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

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE THAT THE SERVICES ARE PROVIDED BY WAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE AGREEMENT. WAVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE THAT THE SERVICES PRODUCTS ARE PROVIDED BY WAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH PRODUCTS MAY BE UTILIZED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE AGREEMENT. WAVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) PURPOSE IS AT YOUR SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVROFFERED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:, WEST POND DOES NOT WARRANT THAT THE PRODUCTS WILL BE ERROR-FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN THE USE OF THE PRODUCTS, AND WEST POND DOES NOT MAKE ANY GUARANTEES OR WARRANTIES RELATING TO SUCH RISKS. YOU ALSO EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT THE PRODUCTS’ CONTENT MAY NOT BE AVAILABLE AT ALL TIMES AND ARE SUBJECT TO CHANGE. WEST POND DOES NOT MAKE ANY GUARANTEES OR WARRANTIES RELATING TO SUCH CONTENT AVAILABILITY.

Disclaimer of Warranty; Limitation of Liability. (a) YOU IN ADDITION TO THE LIMITATIONS OF LIABILITY IN THE BCSO, I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE BROADBAND ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE BROADBAND MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE BROADBAND EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE BROADBAND IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE THAT THE SERVICES ARE SOFTWARE IS PROVIDED BY WAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES ANY KIND OF WARRANTY OF ANY KIND, EITHER EXPRESS PURPOSE. THE SUPPLY OF THE SOFTWARE OR IMPLIED, INCLUDING WARRANTIES THE GRANT OF TITLE OR NONINFRINGEMENT OR IMPLIED RIGHTS HEREUNDER BY DENSO SHALL NOT IMPLY ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS HELD BY A THIRD PARTY. XXXXX MAKES NO REPRESENTATIONS NOR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XXXXX ASSUMES NO RESPONSIBILITY FOR THE APPLICATION OF, ERRORS NOR OMISSION IN THE SOFTWARE. IN NO EVENT SHALL DENSO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE DAMAGES ARISING OUT OF EXCLUSION, RESTRICTION OR MODIFICATION UNDERRESULTING FROM ANY PART OF THE SOFTWARE, THE LAWS APPLICABLE TO INSTALLATION OR COPY OF THE AGREEMENT. WAVE MAKES NO WARRANTY THAT SOFTWARE, THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, OR INABILITY TO USE THE PURCHASE SOFTWARE. FURTHERMORE, DENSO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS ARISING OUT OF MERCHANDISE AND SERVICESLOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA OR EQUIPMENT, COST OF RECOVERING THE SOFTWARE, DATA OR EQUIPMENT, THE TRANSMISSION COSTS OF INFORMATION SUBSTITUTE THE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR OTHER SIMILAR COSTS, AND OTHER COMMUNICATIONS SHALL BE FULLY INDEMNIFIED FROM ANY CLAIM ASSERTED BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:THIRD PARTY.

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE THAT THE SERVICES ARE PROVIDED BY WAVE ON AN ONAN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE AGREEMENT. WAVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE MBC ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE MBC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE MBC EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE MBC IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. CONTENT, WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE BROADBAND ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER OTH- ER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE BROADBAND MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED UNINTERRUPT- ED OR ERROR FREE OR THAT THE WAVE BROADBAND EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE BROADBAND IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU IN ADDITION TO THE LIMITATIONS OF LIABILITY IN THE BCSO, I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE HIPER NETWORKS ON AN “AS IS” '' AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE HIPER NETWORKS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE HIPER NETWORKS EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE HIPER NETWORKS IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE ACC ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE ACC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE ACC EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE ACC IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. , WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE MBC ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS SUBSCRIBER AGREEMENT. WAVE MBC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE MBC EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE SERVICES (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT EQUIPMENT, AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME, AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE MBC IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM PROGRAM, OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. CONTENT, WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE BLUE STREAM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE BLUE STREAM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE BLUE STREAM EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD HSI SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE BLUE STREAM IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. , WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE THAT THE SERVICES ARE SERVICE IS PROVIDED BY WAVE ON AN “"AS IS” " AND “"AS AVAILABLE” BASIS " WITHOUT WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIVONGO, INCLUDING ITS CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF TITLE OR NONINFRINGEMENT OR WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, PURPOSE AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE AGREEMENTNON-INFRINGEMENT. WAVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SOLE OWN RISK. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF LIVONGO, ITS CLIENTS, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE FOR ANY REASON. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WAVE IS THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT RESPONSIBLE FOR BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE RECORDING EXCLUSION OF OR FAILURE IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:YOU.

