION IS UNINTERRUPTED, SUFFICIENT, ACCURATE OR ERROR-FREE TO ENABLE UTSTARCOM TO DEVELOP UTSTARCOM'S PHS HANDSET. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO EVENT AND UNDER NO LEGAL THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES TORT, BREACH OF ACCURACYCONTRACT, RELIABILITYPRODUCT LIABILITY, NON-INFRINGEMENTINDEMNIFICATION, MERCHANTABILITYPERSONAL INJURY OR OTHERWISE, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION. 5.2 USE OF THE DATA SHARING SERVICES IS AT CONTRACTOR’S OWN RISK. COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE. 5.3 IN NO EVENT WILL THE COUNTY SHALL MITSUBISHI BE LIABLE FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES OR ANY LOSSES ARISING FROM USE OF THE LICENSED TECHNOLOGY OR THE CONFIDENTIAL INFORMATION EVEN IF MITSUBISHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION STRICTLY CONFIDENTIAL UTSVER8.DOC [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE USE OR PERFORMANCE OF COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE DATA SHARING SERVICESOMITTED PORTIONS. (2) Notwithstanding the forgoing, if a technical problem of the Licensed Technology is found, the Parties will confer in order to find a mutually agreeable solution of the problem. (3) UTStarcom shall indemnify and hold Mitsubishi harmless of any claims, damages or other liability in any way in connection with UTStarcom's use of the Licensed Technology licensed hereunder.