Common use of DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION Clause in Contracts

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION. a. The total cumulative liability of WSU, and any parties contributing in any way to anything provided to LICENSEE under this Agreement, for direct damages arising out of or in connection with this Agreement will in no event exceed the lesser of $4000.00, or the total paid by LICENSEE under this Agreement. b. THE LICENSED MODEL AND ALL OTHER LICENSED ITEMS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WSU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY LICENSED ITEM WILL MEET ANY PARTICULAR REQUIREMENTS OR THAT USE OF THE LICENSED ITEM WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED ITEMS AND ANY PRODUCTS, OR ANYTHING ELSE MADE, USED, DEVELOPED OR SOLD USING ANY LICENSED ITEM IS WITH LICENSEE. WSU and any parties contributing in any way to the LICENSED MODEL or derivative works thereof shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from this Agreement or use of any LICENSED ITEM or PRODUCT, even if WSU or such parties have been or are hereafter advised of the possibility of such damages. Because some states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to LICENSEE. In no event, however, except as expressly specified in this Agreement as to WSU in Section 7.a, will WSU or any third party contributing in any way to any LICENSED ITEM or PRODUCT be liable to LICENSEE, under any theory of recovery, in any amount under this Agreement. c. WSU makes no representations or warranties concerning the LICENSED ITEMS including, but not limited to, the validity or scope of any intellectual property or proprietary rights or interests in the LICENSED MODEL or any LICENSED ITEM, or that any LICENSED ITEM or PRODUCT, will be free from infringement of any intellectual property or other rights of any third party or meet any government or other requirements. LICENSEE further acknowledges that there is no representation or warranty as to any matter whatsoever made by any third party contributor to any LICENSED ITEM or any PRODUCT. d. LICENSEE’s use of any LICENSED ITEM, or any PRODUCT is at LICENSEE’s sole liability and risk. LICENSEE agrees and acknowledges that WSU and all third party contributors to the LICENSED ITEMS disclaim any and all liability and responsibility for LICENSEE’s use of any LICENSED ITEMS or PRODUCTS, and any and all other acts and omissions of LICENSEE. e. LICENSEE, to the extent allowable by applicable law, indemnifies and holds harmless WSU and any parties contributing in any way to the LICENSED ITEMS, and their respective officers, directors, agents, and employees, from and against any and all claims, demands, obligations, causes of action and lawsuits and all damages liabilities, fines, judgments, costs (including settlement costs), and associated expenses, arising out of: (i) the failure of LICENSEE, its employees or agents to comply with the terms and conditions of this Agreement, (ii) LICENSEE’s use of any LICENSED ITEMS, and LICENSEE’s or any third party’s use of any PRODUCTS; and (iii) any harm to others arising out of or resulting from subsections (i) or (ii) of this Section 7.e.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION. a. The total cumulative liability of WSU, and any parties contributing in any way to anything provided to LICENSEE under this Agreement, for direct damages arising out of or in connection with this Agreement will in no event exceed the lesser of $4000.00, or the total paid by LICENSEE under this Agreement. b. THE LICENSED MODEL AND ALL OTHER LICENSED ITEMS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WSU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY LICENSED ITEM WILL MEET ANY PARTICULAR REQUIREMENTS OR THAT USE OF THE LICENSED ITEM WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED ITEMS AND ANY PRODUCTS, OR ANYTHING ELSE MADE, USED, DEVELOPED OR SOLD USING ANY LICENSED ITEM IS WITH LICENSEE. WSU and any parties contributing in any way to the LICENSED MODEL or derivative works thereof shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from this Agreement or use of any LICENSED ITEM or PRODUCT, even if WSU or such parties have been or are hereafter advised of the possibility of such damages. Because some states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to LICENSEE. In no event, however, except as expressly specified in this Agreement as to WSU in Section 7.a, will WSU or any third party contributing in any way to any LICENSED ITEM or PRODUCT be liable to LICENSEE, under any theory of recovery, in any amount under this Agreement. c. WSU makes no representations or warranties concerning the LICENSED ITEMS including, but not limited to, the validity or scope of any intellectual property or proprietary rights or interests in the LICENSED MODEL or any LICENSED ITEM, or that any LICENSED ITEM or PRODUCT, will be free from infringement of any intellectual property or other rights of any third party or meet any government or other requirements. LICENSEE further acknowledges that there is no representation or warranty as to any matter whatsoever made by any third party contributor to any LICENSED ITEM or any PRODUCT. d. LICENSEE’s use of any LICENSED ITEMITEM and the use, or design, development, manufacture, sale, distribution and evaluation of any PRODUCT is are at LICENSEE’s sole liability and risk. LICENSEE agrees and acknowledges that WSU and all third party contributors to the LICENSED ITEMS disclaim any and all liability and responsibility for LICENSEE’s use of any LICENSED ITEMS or PRODUCTS, and any and all other acts and omissions of LICENSEE. e. LICENSEE, to the extent allowable by applicable law, LICENSEE indemnifies and holds harmless WSU and any parties contributing in any way to the LICENSED ITEMS, and their respective officers, directors, agents, and employees, from and against any and all claims, demands, obligations, causes of action and lawsuits and all damages liabilities, fines, judgments, costs (including settlement costs), and associated expenses, arising out of: (i) the failure of LICENSEE, its employees or agents to comply with the terms and conditions of this Agreement, (ii) LICENSEE’s use of any LICENSED ITEMS, and LICENSEE’s or any third party’s use of any PRODUCTSPRODUCTS made or distributed by LICENSEE; and (iii) any harm to others arising out of or resulting from subsections (i) or (ii) of this Section 7.e.