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE CONNECTIONS ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, UNDER THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE CONNECTIONS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE CONNECTIONS EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE CONNECTIONS IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. , WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) BITOSA Jaipur does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through these Website is at your own risk. YOU AGREE THAT THE SERVICES ARE PROVIDED BY WAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF BITOSA JAIPUR WILL NOT BE LIABLE TO YOU FOR ANY KINDLOSS OR DAMAGES, EITHER EXPRESS ACTUAL OR IMPLIEDCONSEQUENTIAL, INCLUDING WARRANTIES ARISING OUT OF TITLE OR NONINFRINGEMENT RELATING TO THESE TERMS OF USE, OR IMPLIED WARRANTIES TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE WEBSITE, OR TO YOUR PLACEMENT OF MERCHANTABILITY CONTENT ON THE WEBSITE, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR MODIFICATION UNDER, THROUGH THE LAWS APPLICABLE TO THE AGREEMENT. WAVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDEDWEBSITE. IN PARTICULAR, YOU AGREE THAT BITOSA JAIPUR WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, MISUSE OF EMAIL OR OTHER SERVICES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND OR INABILITY TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOFUSE A WEBSITE, OR FOR ANY PURCHASES ON THE CONTENT WEBSITE, OR YOUR PLACEMENT OF ANY PROGRAM OR CONTENT ON A WEBSITE, OR YOUR DVRRELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING:BITOSA Jaipur makes no representation regarding your ability to transmit and receive information from or through the Website and you agree and acknowledge that your ability to access the Website may be impaired. BITOSA Jaipur disclaims any and all liability resulting from or related to such events.

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE SUBSCRIBER AGREES THAT THE SERVICES ARE ISP SERVICE IS PROVIDED BY WAVE OPERATOR ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE OPERATOR MAKES NO WARRANTY THAT THE SERVICES ISP SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE. SUBSCRIBER FURTHER AGREES THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR ALL USE OF THE HSD ISP SERVICE (INCLUDING BUT NOT LIMITED TO THE ACCESSING AND USE OF CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU SUBSCRIBER AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SUBSCRIBER'S SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE DECCA DIGITAL SOLUTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE DECCA DIGITAL SOLUTIONS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE DECCA DIGITAL SOLUTIONS EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD HSI SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE DECCA DIGITAL SOLUTIONS IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. , WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE SUBSCRIBER AGREES THAT THE SERVICES ARE ROAD RUNNER SERVICE IS PROVIDED BY WAVE ON AN “"AS IS” " AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE ROAD RUNNER MAKES NO WARRANTY THAT THE SERVICES ROAD RUNNER SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE. SUBSCRIBER FURTHER AGREES THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR ALL USE OF THE HSD ROAD RUNNER SERVICE (INCLUDING BUT NOT LIMITED TO THE ACCESSING AND USE OF CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU SUBSCRIBER AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR SUBSCRIBER'S SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:

Disclaimer of Warranty; Limitation of Liability. (a) YOU AGREE CUSTOMER AGREES THAT THE SERVICES ARE PHONE SERVICE IS PROVIDED BY WAVE SPARKLIGHT ON AN “AS IS” AND IS”AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION RESTRICTION, OR MODIFICATION UNDER, UNDER THE LAWS APPLICABLE TO THE AGREEMENTTHIS AGREEMENI. WAVE SPARKLIGHT MAKES NO WARRANTY THAT THE SERVICES PHONE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE. CUSTOMER FURTHER AGREES THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR ALL USE OF THE HSD PHONE SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR CUSTOMERS SOLE RISK. YOU FURTHER AGREE THAT WAVE IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR DVR. WITHOUT LIMITING THE FOREGOING:: NONE OF THE SPARKLIGHT PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF CUSTOMERS COMMUNICATIONS VIA SPARKLIGHTS FACILITIES, OR THE PHONE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMERS COMPUTER(S) OR PHONE COMMUNICATIONS. CUSTOMER AGREES THAT NONE OF THE SPARKLIGHT PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMPUTER AND PHONE COMMUNICATIONS.

Disclaimer of Warranty; Limitation of Liability. (a) YOU I AGREE THAT THE SERVICES ARE PROVIDED BY WAVE GOLD COAST BROADBAND ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE THIS AGREEMENT. WAVE GOLD COAST BROADBAND MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE GOLD COAST BROADBAND EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU I AGREE THAT YOUR MY USE OF THE HSD SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO YOU ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT YOUR MY SOLE RISK. YOU I FURTHER AGREE THAT WAVE GOLD COAST BROADBAND IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR MY DVR. WITHOUT LIMITING THE FOREGOING: