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

Disclaimer of Warranty; Limitation of Liability. (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGN, QUALITY, OR CONDITION OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION. (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCE, OR REPAIR OF THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES. (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor. (d) If more than one Lessee is named in a Lease, the liability of each is joint and several.

Disclaimer of Warranty; Limitation of Liability. 6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, WITH ANY AND ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND XXXXXXX AND XXXXXXX’X LICENSORS (COLLECTIVELY, “XXXXXXX” FOR SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THE MOBILE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MOBILE APPLICATION AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THIS DISCLAIMER IN SECTION 6.2 DOES NOT APPLY TO THE EXTENT THAT THE RELEVANT RISK ARISES DUE TO XXXXXXX’X BREACH OF THIS LICENSE OR XXXXXXX’X FRAUD OR WILLFUL MISCONDUCT. 6.3 YOU AGREE THAT XXXXXXX IS NOT RESPONSIBLE FOR CHANGES MADE TO MOBILE DEVICE OPERATING SYSTEMS, OTHER SOFTWARE, SOFTWARE MARKETPLACES, OR HANDHELD DEVICE HARDWARE THAT MAKE THE MOBILE APPLICATION UNAVAILABLE, MAKE IT INOPERATIVE, OR OTHERWISE NEGATIVELY IMPACT ITS FUNCTIONALITY. XXXXXXX MAKES NO REPRESENTATION OR WARRANTY THAT THE MOBILE APPLICATION WILL BE AVAILABLE FOR DOWNLOAD OR INSTALLATION INDEFINITELY. 6.4 YOU AGREE THAT THE MOBILE APPLICATION SHALL ONLY BE USED IN CONJUNCTION WITH THE PERFORMANCE PRODUCT AND ACKNOWLEDGE THAT TO BE OPERATED EFFECTIVELY AND SAFELY, YOU MUST CONFIGURE/REGISTER IT WITH THE CORRECT PERFORMANCE PRODUCT. 6.5 YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE SAFE OPERATION OF YOUR VEHICLE AND/OR THE PERFORMANCE PRODUCT. YOU AGREE TO REFRAIN FROM USING THE MOBILE APPLICATION IN SITUATIONS WHERE DOING SO COULD, WHETHER DIRECTLY OR THROUGH DISTRACTION OR OTHER MEANS, ENDANGER LIFE OR PROPERTY. 6.6 YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS REGARDING THE OPERATION OF YOUR MOBILE DEVICE IN YOUR VEHICLE. 6.7 YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CELLULAR OR OTHER METERED DATA CHARGES ASSOCIATED WITH YOUR USE OF THE MOBILE APPLICATION. 6.8 XXXXXXX DOES NOT WARRANT THAT: (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES THERE WILL BE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGN, QUALITY, OR CONDITION INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION.MOBILE APPLICATION AND SERVICES; (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCETHE FUNCTIONS CONTAINED IN, OR REPAIR OF SERVICES PERFORMED OR PROVIDED BY, THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES.MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS; (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor.OPERATION OF THE MOBILE APPLICATION OR ANY ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (d) If more than one Lessee is named in a LeaseTHE SERVICES WILL CONTINUE TO BE MADE AVAILABLE; (e) THE MOBILE APPLICATION OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, the liability of each is joint and severalAPPLICATIONS, OR THIRD PARTY SERVICES; (f) THE MOBILE APPLICATION WILL WORK WITH FUTURE VERSIONS OF MOBILE OPERATING SYSTEMS; (g) ANY DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE DETECTED OR CORRECTED; OR (h) INSTALLATION OF THE MOBILE APPLICATION WILL NOT AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES. 6.9 YOU FURTHER ACKNOWLEDGE THAT THE MOBILE APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE THE FAILURE OF THE MOBILE APPLICATION, INTERRUPTED DATA COMMUNICATIONS BETWEEN PERFORMANCE PRODUCT AND THE MOBILE APPLICATION, OR INACCURATE INFORMATION PROVIDED BY THE MOBILE APPLICATION OR ASSOCIATED SERVICES MIGHT LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PERFORMANCE PRODUCT OR ANY VEHICLE IN WHICH THE MOBILE APPLICATION IS INSTALLED IN THE EVENT THE MOBILE APPLICATION, ALONE OR IN CONJUNCTION WITH THE PERFORMANCE PRODUCT, DOES NOT FUNCTION AS EXPECTED. 6.10 XXXXXXX PERSONNEL ARE NOT AUTHORIZED TO GIVE OR EXPAND WARRANTIES CONCERNING THE MOBILE APPLICATION OUTSIDE OF THIS LICENSE. 6.11 THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF A COUNTRY, STATE, PROVINCE OR TERRITORY THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS, BASED ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. 6.12 THIS SECTION 6 DOES NOT APPLY TO ANY NON-EXCLUDABLE OBLIGATIONS.

Disclaimer of Warranty; Limitation of Liability. (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "LICENSED TRADEMARKS ARE LICENSED “AS IS". LESSEE SELECTED ”, AND GBA, DOE, HHS, AND UCAIUG DISCLAIM, TO THE EQUIPMENT USING ITS OWN JUDGMENT FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND EXPRESSLY DISCLAIMS RELIANCE UPON CONDITIONS OF ANY STATEMENTSKIND, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING , STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WITHOUT LIMITATION: THE DESIGNIMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR CONDITION OF THE EQUIPMENT; MERCHANTABILITY OR INFRINGEMENT AND FITNESS OF THE EQUIPMENT FOR ANY A PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION. (b) LESSOR IS NOT IN NO EVENT SHALL GBA, DOE, HHS, UCAIUG, OR GBITCA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING LOSS OR DAMAGE DIRECTLY OR INDIRECTLY OF BUSINESS PROFITS) ARISING FROM LESSEEOR RELATED TO LOGO LICENSEE'S POSSESSIONUSE OF ANY OF THE LICENSED TRADEMARKS, OPERATIONEVEN IF GBA, MAINTENANCEDOE, HHS, UCAIUG, OR REPAIR GBITCA HAS BEEN ADVISED OF THE EQUIPMENTPOSSIBILITY OF SUCH DAMAGES. IN ANY EVENTNO EVENT SHALL GBA’S, LESSOR IS NOT LIABLE FOR CONSEQUENTIALDOE’S, SPECIALHHS’S, UCAIUG’S, OR INCIDENTAL DAMAGESGBITCA’S LIABILITY, IF ANY, UNDER OR ARISING OUT OF THIS LICENSE AGREEMENT EXCEED TEN THOUSAND UNITED STATES DOLLARS (US$10,000.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor. (d) If more than one Lessee is named in a Lease, the liability of each is joint and several.

Disclaimer of Warranty; Limitation of Liability. 5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, WITH ANY AND ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND XXXXXXX AND XXXXXXX'X LICENSORS (COLLECTIVELY, “XXXXXXX” FOR SECTIONS 5, 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THE MOBILE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 5.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MOBILE APPLICATION AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. 5.3 YOU AGREE THAT XXXXXXX IS NOT RESPONSIBLE FOR CHANGES MADE TO MOBILE DEVICE OPERATING SYSTEMS, OTHER SOFTWARE, SOFTWARE MARKETPLACES, OR HANDHELD DEVICE HARDWARE THAT MAKE THE MOBILE APPLICATION UNAVAILABLE, MAKE IT INOPERATIVE, OR OTHERWISE NEGATIVELY IMPACT ITS FUNCTIONALITY. XXXXXXX MAKES NO REPRESENTATION OR WARRANTY THAT THE MOBILE APPLICATION WILL BE AVAILABLE FOR DOWNLOAD OR INSTALLATION INDEFINITELY. 5.4 YOU AGREE THAT THE MOBILE APPLICATION SHALL ONLY BE USED IN CONJUNCTION WITH THE PERFORMANCE PRODUCT AND ACKNOWLEDGE THAT TO BE OPERATED EFFECTIVELY AND SAFELY, YOU MUST CONFIGURE/REGISTER IT WITH THE CORRECT PERFORMANCE PRODUCT. 5.5 YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE SAFE OPERATION OF YOUR VEHICLE AND/OR THE PERFORMANCE PRODUCT. YOU AGREE TO REFRAIN FROM USING THE MOBILE APPLICATION IN SITUATIONS WHERE DOING SO COULD, WHETHER DIRECTLY OR THROUGH DISTRACTION OR OTHER MEANS, ENDANGER LIFE OR PROPERTY. 5.6 YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS REGARDING THE OPERATION OF YOUR MOBILE DEVICE IN YOUR VEHICLE. 5.7 YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CELLULAR OR OTHER METERED DATA CHARGES ASSOCIATED WITH YOUR USE OF THE MOBILE APPLICATION. 5.8 XXXXXXX DOES NOT WARRANT THAT: (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES THERE WILL BE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGN, QUALITY, OR CONDITION INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION.MOBILE APPLICATION AND SERVICES; (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCETHE FUNCTIONS CONTAINED IN, OR REPAIR OF SERVICES PERFORMED OR PROVIDED BY, THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES.MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS; (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor.OPERATION OF THE MOBILE APPLICATION OR ANY ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (d) If more than one Lessee is named in a LeaseTHE SERVICES WILL CONTINUE TO BE MADE AVAILABLE; (e) THE MOBILE APPLICATION OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, the liability of each is joint and severalAPPLICATIONS, OR THIRD PARTY SERVICES; (f) THE MOBILE APPLICATION WILL WORK WITH FUTURE VERSIONS OF MOBILE OPERATING SYSTEMS; (g) ANY DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE DETECTED OR CORRECTED; OR (h) INSTALLATION OF THE MOBILE APPLICATION WILL NOT AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES. 5.9 YOU FURTHER ACKNOWLEDGE THAT THE MOBILE APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE THE FAILURE OF THE MOBILE APPLICATION, INTERRUPTED DATA COMMUNICATIONS BETWEEN PERFORMANCE PRODUCT AND THE MOBILE APPLICATION, OR INACCURATE INFORMATION PROVIDED BY THE MOBILE APPLICATION OR ASSOCIATED SERVICES MIGHT LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PERFORMANCE PRODUCT OR ANY VEHICLE IN WHICH THE MOBILE APPLICATION IS INSTALLED IN THE EVENT THE MOBILE APPLICATION, ALONE OR IN CONJUNCTION WITH THE PERFORMANCE PRODUCT, DOES NOT FUNCTION AS EXPECTED. 5.10 XXXXXXX PERSONNEL ARE NOT AUTHORIZED TO GIVE OR EXPAND WARRANTIES CONCERNING THE MOBILE APPLICATION OUTSIDE OF THIS LICENSE. 5.11 THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF A STATE OR TERRITORY THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS, BASED ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER.

Disclaimer of Warranty; Limitation of Liability. (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND 8.1 CARGILL EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTSALL REPRESENTATIONS AND WARRANTIES, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, INCLUDING WITHOUT LIMITATION: , WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. 8.2 BOTH PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR OTHER CONFIDENTIAL INFORMATION. 8.3 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE DESIGN, QUALITYOTHER PARTY, OR CONDITION OF TO THE EQUIPMENT; MERCHANTABILITY OTHER PARTY’S OFFICERS, EMPLOYEES OR FITNESS OF THE EQUIPMENT REPRESENTATIVES, OR TO ANY THIRD PARTY, FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTINGINDIRECT, FINANCIALCONSEQUENTIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION. (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCE, OR REPAIR OF THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGESEXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION AND/OR DEGRADATION IN VALUE OF BRANDS, TRADEMARKS, TRADENAMES, SERVICE NAMES OR SERVICE MARKS) WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY) OR OTHERWISE. (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor. (d) If more than one Lessee is named in a Lease, the liability of each is joint and several.

Disclaimer of Warranty; Limitation of Liability. (a) LESSOR LEASES DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT TO LESSEE "AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON , WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY STATEMENTSKIND, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES NO WARRANTY OR REPRESENTATION (EITHER EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGNINCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, QUALITYNON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR CONDITION OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY A PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT . NO ADVICE OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTINGINFORMATION GIVEN BY SPECTRUM, FINANCIAL, ITS AFFILIATES OR TAX TREATMENT ITS CONTRACTORS OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATIONWARRANTY. (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCE, OR REPAIR OF THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES. (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor. (d) If more than one Lessee is named in a Lease, the liability of each is joint and several.

Disclaimer of Warranty; Limitation of Liability. 6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, WITH ANY AND ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND XXXXXXX AND XXXXXXX'X LICENSORS (COLLECTIVELY, “XXXXXXX” FOR SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THE MOBILE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MOBILE APPLICATION AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. 6.3 YOU AGREE THAT XXXXXXX IS NOT RESPONSIBLE FOR CHANGES MADE TO MOBILE DEVICE OPERATING SYSTEMS, OTHER SOFTWARE, SOFTWARE MARKETPLACES, OR HANDHELD DEVICE HARDWARE THAT MAKE THE MOBILE APPLICATION UNAVAILABLE, MAKE IT INOPERATIVE, OR OTHERWISE NEGATIVELY IMPACT ITS FUNCTIONALITY. XXXXXXX MAKES NO REPRESENTATION OR WARRANTY THAT THE MOBILE APPLICATION WILL BE AVAILABLE FOR DOWNLOAD OR INSTALLATION INDEFINITELY. 6.4 YOU AGREE THAT THE MOBILE APPLICATION SHALL ONLY BE USED IN CONJUNCTION WITH THE PERFORMANCE PRODUCT AND ACKNOWLEDGE THAT TO BE OPERATED EFFECTIVELY AND SAFELY, YOU MUST CONFIGURE/REGISTER IT WITH THE CORRECT PERFORMANCE PRODUCT. 6.5 YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE SAFE OPERATION OF YOUR VEHICLE AND/OR THE PERFORMANCE PRODUCT. YOU AGREE TO REFRAIN FROM USING THE MOBILE APPLICATION IN SITUATIONS WHERE DOING SO COULD, WHETHER DIRECTLY OR THROUGH DISTRACTION OR OTHER MEANS, ENDANGER LIFE OR PROPERTY. 6.6 YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS REGARDING THE OPERATION OF YOUR MOBILE DEVICE IN YOUR VEHICLE. 6.7 YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CELLULAR OR OTHER METERED DATA CHARGES ASSOCIATED WITH YOUR USE OF THE MOBILE APPLICATION. 6.8 XXXXXXX DOES NOT WARRANT THAT: (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES THERE WILL BE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGN, QUALITY, OR CONDITION INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION.MOBILE APPLICATION AND SERVICES; (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCETHE FUNCTIONS CONTAINED IN, OR REPAIR OF SERVICES PERFORMED OR PROVIDED BY, THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES.MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS; (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor.OPERATION OF THE MOBILE APPLICATION OR ANY ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (d) If more than one Lessee is named in a LeaseTHE SERVICES WILL CONTINUE TO BE MADE AVAILABLE; (e) THE MOBILE APPLICATION OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, the liability of each is joint and severalAPPLICATIONS, OR THIRD PARTY SERVICES; (f) THE MOBILE APPLICATION WILL WORK WITH FUTURE VERSIONS OF MOBILE OPERATING SYSTEMS; (g) ANY DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE DETECTED OR CORRECTED; OR (h) INSTALLATION OF THE MOBILE APPLICATION WILL NOT AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES. 6.9 YOU FURTHER ACKNOWLEDGE THAT THE MOBILE APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE THE FAILURE OF THE MOBILE APPLICATION, INTERRUPTED DATA COMMUNICATIONS BETWEEN PERFORMANCE PRODUCT AND THE MOBILE APPLICATION, OR INACCURATE INFORMATION PROVIDED BY THE MOBILE APPLICATION OR ASSOCIATED SERVICES MIGHT LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PERFORMANCE PRODUCT OR ANY VEHICLE IN WHICH THE MOBILE APPLICATION IS INSTALLED IN THE EVENT THE MOBILE APPLICATION, ALONE OR IN CONJUNCTION WITH THE PERFORMANCE PRODUCT, DOES NOT FUNCTION AS EXPECTED. 6.10 XXXXXXX PERSONNEL ARE NOT AUTHORIZED TO GIVE OR EXPAND WARRANTIES CONCERNING THE MOBILE APPLICATION OUTSIDE OF THIS LICENSE. 6.11 THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF A STATE OR TERRITORY THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS, BASED ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER.

Disclaimer of Warranty; Limitation of Liability. (a) LESSOR LEASES DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT TO LESSEE "AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON , WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY STATEMENTSKIND, REPRESENTATIONSEITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES MADE BY OR TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSIONSUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, LESSOR MAKES NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: INCLUDING, BUT NOT LIMITED TO THE DESIGNIMPLIED WARRANTIES OF MERCHANTABILITY, QUALITYNON-INFRINGEMENT, OR CONDITION OF THE EQUIPMENT; MERCHANTABILITY OR TITLE, FITNESS OF THE EQUIPMENT FOR ANY A PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT , SYSTEM INTEGRATION, DATA ACCURACY OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATIONQUIET ENJOYMENT. (b) LESSOR IS NOT LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSIONINDIRECT, OPERATIONCONSEQUENTIAL, MAINTENANCE, OR REPAIR OF THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIALEXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR INCIDENTAL PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICE AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES. (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor. (d) If more than one Lessee is named in a Lease, the liability of each is joint and several.

Disclaimer of Warranty; Limitation of Liability. 5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, WITH ANY AND ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND XXXXXXX AND XXXXXXX'X LICENSORS (COLLECTIVELY, “XXXXXXX” FOR SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THE MOBILE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 5.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MOBILE APPLICATION AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. 5.3 YOU AGREE THAT XXXXXXX IS NOT RESPONSIBLE FOR CHANGES MADE TO MOBILE DEVICE OPERATING SYSTEMS, OTHER SOFTWARE, SOFTWARE MARKETPLACES, OR HANDHELD DEVICE HARDWARE THAT MAKE THE MOBILE APPLICATION UNAVAILABLE, MAKE IT INOPERATIVE, OR OTHERWISE NEGATIVELY IMPACT ITS FUNCTIONALITY. XXXXXXX MAKES NO REPRESENTATION OR WARRANTY THAT THE MOBILE APPLICATION WILL BE AVAILABLE FOR DOWNLOAD OR INSTALLATION INDEFINITELY. 5.4 YOU AGREE THAT THE MOBILE APPLICATION SHALL ONLY BE USED IN CONJUNCTION WITH THE PERFORMANCE PRODUCT AND ACKNOWLEDGE THAT TO BE OPERATED EFFECTIVELY AND SAFELY, YOU MUST CONFIGURE/REGISTER IT WITH THE CORRECT PERFORMANCE PRODUCT. 5.5 YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE SAFE OPERATION OF YOUR VEHICLE AND/OR THE PERFORMANCE PRODUCT. YOU AGREE TO REFRAIN FROM USING THE MOBILE APPLICATION IN SITUATIONS WHERE DOING SO COULD, WHETHER DIRECTLY OR THROUGH DISTRACTION OR OTHER MEANS, ENDANGER LIFE OR PROPERTY. 5.6 YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS REGARDING THE OPERATION OF YOUR MOBILE DEVICE IN YOUR VEHICLE. 5.7 YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CELLULAR OR OTHER METERED DATA CHARGES ASSOCIATED WITH YOUR USE OF THE MOBILE APPLICATION. 5.8 XXXXXXX DOES NOT WARRANT THAT: (a) LESSOR LEASES THE EQUIPMENT TO LESSEE "AS IS". LESSEE SELECTED THE EQUIPMENT USING ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY OR ON BEHALF OF LESSOR. EXCEPT FOR LESSEE'S RIGHT OF QUIET POSSESSION, LESSOR MAKES THERE WILL BE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) RELATING TO, WITHOUT LIMITATION: THE DESIGN, QUALITY, OR CONDITION INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT; MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE; TITLE TO THE EQUIPMENT; INFRINGEMENT OR INTERFERENCE WITH INTELLECTUAL PROPERTY RIGHTS; ACCOUNTING, FINANCIAL, OR TAX TREATMENT OR THE LIKE RELATING TO THE EQUIPMENT OR THE LEASE; OR ANY OTHER WARRANTY OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE LESSEE EXPRESSLY WAIVES ANY RIGHT TO MAKE CLAIMS AGAINST LESSOR BASED ON BREACH OF WARRANTY OR BASED ON MISREPRESENTATION.MOBILE APPLICATION AND SERVICES; (b) LESSOR IS NOT LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM LESSEE'S POSSESSION, OPERATION, MAINTENANCETHE FUNCTIONS CONTAINED IN, OR REPAIR OF SERVICES PERFORMED OR PROVIDED BY, THE EQUIPMENT. IN ANY EVENT, LESSOR IS NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES.MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS; (c) Lessor assigns to Lessee (to the extent assignable) rights Lessor has under warranties of a supplier or manufacturer of the Equipment, and such rights will be automatically reassigned to Lessor upon return of the Equipment to Lessor or upon repossession of the Equipment by Lessor.OPERATION OF THE MOBILE APPLICATION OR ANY ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (d) If more than one Lessee is named in a LeaseTHE SERVICES WILL CONTINUE TO BE MADE AVAILABLE; (e) THE MOBILE APPLICATION OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, the liability of each is joint and severalAPPLICATIONS, OR THIRD PARTY SERVICES; (f) THE MOBILE APPLICATION WILL WORK WITH FUTURE VERSIONS OF MOBILE OPERATING SYSTEMS; (g) ANY DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE DETECTED OR CORRECTED; OR (h) INSTALLATION OF THE MOBILE APPLICATION WILL NOT AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES. 5.9 YOU FURTHER ACKNOWLEDGE THAT THE MOBILE APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE THE FAILURE OF THE MOBILE APPLICATION, INTERRUPTED DATA COMMUNICATIONS BETWEEN PERFORMANCE PRODUCT AND THE MOBILE APPLICATION, OR INACCURATE INFORMATION PROVIDED BY THE MOBILE APPLICATION OR ASSOCIATED SERVICES MIGHT LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PERFORMANCE PRODUCT OR ANY VEHICLE IN WHICH THE MOBILE APPLICATION IS INSTALLED IN THE EVENT THE MOBILE APPLICATION, ALONE OR IN CONJUNCTION WITH THE PERFORMANCE PRODUCT, DOES NOT FUNCTION AS EXPECTED.