Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT FOR THE LICENSED MATERIALS EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE CPS, CERTIFICATE SERVICES AND ANY SERVICES PROVIDED IN RESPECT TO CERTIFICATE(s) ARE PROVIDED "AS IS", AND NEITHER ENTRUST GROUP NOR ANY INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, NOR ANY RESELLERS, CO-MARKETERS, OR ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST GROUP, ALL INDEPENDENT THIRD-PARTY REGISTRATION AUTHORITIES OPERATING UNDER THE ENTRUST CERTIFICATION AUTHORITIES, ALL RESELLERS OR CO-MARKETERS, AND ANY SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, EMPLOYEES, OR DIRECTORS OF ANY OF THE FOREGOING SPECIFICALLY DISCLAIM ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYEXCEPT FOR THE EXPLICIT REPRESENTATIONS, WITHOUT LIMITING WARRANTIES AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN THE GENERALITY CPS, THE ENTIRE RISK OF THE FOREGOING, ST MAKES NO REPRESENTATION USE OF ANY CERTIFICATE SERVICES OR WARRANTY THAT (I) ANY SERVICES PROVIDED IN RESPECT CERTIFICATE SERVICES OR THE USE AND DISTRIBUTION VALIDATION OF THE LICENSED MATERIALS AND OR PARTS THEREOF DIGITAL SIGNATURES WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BORNE SOLELY BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST AND ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN “AS IS”. ST MAKES NO ” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP’S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT FOR THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST EXPRESS LIMITED WARRANTY SET FORTH ABOVE, CENTRALSQUARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, INCLUDING BUT NOT LIMITED TOALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. SPECIFICALLYFURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ST MAKES NO REPRESENTATION ANY CUSTOM MODIFICATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF ANY IMPROVEMENTS WILL BE UNINTERRUPTED USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, AND WILL OPERATE WITHOUT INTERRUPTION OR (II) WILL BE COMPATIBLE WITH ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND HARDWARE OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT SOFTWARE TO THE ACQUISITION EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF LICENSES OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYANY AGREEMENT OR ANY CONDITIONS, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY LIMITATIONS, OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRESTRICTIONS THEREOF.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “"AS IS”". ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S 'S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO HEREUNDER, AND THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY OF THE COMPANIES SERVICES. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION THE COMPANY FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR WARRANTY IMPLIED THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND COMPANY'S TRADING PLATFORMS DO NOT INFRINGE OR PARTS THEREOF WILL BE UNINTERRUPTED OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT PROPRIETARY RIGHT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSIN ANY JURISDICTION. IT THE IB UNDERSTANDS AND AGREES THAT THE PLATFORMS MAY NOT SATISFY ALL OF THE LEADS' REQUIREMENTS AND MAY NOT BE UNINTERRUPTED OR ERROR-FREE. THE IB UNDERSTANDS AND AGREES THAT THE COMPANY'S SERVICES ARE BASED ON INTERNET AND COMMUNICATION NETWORKS AND RELIES PARTLY ON THIRD PARTIES SERVICES, WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY, THERE THE COMPANY'S SERVICES MAY NOT BE FREE OF MALFUNCTIONS AND THE COMPANY SHALLL NOT BE LIABLE IN ANY WAY IN SUCH EVENTS. 8. LIMITATION OF LIABILITY THE COMPANY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY HAVE NO LIABILITY WITH RESPECT TO THE ACQUISITION SERVICES PROVIDED BY THE COMPANY AND THE TRADING PLATFORMS OR ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF LICENSES THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY LIABILITY TO THE IB UNDER PATENTS FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO IB BY THE COMPANY DURING THE THREE (3) MONTH PERIOD CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT; BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTORTS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. VYVE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND VYVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS MASTER AGREEMENT, THE SERVICE, VYVE EQUIPMENT AND VYVE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY VYVE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. VYVE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CUSTOMER’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS MASTER AGREEMENT, VYVE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY VYVE 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 (II) TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR PARTS THEREOFANY END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, WHETHER INTEGRATED INTO OTHER EQUIPMENT MATERIAL OR NOTTRAFFIC DURING, ARE FREE FROM INFRINGEMENT OR THAT RESULTS FROM, CUSTOMER’S OR ANY END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR ANY END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT VYVE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE MASTER AGREEMENT AND VYVE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE PROVIDERS UNDER THIS MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACQUISITION IMPLIED WARRANTIES OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYMERCHANTABILITY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER NON-INFRINGEMENT, FITNESS FOR ANY DEVELOPMENT CREATED BY A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 15. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.16 (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. By utilizing your My RewardsTM Debit Card, you expressly agree that use of the Program, including but not limited to use of a Financial Institution short-term loan service, if any is offered, is at your sole risk. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, IS PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES WE, FINANCIAL INSTITUTION, AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR ANY INFORMATION OR CONSEQUENCES RESULTING FROM YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE. MOREOVER WE AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES EXPERIENCED BY YOU. WE AND OUR LICENSORS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION WE AND OUR LICENSORS AND VENDORS DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR WARRANTY THAT (I) THE USE AND DISTRIBUTION FUNCTIONALITY OF THE LICENSED MATERIALS AND PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND TELECOMMUNICATION LINES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCIRCUITS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT YOU HEREBY ASSUME ALL RISKS RELATING TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWFOREGOING.

DISCLAIMER OF WARRANTY. TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL PUBLISHER’S APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, PUBLISHER, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. SPECIFICALLYWITHOUT LIMITATION, WITHOUT LIMITING PUBLISHER MAKES NO WARRANTY THAT THE GENERALITY PUBLISHER’S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOINGPUBLISHER PRODUCTS WILL BE ACCURATE OR RELIABLE, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION QUALITY OF THE LICENSED MATERIALS AND PUBLISHER’S APPS WILL MEET YOUR EXPECTATIONS. PUBLISHER ASSUMES NO LIABILITY OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREERESPONSIBILITY FOR ANY PROPERTY DAMAGE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PUBLISHER’S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PUBLISHER’S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE YOUR SOLE RESPONSIBILITY TRANSMITTED TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE OR THROUGH PUBLISHER’S APPS BY ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ; OR ANY WARRANTY AND LIABILITY WHATSOEVER ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY DEVELOPMENT CREATED LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PUBLISHER’S APPS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PUBLISHER’S APPS REMAINS SOLELY WITH YOU. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY OR FOR THIRD PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AND BY OR FOR YOUR CUSTOMERSINSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SERVICES AND ANY AND ALL PARTS THEREOF THE EXCHANGE SYSTEMS ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SERVICES OR THE EXCHANGE SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO MEMBER AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY THE EXCHANGE OR THE EXCHANGE SYSTEMS WILL MEET MEMBER’S REQUIREMENTS, BE ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF LICENSES UNDER PATENTS ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE SERVICES OR THE EXCHANGE SYSTEMS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SHALL NOT BE HELD LIABLE TO OR THROUGH MEMBER OR OTHERWISE FOR ANY DEVELOPMENT CREATED USE OR ABUSE WHATSOEVER OF THE SERVICES OR THE EXCHANGE SYSTEMS BY ANY PERSON HAVING ACCESS TO THE SERVICES OR FOR YOU AND BY THE EXCHANGE SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST ANY TRANSACTIONS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO OTHERWISE ACT LAWFULLY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SERVICES AND ANY AND ALL PARTS THEREOF THE EXCHANGE SYSTEMS ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOINGDEALING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SERVICES OR THE EXCHANGE SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO MEMBER, AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY THE EXCHANGE OR THE EXCHANGE SYSTEMS WILL MEET MEMBER’S REQUIREMENTS, BE ERROR-FREE, OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF LICENSES UNDER PATENTS ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE SERVICES OR THE EXCHANGE SYSTEMS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SHALL NOT BE HELD LIABLE TO OR THROUGH MEMBER OR OTHERWISE FOR ANY DEVELOPMENT CREATED USE OR ABUSE WHATSOEVER OF THE SERVICES OR THE EXCHANGE SYSTEMS BY ANY PERSON HAVING ACCESS TO THE SERVICES OR FOR YOU AND BY THE EXCHANGE SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST ANY TRANSACTIONS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO OTHERWISE ACT LAWFULLY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY THE EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF LICENSES UNDER PATENTS ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE EXCHANGE AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY THIRD PARTYPARTY VENDOR ACTIONS OR OMISSIONS RELATING TO USER’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY DATA AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED CLAIMS ARISING OUT OF OR RELATING TO THE DESTRUCTION, LOSS, ALTERATION OR UNAUTHORIZED DISCLOSURE OF USER’S DATA BY SUCH THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, DAMAGES, OTHER MONETARY RELIEF, COSTS AND REASONABLE FEES IN CONNECTION THEREWITH, AND FOR ANY USE OR FOR YOU AND ABUSE WHATSOEVER OF THE EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO THE EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST ANY TRANSACTIONS OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO OTHERWISE ACT LAWFULLY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED “BY ZEBRA IS PROVIDED "AS IS”. ST MAKES NO REPRESENTATIONS OR " AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY YOU FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE Supplier licenses the Supplier Software to Licensee on an "AS IS" basis. SUPPLIER SOFTWARE PROVIDED ON AN “AS IS”. ST MAKES NO REPRESENTATIONS ” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES, OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OR TRADE OR COURSE OF DEALING REGARDING THE SUPPLIER SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH LICENSEE PROGRAMS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE FOREGOINGPROGRAM IS ASSUMED BY YOU. NEITHER WE NOR OUR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, ST MAKES NO REPRESENTATION INCIDENTAL, SPECIAL OR WARRANTY THAT (I) THE USE AND DISTRIBUTION CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE LICENSED MATERIALS AND POSSIBILITY OF SUCH DAMAGES OR PARTS THEREOF WILL BE UNINTERRUPTED THEY ARE FORESEEABLE; OR ERROR FREEFOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND OR (II) ANY USE AND DISTRIBUTION THAT OF OUR SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE NUMBER OF LICENSES GRANTED BY US FOR THE PROGRAM, REGARDLESS OF THE LICENSED MATERIALS AND NUMBER AND/OR PARTS THEREOFTYPE OF CLAIMS MADE OR DAMAGES INCURRED. Good data processing procedure dictates that any program be thoroughly tested with non- critical data before relying on it. The Licensee, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTits employees, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSagents, or distributors have any right to make any other representation, warranty or promise with respect to the Supplier Software. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESLimitation of Liability In no event shall Supplier be liable for special, incidental or consequential damages arising from the use, sale or distribution of Supplier Software by Licensee or any third party, whether under theory of contract, tort (including negligence), product liability or otherwise. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWIn no event shall Supplier's liability under this Agreement exceed the amount of $500.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THE LICENSOR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTY THAT THE LICENSED MATERIALS AND LICENSOR PRODUCTS OR DOCUMENTATION ARE ERROR-FREE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (2) ANY AND ALL PARTS THEREOF ARE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND (3) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CUSTOMER ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE LICENSOR PRODUCTS PROVIDED “AS IS”HEREUNDER TO ACHIEVE Customer's INTENDED RESULTS. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDALL TRIAL VERSIONS, INCLUDING BUT NOT LIMITED TOTO FREE, IMPLIED TRIAL, BETA, OR NON-COMMERCIAL VERSIONS OF THE SOFTWARE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEANY KIND, MAINTENANCE OR INDEMNITY OBLIGATION ON THE PART OF LICENSOR. SPECIFICALLYIf a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGlimitations on how long an implied warranty may last, ST MAKES NO REPRESENTATION OR WARRANTY THAT or the exclusion or limitation of incidental, consequential, or special damages: (IA) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR each warranty which cannot be excluded is limited in time to sixty (II60) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWdays from the effective date of this Agreement; and (B) Licensor's total liability to Customer for breach of all such warranties are limited to the amount stated in Section 12 (Limitation of Liability).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND THE INTERNET AND ACCESSES THE SAME AT ITS OWN RISK. TWC EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE OR THE INTERNET OR ACTIONS TAKEN ON THE INTERNET AND TWC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICE AND RELATED EQUIPMENT AND/OR OTHER MATERIALS AND ANY AND ALL PARTS THEREOF USED IN CONNECTION WITH THE SERVICE, IF ANY, ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY TWC, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. TWC DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF CUSTOMER WILL BE UNINTERRUPTED SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR ERROR FREELOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TWC’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT, AND TWC DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR (II) ANY USE AND DISTRIBUTION IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF THE LICENSED MATERIALS AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ROUTING SERVICES ARE PROVIDED “AS AS-IS”” AND WITHOUT WARRANTY OF ANY KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF ROUTING SERVICE, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY BATS TRADING, EXCHANGE OR ITS OR THEIR AGENTS, AFFILIATES, LICENSORS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TOTO ANY WARRANTY OF SATISFACTORY QUALITY, ACCURACY, UNINTERRUPTED USE, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF MERCHANTABILITY DEALING OR COURSE OF PERFORMANCE) ARE HEREBY OVERRIDDEN, EXCLUDED AND FITNESS DISCLAIMED. 11. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY BATS TRADING OR A PARTICULAR PURPOSECLAIM ARISING OUT OF BATS TRADING’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT BATS TRADING IS NOT LIABLE UNDER THIS ROUTING AGREEMENT TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER SUCH TRADE OR TRANSACTION. SPECIFICALLYABSENT FRAUD OR WILLFUL MISCONDUCT BY BATS TRADING OR A CLAIM ARISING OUT OF BATS TRADING’S INDEMNIFICATION OBLIGATION, WITHOUT LIMITING NEITHER BATS TRADING, OR ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER CLAIMS, ARISING OUT OF THE GENERALITY ROUTING SERVICE OR ITS USE. ANY LOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF BATS TRADING TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY USER OR THE MEMBER SPONSORING USER, THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. NOTWITHSTANDING THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION BATS TRADING AS A FACILITY OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL EXCHANGE MAY BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY LIABLE TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT USER TO THE ACQUISITION EXTENT SUCH LIABILITY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.16 (LIMITATION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYLIABILITY), ST DISCLAIMS ANY LIABILITY IN CASE ANY AS SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE- NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS USE OF THE PRODUCTS AND ANY SERVICES IS AT YOUR SOLE RISK AND ALL PARTS THEREOF THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESIDES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES ARE PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR " AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PRO-ED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY PRO-ED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FOREGOINGPRODUCTS, ST MAKES NO REPRESENTATION THAT THE FUNCTIONS CONTAINED IN, OR WARRANTY THAT (I) SERVICES PERFORMED OR PROVIDED BY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCTS WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED. NO ORAL OR (II) ANY USE AND DISTRIBUTION WRITTEN INFORMATION OR ADVICE GIVEN BY PRO-ED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCTS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE LICENSED MATERIALS AND EXCLUSION OF IMPLIED WARRANTIES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE SO THE ABOVE EXCLUSION AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF PRODUCTS ARE PROVIDED “WITH ALL Licensing Agreement, FAULTS ON AN "AS IS”" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WITHOUT LIMITING REPOSYSTEMS AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE GENERALITY FUNCTIONALITY OF THE FOREGOINGPRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE PRODUCTS WILL BE CORRECTED, ST MAKES NOR DO THEY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO REPRESENTATION ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REPOSYSTEMS OR AN REPOSYSTEMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT (I) THE USE CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. REPOSYSTEMS AND DISTRIBUTION OF THE LICENSED MATERIALS ITS LICENSORS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE ACQUISITION PRODUCTS. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH THE PRODUCTS YOU CHOOSE TO USE AND DISTRIBUTION INFRINGE YOU ASSUME THE ENTIRE COST OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSSERVICE AND REPAIR. FURTHERMORE ST HEREBY DISCLAIMS ANY THIS DISCLAIMER OF WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSCONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN USE OF THE EXPRESS WARRANTIES IN PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDISCLAIMER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5 .1 , THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED PRODUCT IS LICENSED ON AN “AS IS”” BASIS AND THE NPSS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED PRODUCT, OR OTHER ACCOMPANYING MATERIAL OR SERVICE, IF ANY, INCLUDING ANY ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) AND SwRI SPECIFICALLY DISCLAIMS (AND END USER WAIVES) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY SwRI ON THE PRODUCT UNDER USE OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. ST SwRI DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE LICENSED PRODUCT WILL BE UNINT ERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO END USER’S DATA, COMPUTERS, OR NETWORKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SwRI, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SwRI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO REGARDING THE SUPPORT FOR THE LICENSED MATERIALS PRODUCT AND THE PARTIES AGREE THAT THE NPSS LICENSORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR PARTS THEREOF WHETHER EXPRESS DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR IMPLIEDINCIDENTAL DAMAGES, (INCLUDING BUT NOT LIMITED TODAMAGES FOR LOSS OF BUSINESS PROFITS, IMPLIED WARRANTIES BUSINESS INTERRUPTION, LOSS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYDATA, WITHOUT LIMITING THE GENERALITY LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE FOREGOING, ST MAKES NO REPRESENTATION USE OR WARRANTY THAT (I) INABILITY TO USE SUCH PRODUCT EVEN IF THE USE AND DISTRIBUTION NPSS LICENSORS HAS BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. SwRI AND THE NPSS LICENSORS SHALL NOT BE HELD LIABLE OR PARTS THEREOF WILL BE UNINTERRUPTED RESPONSIBLE IN ANY WAY FOR SwRI’S ACTIONS OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OMISSIONS IN PROVIDING SUCH SUPPORT. THESE DISCLAIMERS OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT WARRANTY CONSTITUTE AN ESSENTIAL PART OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWAGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”” WITH ALL FAULTS. ST MAKES NO REPRESENTATIONS OR LICENSOR AND ITS PARENT, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF CONDITIONS, WHETHER EXPRESS EXPRESS, STATUTORY OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TOTO ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. SPECIFICALLYFURTHER, WITHOUT LIMITING THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE GENERALITY SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. IN PARTICULAR, LICENSOR AND ITS PARENT, AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREEERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, WILL CREATE ANY WARRANTY OR OBLIGATION ON BEHALF OF LICENSOR OR ITS PARENT, AFFILIATES, OR SUPPLIERS. THE ENTIRE RISK ARISING OUT OF THE USE, PERFORMANCE AND QUALITY OF THE SOFTWARE REMAINS WITH YOU. THE SOFTWARE IS ACCESSED AND USED AT YOUR OWN DISCRETION AND RISK, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL YOU WILL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SOLELY RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR YOU OTHER SYSTEMS AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN LOSS OF DATA IN CONNECTION WITH THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSOFTWARE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AS AN EXPRESS CONDITION TO USING THE LICENSED SOFTWARE, CUSTOMER ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED SOFTWARE IS AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER. THE LICENSED MATERIALS SOFTWARE AND ANY AND ALL PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ST MAKES NO REPRESENTATIONS OR , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE PRACTICE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE LICENSED MATERIALS AND SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THAT DEFECTS IN THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOFSERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AFFILIATES OR REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD THE LICENSED SOFTWARE OR SERVICES PROVE DEFECTIVE, WHETHER INTEGRATED INTO OTHER EQUIPMENT CUSTOMER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR NOT, ARE FREE FROM INFRINGEMENT CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE SO THE ABOVE EXCLUSION AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIMITATIONS MAY NOT APPLY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS LICENSE, INCLUDING THIS SECTION 7, WILL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN “AS IS”. ST MAKES NO ” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP’S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT GAF PROJECT AND THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF OTHER SERVICES ARE PROVIDED “AS IS”” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF GAF PROJECT AND THE OTHER SERVICES IS WITH YOU. ST MAKES SHOULD GAF PROJECT OR ANY OF THE OTHER SERVICES PROVE DEFECTIVE, NO REPRESENTATIONS GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR MOBILE DEVICE, YOUR NETWORK, GAF PROJECT OR THE OTHER SERVICES. THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO GAF PROJECT AND THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OTHER SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT GAF PROJECT OR THE OTHER SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, WITHOUT LIMITING THAT THE GENERALITY OPERATION OR USE OF GAF PROJECT OR THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF OTHER SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN GAF PROJECT OR THE OTHER SERVICES CAN OR WILL BE CORRECTED, THAT GAF PROJECT OR THE OTHER SERVICES WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE OR NETWORK, OR THAT DATA AND CONTENT PRESENTED BY GAF PROJECT OR (II) THE OTHER SERVICES, OR OTHERWISE DERIVED FROM YOUR USE OF GAF PROJECT OR THE OTHER SERVICES, OR CONTAINED OR MADE AVAILABLE WITHIN GAF PROJECT OR THE OTHER SERVICES, WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON YOUR USE OF GAF PROJECT AND DISTRIBUTION OF THE LICENSED MATERIALS OTHER SERVICES, INCLUDING, WITHOUT, LIMITATION, ANY DATA AND/OR CONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. INFORMATION TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS REACHABLE FROM THE INTERNET IS INHERENTLY INSECURE, AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF THE GAF PARTIES DO NOT MAKE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS GAF PROJECT OR THE OTHER SERVICES OR THE INFORMATION TRANSMITTED BY GAF PROJECT OR THE OTHER SERVICES, WHETHER SUCH INFORMATION IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURE OR THAT GAF PROJECT OR THE OTHER SERVICES WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESNO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. CONSEQUENTLYNO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY FOR ANY LOSS CAUSED BY, ST DISCLAIMS ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RESULTING TO YOUR MOBILE DEVICE OR NETWORK. WITHOUT LIMITING THE FOREGOING, NO GAF PARTY WILL HAVE ANY LIABILITY TO YOU IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSRELATION TO THE OTHER SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO PROVIDE YOU WITH ACCESS TO GAF PROJECT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE CUSTOMER AGREES THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES PROVIDED BY WIN ARE PROVIDED ON AN “AS IS”” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ST WIN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO ANY WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS OF SERVICE OR FACILITIES FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY WIN DOES NOT WARRANT THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SERVICE WILL BE UNINTERRUPTED WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR DEGRADATION OF QUALITY, OR ERROR FREE, AND SECURE, OR (II) ANY FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT WIN EQUIPMENT WILL OPERATE AS INTENDED. CUSTOMER AGREES THAT ALL USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICES IS AT CUSTOMER’S SOLE RISK AND NEITHER WIN NOR ITS EMPLOYEES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO TRANSMISSION FACILITIES OR EQUIPMENT OR NOTFOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF SERVICE OR EQUIPMENT THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. STATEMENTS AND DESCRIPTIONS CONCERNING SERVICE OR EQUIPMENT, IF ANY, BY WIN'S EMPLOYEES, AGENTS OR INSTALLERS ARE FREE FROM INFRINGEMENT INFORMATIONAL AND ARE NOT GIVEN AND MAY NOT BE RELIED UPON AS A WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWKIND.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 15. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.14 (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND AND/OR PARTS THEREOF THEREOF, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND AND/OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE OF LICENSED MATERIALS PERMITTED UNDER THIS LLA INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SERVICES AND ANY AND ALL PARTS THEREOF EXCHANGE SYSTEM ARE PROVIDED ON AN “AS IS”” AND “AS AVAILABLE” BASIS. ST NONE OF EXCHANGE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY PROVIDER MAKES NO REPRESENTATIONS ANY WARRANTY, EXPRESS OR WARRANTIES WITH RESPECT IMPLIED, AS TO UNINTERRUPTED AVAILABILITY, SECURITY, TIMELINESS, OR THE LICENSED MATERIALS ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION OR AS TO RESULTS TO BE ATTAINED BY MEMBER OR ANYONE ELSE FROM THE USE OF THE SERVICES OR EXCHANGE SYSTEM. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, EXCHANGE, ITS AFFILIATES AND ALL THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, CONDITIONS, GUARANTEES OR PARTS THEREOF REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING, OR THAT ARISE FROM STATUTE OR FROM A COURSE OF DEALING, USAGE OR TRADE INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION ANY WARRANTIES, IMPLIED WARRANTIES CONDITIONS, GUARANTEES OR REPRESENTATIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR MERCHANTABLE OR SATISFACTORY QUALITY, OR NON-INFRINGEMENT. SPECIFICALLYNONE OF EXCHANGE, WITHOUT LIMITING ITS AFFILIATES OR ANY THIRD PARTY PROVIDER SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE GENERALITY SERVICES OR EXCHANGE SYSTEM OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION THEREWITH. NONE OF EXCHANGE, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER IS SOLICITING ANY ACTION BASED UPON THE USE OF THE FOREGOING, ST MAKES NO REPRESENTATION SERVICES OR WARRANTY THAT (I) EXCHANGE SYSTEM. THE USE ENTIRE RISK AS TO THE QUALITY AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS SERVICES AND OR PARTS THEREOF THE EXCHANGE SYSTEM ARE WITH THE MEMBER AND THERE IS NO GUARANTEE THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE MEMBER’S REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWOPERATE WITHOUT INTERRUPTION.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS LICENCE, INCLUDING THIS SECTION 7, WILL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP'S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT THAT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE PROVIDER DOES NOT WARRANT THAT THE LICENSED MATERIALS AND SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY AND ALL PARTS THEREOF ARE ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD-PARTY CONTENT OR SERVICES PROVIDED “AS IS”BY THIRD PARTIES. ST MAKES PROVIDER SHALL HAVE NO REPRESENTATIONS OR WARRANTIES OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE LICENSED MATERIALS WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CUSTOMER OR A THIRD PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OR PARTS THEREOF WHETHER OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, CUSTOMER ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS BY THE PROVIDER OR ANY THIRD- PARTY VENDORS’ INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) THAT THOSE THIRD-PARTY VENDORS DISCLAIM ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFALL LIABILITY, WHETHER INTEGRATED INTO OTHER EQUIPMENT DIRECT, INDIRECT OR NOTCONSEQUENTIAL, ARE FREE ARISING FROM INFRINGEMENT THE SERVICES. PROVIDER MAY LINK TO OR OFFER THIRD-PARTY SERVICES FOR RESALE. ANY PURCHASE, ENABLING, OR ENGAGEMENT OF THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLEMENTATION, CUSTOMIZATION, CONSULTING SERVICES, E-MAIL, WEB HOSTING, SERVER HOSTING, PHONE SERVICE, AND ANY THIRD EXCHANGE OF DATA BETWEEN YOU AND ANY THIRD- PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE, IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD- PARTY SERVICE PROVIDER AND IS SUBJECT TO THE ACQUISITION TERMS AND CONDITIONS OF LICENSES UNDER PATENTS SUCH THIRD-PARTY PROVIDER. PROVIVDER DOES NOT WARRANT THIRD- PARTY SERVICES AND OTHER INTELLECTUAL PROPERTY RIGHTS IS NOT RESPONSIBLE OR LIABLE FOR SUCH SERVICES OR ANY LOSSES OR ISSUES THAT RESULT AS YOUR USE OF THIRD PARTIESSUCH SERVICES. CONSEQUENTLYIF YOU PURCHASE, ST DISCLAIMS ENABLE OR ENGAGE ANY LIABILITY THIRD-PARTY SERVICE FOR USE IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. CONNECTION WITH THE SERVICES, YOU ACKNOWLEDGE THAT COMPANY MAY ALLOW PROVIDERS OF THOSE THIRD-PARTY SERVICES TO ACCESS YOUR DATA USED IN CONNECTION WITH THE SERVICES AS REQUIRED FOR THE INTEROPERATION OF SUCH THIRD-PARTY SERVICES WITH THE SERVICES. YOU HAVE RELIED ON NO WARRANTIES OTHER THAN REPRESENT AND WARRANT THAT YOUR USE OF ANY THIRD-PARTY SERVICE SIGNIFIES YOUR INDEPENDENT CONSENT TO THE EXPRESS WARRANTIES IN THIS LLA ACCESS AND USE OF YOUR DATA BY THE THIRD-PARTY SERVICE PROVIDER, AND THAT NO WARRANTIES ARE MADE SUCH CONSENT, USE, AND ACCESS IS OUTSIDE OF PROVIDERS’S CONTROL. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE, MODIFICATION OR DELETION OF DATA RESULTING FROM ANY SUCH ACCESS BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTHIRD-PARTY SERVICE PROVIDERS. Compliance with Laws The Parties shall comply with all relevant laws applicable to Customer or in Customer’s industry.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “10.1 The Customer acknowledges and agrees that use of the Software is at the Customer's sole risk. The Software is provided "AS IS”. ST MAKES NO REPRESENTATIONS " and without warranty of any kind and Bitplane and Bitplane's licensor(s) ("Bitplane’s Licensor") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLYTHE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, WITHOUT LIMITING OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR ERROR- FREE, AND OR (II) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE AND DISTRIBUTION OR THE RESULTS OF THE LICENSED MATERIALS AND USE OF THE SOFTWARE OR PARTS THEREOFRELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, WHETHER INTEGRATED INTO OTHER EQUIPMENT RELIABILITY, OR NOTOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SUPPLIER OR A SUPPLIER’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ARE FREE FROM INFRINGEMENT SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THIS DISCLAIMER DO NOT AFFECT OR PREDJUDICE THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER ACQUIRING SUPPLIER PRODUCTS OTHERWISE THAN IN THE ORDINARY COURSE OF BUSINESS, ST DISCLAIMS NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED DEATH OR PERSONAL INJURY CAUSED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSUPPLIER'S NEGLIGENCE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE (UNLESS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT) TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 15. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARANCE AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE EXCHANGE RULE CURRENTLY NUMBERED 11.14 (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE LICENSEE ACKNOWLEDGES THAT THE LICENSED MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY UPDATES) AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND AND/OR PARTS THEREOF THEREOF, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND AND/OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR LICENSEE’S SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS AND ITS AFFILIATES DISCLAIM ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE OF LICENSED MATERIALS PERMITTED UNDER THIS AGREEMENT INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST AND ITS AFFILIATES HEREBY DISCLAIMS DISCLAIM ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY LICENSEE OR FOR YOUR LICENSEE’S CUSTOMERS. YOU ACKNOWLEDGE LICENSEE REPRESENTS THAT YOU HAVE LICENSEE HAS RELIED ON NO REPRESENTATIONS OR WARRANTIES OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS LLA AGREEMENT AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES ARE MADE BY ST OR ITS AFFILIATES OR GRANTED BY LAW WHENEVER IT IS OPERATION OF LAW, TO THE GREATEST EXTENT PERMITTED BY LAW. THIS ARTICLE 5 SETS FORTH ESSENTIAL CONDITIONS OF THE PARTIES’ DECISION TO ENTER INTO THIS AGREEMENT, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “AS IS”” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER AUTHOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGMENT. SPECIFICALLYTHE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE AND ITS FUNCTIONALITY, WITHOUT LIMITING RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. YOU UNDERSTAND THAT THE SOFTWARE MAY PRODUCE INACCURATE OR (II) INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY YOU TO PROPERLY USE THE SOFTWARE. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS SOFTWARE AND BEAR THE ENTIRE RISK FOR SUCH ERROR AND FAILURES. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR PARTS THEREOFCONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, WHETHER INTEGRATED INTO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER EQUIPMENT PECUNIARY OR NOTOTHER LOSS WHATSOEVER ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, ARE FREE FROM INFRINGEMENT EVEN IF ADVISED OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE POSSIBILITY OF SUCH DAMAGES. IT REGARDLESS OF THE FORM OF ACTION, THE AUTHOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED MAXIMUM EXTENT ALLOWED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE PROVIDED BY SEPARATE WARRANTY TO YOU ACKNOWLEDGE THAT IN WRITING BY INTELLIFLASH, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED TO YOU “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT ” WITHOUT WARRANTY OF ANY KIND, AND TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELLIFLASH AND OR PARTS THEREOF WHETHER ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM NON-INFRINGEMENT OF ANY THIRD THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, OR LACK OF VIRUSES, AND ANY WARRANTIES REGARDING THE INTEGRITY, SECURITY, OR RELIABILITY OF THE SOFTWARE. IT INTELLIFLASH DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE. INTELLIFLASH DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE CONTINUOUS OR UNINTERRUPTED, AND INTELLIFLASH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, MATERIAL, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SOLE COMPUTER, DEVICE, SYSTEM, OR NETWORK, INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE, OR AMEND THE APPLICABLE WARRANTY THAT RELATES TO YOUR USE, IF APPLICABLE, OF DEVICES. INTELLIFLASH DOES NOT MAKE ANY REPRESENTATIONS ABOUT, AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY CONTENT, ANY THIRD-PARTY DEVICE, OR THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER. INTELLIFLASH IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT OF THIRD-PARTY CONTENT. INTELLIFLASH DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY CONTENT OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES ACCESSED THROUGH THE SOFTWARE. TO THE ACQUISITION EXTENT YOU CHOOSE TO USE OR ACCESS ANY THIRD-PARTY CONTENT THROUGH THE SOFTWARE, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION APPLICABLE LOCAL LAWS AND PRIVACY AND DATA COLLECTION LAWS. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE ON BEHALF OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS INTELLIFLASH THAT DIFFERS FROM THE TERMS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWAGREEMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT FEDEX AND ITS REPRESENTATIVES ( AS DEFINED IN SECTION 8 BELOW) ARE NEITHER PROVIDING ANY SUPPLIES OR TOOLS NECESSARY TO USE THE LICENSED MATERIALS PRODUCT NOR CHARGING LICENSEE A FEE FOR USE OF THE PRODUCT OR FOR PROVIDING THE LIMITED SUPPORT SERVICES, IF ANY. THE PRODUCT AND ANY AND ALL PARTS THEREOF LIMITED SUPPORT SERVICES ARE PROVIDED “AS AS-IS”” WITHOUT REPRESENTATION OR WARRANTY OF KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS EXTENT PERMITTED BY APPLICABLE LAW, FEDEX, AND OR PARTS THEREOF WHETHER EXPRESS ITS REPRESENTATIVES (AS DEFINED IN SECTION 8 BELOW), DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT. SPECIFICALLY, WITHOUT LIMITING FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE GENERALITY PRODUCT WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCT’S OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREEFREE OR THAT ANY DEFECT WITHIN THE PRODUCT WILL BE CORRECTED. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE LIMITED SUPPORT SERVICES WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT IT WILL CORRECT ANY DEFECT WITHIN THE PRODUCT. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE PRODUCT, LIMITED SUPPORT SERVICES OR ANY OTHER RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR (II) WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE PRODUCT. FURTHERMORE, FEDEX AND ITS REPRESENTATIVES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF LICENSEE’S INSTALLATION OR USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND PRODUCT OR PARTS THEREOFTHE LIMITED SUPPORT SERVICES IN TERMS OF CAPABILITY, WHETHER INTEGRATED INTO OTHER EQUIPMENT CORRECTNESS, ACCURACY, RELIABILITY OR NOTOTHERWISE. NO ORAL OR WRITTEN INFORMATION, ARE FREE FROM INFRINGEMENT REPRESENTATION OR ADVICE GIVEN BY FEDEX I ITS REPRESENTATIVES OR AN AUTHORIZED REPRESENTATIVE OF EITHER WILL CREATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSWARRANTY. IT SHALL BE YOUR SOLE RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESLICENSEE. CONSEQUENTLYIN THAT EVENT, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO IMPLIED WARRANTIES ARE MADE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE APPLICATION. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE AND IN SUCH EVENT, THE PERIOD OF SUCH WARRANTY WILL BE THE MINIMUM PERIOD ALLOWABLE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY APPLICABLE LAW. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM JURISDICTION TO JURISDICTION AND FROM COUNTRY/TERRITORY TO COUNTRY/TERRITORY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. VYVE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND VYVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS MASTER AGREEMENT, THE SERVICE, VYVE EQUIPMENT AND VYVE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY VYVE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. VYVE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CUSTOMER’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS MASTER AGREEMENT, VYVE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY VYVE 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 (II) TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR PARTS THEREOFANY END USER’S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, WHETHER INTEGRATED INTO OTHER EQUIPMENT MATERIAL OR NOTTRAFFIC DURING, ARE FREE FROM INFRINGEMENT OR THAT RESULTS FROM, CUSTOMER’S OR ANY END USERS’ USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S OR ANY END USERS’ SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT VYVE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE MASTER AGREEMENT AND VYVE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE PROVIDERS UNDER THIS MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE ACQUISITION IMPLIED WARRANTIES OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYMERCHANTABILITY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER NON-INFRINGEMENT, FITNESS FOR ANY DEVELOPMENT CREATED BY A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWQUIET ENJOYMENT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTY OF ANY KIND AND THE NETWORK HEREBY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED WITH RESPECT REGARD TO THE LICENSED MATERIALS SERVICES AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDTHESE TERMS INCLUDING ANY IMPLIED WARRANTY OF TITLE, INCLUDING BUT NOT LIMITED TONON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND OR QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY NETWORK DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NETWORK OR ELSEWHERE WILL CREATE ANY WARRANTY. PROVIDED THE NETWORK HAS PROPERLY INSTALLED, CONFIGURED, TESTED, SECURED, AND MAINTAINED THE SERVICES, THE NETWORK SHALL HAVE NO RESPONSIBILITY FOR OR LIABILITY WHATSOEVER FOR RELATED TO THE ACCURACY, CONTENT, CURRENCY, COMPLETENESS, OR DELIVERY OF ANY DEVELOPMENT CREATED MESSAGE CONTENT PROVIDED BY A TDSO TO THE SERVICES. THE NETWORK ASSUMES NO LIABILITY AND DOES NOT MAKE ANY WARRANTIES RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER USE OF ANY INFORMATION WHILE IT IS PERMITTED BY LAWTRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES. FOR PURPOSES OF THIS DISCLAIMER, ALL REFERENCES TO THE NETWORK WILL INCLUDE THE NETWORK’S SERVICE PROVIDERS, SUPPLIERS, AND VENDORS. Some states, territories and countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to Participant.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY AND ALL PARTS THEREOF HARDWARE ARE PROVIDED BY RED HAT “AS IS”. ST MAKES NO REPRESENTATIONS ” AND WITHOUT WARRANTIES OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDCONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE GENERALITY USE OF THE FOREGOINGSERVICES, ST MAKES NO REPRESENTATION SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. ALL STATUTORY OR IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY UNDER ANY CONDITION OR WARRANTY THAT WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED, IN THE DISCRETION OF RED HAT, TO: (IA) IN THE USE AND DISTRIBUTION CASE OF GOODS, THE REPLACEMENT OF THE LICENSED MATERIALS AND GOODS OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREETHE SUPPLY OF EQUIVALENT GOODS, AND OR (II) ANY USE AND DISTRIBUTION THE REPAIR OF THE LICENSED MATERIALS GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF SERVICES, SUPPLYING THE SERVICES AGAIN, OR PARTS THEREOFPAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Without limiting the generality of the foregoing disclaimer, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTthe Software, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSServices and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWClient agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE PROVIDER DOES NOT WARRANT THAT THE LICENSED MATERIALS AND SERVICES WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, THAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY AND ALL PARTS THEREOF ARE ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICES THAT ARISE FROM CLIENT’S CONTENT OR THIRD-PARTY CONTENT, OR SERVICES PROVIDED “AS IS”BY THIRD PARTIES. ST MAKES PROVIDER SHALL HAVE NO REPRESENTATIONS OR WARRANTIES OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE LICENSED MATERIALS WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CLIENT OR A THIRD PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, CLIENT’S EXCLUSIVE REMEDY AND OR PARTS THEREOF WHETHER PROVIDER’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO CLIENT THE FEES FOR THE TERMINATED SERVICES THAT CLIENT PRE-PAID TO PROVIDER FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, CLIENT ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS BY THE PROVIDER OR ANY THIRD-PARTY VENDORS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS, OR FOR MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) THAT THOSE THIRD-PARTY VENDORS DISCLAIM ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFALL LIABILITY, WHETHER INTEGRATED INTO OTHER EQUIPMENT DIRECT, INDIRECT, OR NOTCONSEQUENTIAL, ARE FREE ARISING FROM INFRINGEMENT THE SERVICES. PROVIDER MAY LINK TO OR OFFER THIRD-PARTY SERVICES FOR RESALE. ANY PURCHASE, ENABLING, OR ENGAGEMENT OF THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLEMENTATION, CUSTOMIZATION, CONSULTING SERVICES, E-MAIL, WEB HOSTING, SERVER HOSTING, PHONE SERVICE, AND ANY EXCHANGE OF DATA BETWEEN CLIENT AND ANY THIRD-PARTY SERVICE, IS SOLELY BETWEEN CLIENT AND THE APPLICABLE THIRD-PARTY SERVICE PROVIDER AND IS SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD-PARTY PROVIDER. PROVIDER DOES NOT WARRANT THIRD-PARTY SERVICES AND IS NOT RESPONSIBLE OR LIABLE FOR SUCH SERVICES OR ANY LOSSES OR ISSUES THAT RESULT FROM CLIENT’S USE OF SUCH SERVICES. IF CLIENT PURCHASES, ENABLES, OR ENGAGES ANY THIRD-PARTY SERVICE FOR USE IN CONNECTION WITH THE SERVICES, CLIENT ACKNOWLEDGES THAT PROVIDER MAY ALLOW THIRD-PARTY SERVICES PROVIDERS TO ACCESS CLIENT DATA USED IN CONNECTION WITH THE SERVICES AS REQUIRED FOR THE INTEROPERATION OF SUCH THIRD-PARTY SERVICES WITH THE SERVICES. CLIENT REPRESENTS AND WARRANTS THAT CLIENT’S USE OF ANY THIRD THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE SIGNIFIES CLIENT’S INDEPENDENT CONSENT TO THE ACQUISITION ACCESS AND USE OF LICENSES UNDER PATENTS CLIENT’S DATA BY THE THIRD-PARTY SERVICE PROVIDER, AND OTHER INTELLECTUAL PROPERTY RIGHTS THAT SUCH CONSENT, USE, AND ACCESS IS OUTSIDE OF THIRD PARTIESPROVIDERS’S CONTROL. CONSEQUENTLYPROVIDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE, ST DISCLAIMS ANY LIABILITY IN CASE MODIFICATION, OR DELETION OF DATA RESULTING FROM ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSACCESS BY THIRD-PARTY SERVICE PROVIDERS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSCOMPLIANCE WITH LAWS Provider shall comply with all laws applicable to Provider in its role as a Managed IT Provider. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON For the avoidance of doubt, unless otherwise provided in an Order, Provider is not responsible for complying with the laws applicable to Client or Client’s industry. Client shall comply with all laws applicable to Client or in Client’s industry. Although it is under no obligation to do so, from time to time, Provider may make recommendations regarding legal requirements and regulatory compliance protocols related to Client’s network and practices. If Client fails to adopt or implement the recommended legal requirements or regulatory compliance protocols, Client is responsible for any and all damages related to legal and regulatory compliance. Even if Client does take Provider’s advice regarding legal requirements and regulatory compliance protocols, Provider does not take responsibility for any legal requirements and regulatory compliance protocols or audits. NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWHIRING Neither party shall solicit, recruit, hire, or otherwise pay any employee or contractor of the other party during the Term of this Agreement and for twelve (12) months following termination of this Agreement. Each party acknowledges that injury resulting from any breach of this provision would be significant and irreparable and that it would be extremely difficult to ascertain the actual amount of damages resulting from such breach. Therefore, in the event of a violation of this provision, in addition to any other right the non-hiring party may have at law or in equity, the hiring party shall make a one-time payment to the non-hiring party in the amount of one hundred percent (100%) of the affected employee's or contractor’s payments from the non-hiring party for the preceding one year, which accurately reflects the reasonable value of the employee’s time and costs. The parties agree that such amount is not intended as a penalty and is reasonably calculated based upon the projected costs the injured party would incur to identify, recruit, hire, and train suitable replacements for such personnel.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES GAF PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO LSG, LSG LEADS, LSG DATA, GOOGLE, OR THE LICENSED MATERIALS INTEGRATOR. THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO LSG, LSG LEADS, LSG DATA, GOOGLE AND OR PARTS THEREOF WHETHER THE INTEGRATOR, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT LSG, WITHOUT LIMITING LSG LEADS, OR THE GENERALITY OF SERVICES PROVIDED BY GOOGLE OR THE FOREGOINGINTEGRATOR WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, ST MAKES NO REPRESENTATION THAT ERRORS IN LSG OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND LSG LEADS CAN OR PARTS THEREOF WILL BE UNINTERRUPTED CORRECTED, OR ERROR FREETHAT LSG LEADS, OR INFORMATION OTHERWISE DERIVED FROM YOUR USE OF LSG LEADS, WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON YOUR USE OF LSG, LSG LEADS AND OTHER LSG DATA. INFORMATION TRANSMITTED OVER, AND OR (II) STORED IN SYSTEMS CONNECTED TO, THE INTERNET IS INHERENTLY INSECURE, AND THE GAF PARTIES DO NOT MAKE ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS THE INFORMATION YOU PROVIDE TO US, GOOGLE, OR THE INTEGRATOR IN CONNECTION WITH THIS AGREEMENT. THE GAF PARTIES DO NOT MAKE ANY WARRANTY THAT OUR SYSTEMS OR THE SYSTEMS OF GOOGLE OR THE INTEGRATOR WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESNO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. CONSEQUENTLYNO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY FOR ANY LOSS CAUSED BY, ST DISCLAIMS ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RESULTING TO YOUR MOBILE DEVICE OR NETWORK. WITHOUT LIMITING THE FOREGOING, NO GAF PARTY WILL HAVE ANY LIABILITY TO YOU IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY RELATION TO LSG, LSG LEADS, GOOGLE, OR FOR YOU AND BY OR FOR YOUR CUSTOMERSTHE INTEGRATOR. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO FACILITATE YOUR PARTICIPATION IN LSG.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OR PROHIBITED BY APPLICABLE LAW, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE GAF PROPERTY IS PROVIDED “AS IS”” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO YOUR USE, AND THE PERFORMANCE, OF THEM IS WITH YOU. ST MAKES SHOULD THE GAF PROPERTY PROVE DEFECTIVE, NO REPRESENTATIONS GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY FOR THEIR SERVICING AND/OR REPAIR. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAF PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER GAF PROPERTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLYTHE GAF PARTIES DO NOT WARRANT THAT THE GAF PROPERTY WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, WITHOUT LIMITING THE GENERALITY THAT THEIR OPERATION OR YOUR USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF THEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN THEM CAN OR WILL BE CORRECTED, OR THAT DATA AND CONTENT PRESENTED BY THEM, OR (II) OTHERWISE DERIVED FROM YOUR USE OF THEM, OR CONTAINED OR MADE AVAILABLE WITHIN THEM WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS YOU MAKE BASED ON YOUR ACCESS TO, RECEIPT OF, AND USE AND DISTRIBUTION OF THE LICENSED MATERIALS GAF PROPERTY, INCLUDING, WITHOUT, LIMITATION, YOUR PARTICIPATION IN THE PROGRAM AND ANY INFORMATION OR PARTS THEREOFCONTENT YOU HAVE ACCESS TO OR RECEIVE IN CONNECTION THEREWITH. INFORMATION TRANSMITTED OVER THE INTERNET OR STORED ON SYSTEMS REACHABLE FROM THE INTERNET IS INHERENTLY INSECURE, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF AND THE GAF PARTIES DO NOT MAKE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WARRANTY WITH RESPECT TO THE ACQUISITION SECURITY OF LICENSES UNDER PATENTS THE GAF PROPERTY OR THE INFORMATION OR CONTENT TRANSMITTED TO OR BY THEM, WHETHER SUCH INFORMATION OR CONTENT IS TRANSMITTED TO YOUR MOBILE DEVICE OR NETWORK, OR OTHERWISE. THE GAF PARTIES DO NOT MAKE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OR USABILITY OF ANY SECURITY MEASURES FOR THE GAF PROPERTY OR THAT THEY WILL BE FREE FROM VIRUSES, HARMFUL CODE, OR ANY OTHER UNAUTHORIZED ACCESS, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS NO GAF PARTY WILL HAVE ANY RESPONSIBILITY OR LIABILITY IN CASE CONNECTION WITH ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSUNAUTHORIZED ACCESS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NO GAF PARTY SHALL HAVE RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY LOSS CAUSED BY, ARISING DIRECTLY OR FOR YOU AND BY INDIRECTLY OUT OF, OR FOR RESULTING TO YOUR CUSTOMERSMOBILE DEVICE OR NETWORK. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAF TO GRANT THE RIGHTS CONTAINED IN THIS LLA AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWTO PROVIDE YOU WITH ACCESS TO AND USE OF THE GAF PROPERTY (INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN THE PROGRAM).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 16.5, 16.8 and 16.9, BAYLOR MAKES NO WARRANTIES OR REPRESENTATIONS, AND HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, RELATED TO THIS AGREEMENT AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS PERFORMANCE OR ACTIVITY HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY OR WORKMANSHIP, REGARDING OR WITH RESPECT TO THE LICENSED MATERIALS TECHNOLOGY, PATENT RIGHTS OR LICENSED PRODUCTS AND BAYLOR MAKES NO WARRANTIES OR PARTS THEREOF WHETHER REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION PATENTABILITY OF THE LICENSED MATERIALS AND TECHNOLOGY, LICENSED PRODUCTS, PATENT RIGHTS OR PARTS THEREOF WILL BE UNINTERRUPTED LICENSED PRODUCTS OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE ENFORCEABILITY OF ANY PATENTS ISSUING THEREUPON, IF ANY, OR THAT THE LICENSED MATERIALS AND TECHNOLOGY, PATENT RIGHTS OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT LICENSED PRODUCTS ARE OR NOT, ARE SHALL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYNOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ST DISCLAIMS ESTOPPEL OR OTHERWISE ANY LIABILITY IN CASE LICENSE OR RIGHTS UNDER ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES PATENTS OF BAYLOR OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES PATENT RIGHTS, REGARDLESS OF WHETHER SUCH PATENTS ARE MADE BY ST DOMINANT OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSUBORDINATE TO THE PATENT RIGHTS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE LICENSED MATERIALS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, REDCRITTER HEREBY DISCLAIMS ALL WARRANTIES AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDCONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TOALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED WARRANTIES OF MERCHANTABILITY AND OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING YOU EXPRRESSLY UNDERSTAND AND AGREE THAT THE GENERALITY SERVICES PROVIDED BY REDCRITTER UNDER THE TOU ARE PROVIDED ON AN “AS IS” BASIS. REDCRITTER DOES NOT AND CANNOT CONTROL PERFORMANCE OF REDCRITTER SERVICES BASED ON THE FLOW OF DATA TO OR FROM REDCRITTER’S NETWORK AND OTHER PORTIONS OF THE FOREGOINGINTERNET, ST MAKES NO REPRESENTATION WHICH DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF CONTROLLED BY THIRD PARTIES. CONSEQUENTLYAT TIMES, ST ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). REDCRITTER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, REDCRITTER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. FOR YOUR CONVENIENCE, REDCRITTER MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN CASE ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. REDCRITTER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH USE TOOLS AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSUTILITIES. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.PLEASE RESPECT THE

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYFURTHER, WITHOUT LIMITING LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE GENERALITY USE, OR THE RESULTS OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR PARTS THEREOF WILL BE UNINTERRUPTED OTHERWISE. NO ORAL OR ERROR FREEWRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR (II) ANY ADVICE. FURTHER, THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AND DISTRIBUTION OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED MATERIALS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND ITS LICENSOR SPECIFICALLY DISCLAIM ANY EXPRESS OR PARTS THEREOFIMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTlimitations on how long an implied warranty may last, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYor the exclusion or limitation of incidental, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWconsequential, or special damages: (A) each warranty which cannot be excluded is limited in time to sixty (60) days from the date of Delivery; and (B) Licensor's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 14 (Limitation on Liability).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SOFTWARE AND SERVICE AND ANY AND ALL PARTS THEREOF THIRD PARTY SOFTWARE OR SERVICE ARE PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. ST MAKES NO REPRESENTATIONS SYMANTEC AND ITS LICENSORS PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE REGARDING THE GENERALITY SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE FOREGOINGSERVICE, ST MAKES NO REPRESENTATION INCLUDING THOSE ARISING FROM COURSE OF DEALING OR WARRANTY COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. SYMANTEC AND ITS LICENSORS DO NOT WARRANT THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SERVICE OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION GIVEN BY SYMANTEC, ITS LICENSORS, AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THIS AGREEMENT OR CREATE ANY WARRANTY. SYMANTEC 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. SYMANTEC TECHNICAL SUPPORT IS NOT WARRANTED AND OR (II) ANY USE IS USED AT YOUR OWN RISK. SYMANTEC AND DISTRIBUTION OF ITS LICENSORS MAKE NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSSERVICE. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS EXTENT THAT ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES LIMITATION IN THIS LLA AND THAT NO WARRANTIES ARE MADE SECTION IS NOT PERMITTED BY ST OR GRANTED BY LAW WHENEVER APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT IT IS PERMITTED BARRED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY SERVICE OF WRITECALIBER WEBSITE AND ALL PARTS THEREOF MATERIALS CONTAINED THEREIN ARE PROVIDED “ON AN ‘AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NON-INFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE OR ANY OF THE FOREGOING, ST MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS WEBSITE OR THE EMPLOYEES OR AFFILIATES OF THIS WEBSITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS WEBSITE. THIS WEBSITE MAKES NO REPRESENTATION REPRESENTATIONS OR WARRANTY WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. WHEN YOU ACCESS THROUGH THIS WEBSITE TO ANOTHER WEBSITE, PLEASE BE AWARE THAT (I) IT IS COMPLETELY INDEPENDENT; THIS WEBSITE HAS NO CONTROL OVER THE USE AND DISTRIBUTION CONTENT ON THAT OTHER WEBSITE. THIS WEBSITE IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF THE LICENSED MATERIALS AND DOWNLOADED OR PARTS THEREOF OTHERWISE USED CONTENT OF THIS WEBSITE OR ANY FORM OF WEBSITE DOWNTIME. THIS WEBSITE DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ERROR-FREE OR THAT DEFECTS IN OR ON THIS WEBSITE WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL AGREE THAT YOU WILL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER SOLELY RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA WHICH YOU AND BY MAY FIND IN OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWWEBSITE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE XXXXXXXXX.XXX SEAL IS PROVIDED ON AN “AS IS”. ST MAKES NO , “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT WARRANTIES. XXXXXXXXX.XXX DOES NOT REPRESENT OR WARRANT THAT THE SEAL WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. XXXXXXXXX.XXX DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE LICENSED MATERIALS RESULTS THAT MAY BE OBTAINED FROM YOUR USE OR YOUR CUSTOMER’S USE OF THE SEAL OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION THEREOF. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SEAL DOES NOT IN ANY WAY, SHAPE OR PARTS THEREOF FORM GUARANTY THE SECURITY OR RELIABILITY OF YOUR WEBSITE. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SEAL BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. XXXXXXXXX.XXX SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGNON-INFRINGEMENT, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY TITLE WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSSEAL. YOU ACKNOWLEDGE UNDERSTAND AND AGREE THAT YOU HAVE RELIED ON XXXXXXXXX.XXX SHALL BEAR NO WARRANTIES OTHER THAN RISK WITH RESPECT TO YOUR SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST SECURITY OF YOUR WEBSITE, CREDIT CARD FRAUD OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWCHARGEBACKS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT CLIENT ASSUMES FULL RESPONSIBILITY FOR USE OF THE LICENSED SERVICE AND USES THE SAME AT ITS OWN RISK. ADVANTAGE EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND ADVANTAGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SERVICE, ADVANTAGE EQUIPMENT, EQUIPMENT, AND ADVANTAGE MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ,” WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYNO ADVICE OR INFORMATION GIVEN BY ADVANTAGE, WITHOUT LIMITING ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. ADVANTAGE DOES NOT REPRESENT OR WARRANT THAT THE GENERALITY OF THE FOREGOINGSERVICE WILL MEET CLIENT’S REQUIREMENTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED OR UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OR LOSS OF CONTENT, DATA OR INFORMATION AT ANY TIME. ADVANTAGE DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY ADVANTAGE WILL PERFORM AT A PARTICULAR SPEED. IN ADDITION, CLIENT ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS MAY NOT BE SECURE. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR (II) ANY TRAFFIC CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SERVICE IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER AN END USER’S COMPUTER SYSTEM OR EQUIPMENT OR NOTLOSS OF SUCH DATA, ARE FREE FROM INFRINGEMENT MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CLIENT’S OR ITS END USERS USE OF ANY THE SERVICE INCLUDING, BUT NOT LIMITED TO CLIENT’S OR END USER’S SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CLIENT ACKNOWLEDGES AND AGREES THAT ADVANTAGE’S THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CLIENT UNDER THIS AGREEMENT AND ADVANTAGE DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSERVICE PROVIDERS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED You expressly acknowledge and agree that use of AVImark is at your sole risk. AVImark and related documentation are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” and without warranty of any kind, and HSVS and HSVS’s Licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED THE IMPLED WARRANTIES OF MERCHANTABILITY OR MERCHATABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYHSVS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN AVImark WILL MEET YOUR REQUIREMENTS, WITHOUT LIMITING OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF AVImark WILL BE UNINTERRUPTED OR ERROR FREEFREE FURTHERMORE, AND HSVS DOES NOT WARRANT OR (II) MAKE ANY REPRESENTATIONS REGARDING THE USE AND DISTRIBUTION OR THE RESULTS OF THE LICENSED MATERIALS AND USE OF AVImark OR PARTS THEREOFRELATED DOCUMENTATION IN TERMS OF THEIR CORRECTIONS, WHETHER INTEGRATED INTO OTHER EQUIPMENT ACCURACY, RELIABILITY, OR NOTOTHERWISE NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HSVS OR AN AUTHORIZED REPRESETNATIVE OF HSVS SHALL CREATE A WARRANTY. Some jurisdictions do not allow the exclusion of implied warranties, ARE FREE FROM INFRINGEMENT so the above exclusion may not apply to you. LIMITATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HSVS BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER LIABLE FOR ANY DEVELOPMENT CREATED BY DIRECT OR FOR YOU AND BY INDIRECT, INCIDENTAL, SPECIAL OR FOR YOUR CUSTOMERSCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE, OR INABILITY TO USE AVImark OR RLEATED DOCUMENTATION, EVEN IF HSVS OR AN AUTHORIZED REPRESETNATIVE OF HSVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSome jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING BUT NOT LIMITED TOREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. SPECIFICALLY, WITHOUT LIMITING TO THE GENERALITY EXTENT THAT ANY OF THE FOREGOINGSAME CANNOT BE EXCLUDED, ST MAKES NO SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE “LIMITED WARRANTY” SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. DISCLAIMER OF LIABILITIES – LIMITATION OF LIABILITY. IF YOU ACQUIRED THE SOFTWARE IN THE UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CARIBBEAN, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO CISCO FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE AGREEMENT SHALL LIMIT (I) THE USE LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND DISTRIBUTION OF THE LICENSED MATERIALS AND LICENSORS TO CUSTOMER FOR PERSONAL INJURY OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEDEATH CAUSED BY THEIR NEGLIGENCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND CISCO’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS (III) ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY OF CISCO WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT WITH THE LICENSED MATERIALS EXCEPTION OF THE SERVICE LEVEL COMMITMENT SET FORTH IN SECTION 2.4, THE SERVICES UNDER THESE TERMS AND ANY AND ALL PARTS THEREOF CONDITIONS ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED,” EXCLUSIVE OF ANY WARRANTY, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED. SPECIFICALLY, PROVIDER DOES NOT WARRANT THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR MEET ALL CUSTOMER REQUIREMENTS. WITHOUT LIMITING THE GENERALITY FOREGOING, SERVICES MAY BE SUBJECT TO LIMITATIONS OF THE FOREGOINGTELECOMMUNICATIONS PROVIDER, ST MAKES NO REPRESENTATION HOSTING ENVIRONMENT, DELAYS, INTERNET SERVICE PROVIDER, THIRD PARTIES, ACTIONS OR WARRANTY THAT (I) INACTIONS OF THE CUSTOMER, AND OTHER PROBLEMS INHERENT TO THE USE OF MASS- MARKET NOTIFICATION SERVICES AND DISTRIBUTION ELECTRONIC COMMUNICATIONS. PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DELETIONS, LOSS OF DATA, DATA CORRUPTION, THIRD-PARTY PUBLICATION, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS NOT CAUSED BY PROVIDER OR OUTSIDE OF PROVIDER’S REASONABLE CONTROL. TO THE LICENSED MATERIALS EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND OR PARTS THEREOF DURATION OF ANY APPLICABLE WARRANTY WILL BE UNINTERRUPTED THE MINIMUM PERMITTED UNDER SUCH LAW. PROVIDER SHALL NOT BE LIABILE AND WILL HAVE NO OBLIGATION TO INDEMNIFY CUSTOMER FOR END USER DATA OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY PERSONALLY IDENTIFIABLE INFORMATION SENT TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWPROVIDER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT FEDEX AND ITS REPRESENTATIVES ( AS DEFINED IN SECTION 8 BELOW) ARE NEITHER PROVIDING ANY SUPPLIES OR TOOLS NECESSARY TO USE THE LICENSED MATERIALS PRODUCT NOR CHARGING LICENSEE A FEE FOR USE OF THE PRODUCT OR FOR PROVIDING THE LIMITED SUPPORT SERVICES, IF ANY. THE PRODUCT AND ANY AND ALL PARTS THEREOF LIMITED SUPPORT SERVICES ARE PROVIDED “AS AS-IS”” WITHOUT REPRESENTATION OR WARRANTY OF KIND. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS EXTENT PERMITTED BY APPLICABLE LAW, FEDEX, AND OR PARTS THEREOF WHETHER EXPRESS ITS REPRESENTATIVES (AS DEFINED IN SECTION 8 BELOW), DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT. SPECIFICALLY, WITHOUT LIMITING FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE GENERALITY PRODUCT WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCT’S OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREEFREE OR THAT ANY DEFECT WITHIN THE PRODUCT WILL BE CORRECTED. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE LIMITED SUPPORT SERVICES WILL MEET ANY OR ALL OF LICENSEE’S REQUIREMENTS OR THAT IT WILL CORRECT ANY DEFECT WITHIN THE PRODUCT. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE PRODUCT, LIMITED SUPPORT SERVICES OR ANY OTHER RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. FEDEX AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE PRODUCT. FURTHERMORE, FEDEX AND ITS REPRESENTATIVES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF LICENSEE’S INSTALLATION OR USE OF THE PRODUCT OR THE LIMITED SUPPORT SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX ITS REPRESENTATIVES OR AN AUTHORIZED REPRESENTATIVE OF EITHER WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE APPLICATION. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE AND IN SUCH EVENT, THE PERIOD OF SUCH WARRANTY WILL BE THE MINIMUM PERIOD ALLOWABLE BY APPLICABLE LAW. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, AND OR (II) ANY USE LICENSEE MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM JURISDICTION TO JURISDICTION AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY COUNTRY/TERRITORY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWCOUNTRY/TERRITORY.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYFURTHER, WITHOUT LIMITING LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE GENERALITY USE, OR THE RESULTS OF THE FOREGOINGUSE, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. FURTHER, THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND DISTRIBUTION INFRINGE ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AND LIABILITY WHATSOEVER OF FITNESS FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWHIGH RISK ACTIVITIES.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS WALNUT AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES ITS AFFILIATES MAKE NO REPRESENTATIONS COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. WALNUT AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSERVICES, INCLUDING BUT NOT LIMITED TOANY WARRANTY REGARDING NON- INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYWALNUT AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, WITHOUT LIMITING INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE GENERALITY RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES. LIMITATION OF LIABILITY. WALNUT AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE FOREGOINGSERVICES. IN PARTICULAR, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS BUT NOT AS A LIMITATION THEREOF, WALNUT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER INTEGRATED INTO OTHER EQUIPMENT BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR NOT, OTHERWISE; NOR ARE FREE FROM INFRINGEMENT OF WALNUT AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IT NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESCREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. CONSEQUENTLY, ST DISCLAIMS NEITHER WALNUT NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY FAILURE OR FOR YOU AND BY OR FOR YOUR CUSTOMERSDELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWStatute of Limitations. You and Walnut both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred. No Third-Party Beneficiaries. This Agreement is between you and Walnut. No user has any rights to force Walnut to enforce any rights it may have against you or any other user.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THIS PA IS MADE WITHOUT ANY WARRANTY OF TITLE. CHEVRON FURTHER DOES NOT WARRANT EITHER EXPRESS, STATUTORY OR IMPLIED, AS TO TITLE, MERCHANTABILITY, Ridgewood North Jaguar PA November 1, 2006 CONDITION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE LICENSED MATERIALS AND ANY LEASE IN THE CONTRACT AREA, AND ALL PARTS THEREOF ARE PROVIDED “OTHER PROPERTY COVERED BY THIS PA, INCLUDING, BUT NOT LIMITED TO THE WELL BORES, EQUIPMENT AND FACILITIES UTILIZED BY THE PARTIES HEREUNDER, OR ANY OTHER SORT OF WARRANTY AND IS WITHOUT RECOURSE AGAINST CHEVRON WHATSOEVER, EVEN AS IS”TO THE RETURN OF CONSIDERATION. ST CHEVRON MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING RIDGEWOOD'S RIGHT OF INGRESS TO AND EGRESS FROM THE CHEVRON LEASX XXXXXX ADJACENT OR ADJOINING LANDS. CHEVRON SPECIFICALLY DISCLAIMS, AND RIDGEWOOD EXPRESSLY WAIVES ANY IMPLIED WARRANTY OF TITLE WITH RESPECT TO THE LICENSED MATERIALS LEASE IN THE CONTRACT AREA EXCEPT FOR THE ACTS BY, THROUGH AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDUNDER CHEVRON, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OTHERWISE. RIDGEWOOD ACKNOWLEDGES THAT THIS EXPRESS WAIVER SHALL BE CONSIDEXXX X XXXERIAL AND INTEGRAL PART OF MERCHANTABILITY THIS PA AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY PART OF THE FOREGOINGCONSIDERATION GIVEN THEREFOR. RIDGEWOOD FURTHER ACKNOWLEDGES THAT THIS WAIVER HAS BEEN SPECIFICALLY XXXUGHT TO RIDGEWOOD'S ATTENTION AND THAT RIDGEWOOD HAVE VOLUNTARILY AND KNXXXXXXX XONSENTED TO THIS WAIVEX. XXX XXRTIES AGREE THAT FOR THE PURPOSES OF THIS WAIVER OF THE IMPLIED WARRANTY OF TITLE, ST MAKES NO REPRESENTATION OR WARRANTY CHEVRON AND THEIR AFFILIATES SHALL BE CONSIDERED AS THE SELLER. RIDGEWOOD ACKNOWLEDGES THAT (Ii) IT IS A SOPHISTICATED INVESTOR AND OPERATOR IN THE USE OIL AND DISTRIBUTION GAS BUSINESS; (ii) IT UNDERSTANDS THE RISKS INVOLVED IN OIL AND GAS EXPLORATION AND DEVELOPMENT; AND (iii) IT UNDERSTANDS THAT UNDER ITS PARTICIPATION RIDGEWOOD ASSUMES ALL OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT RISKS ATTENDANT TO THE ACQUISITION OF LICENSES EXPLORATION AND PRODUCTION OPERATIONS CONTEMPLATED UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYRidgewood North Jaguar PA November 1, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN 2006 THIS LLA PA AND THAT NO WARRANTIES ARE THE RIDGEWOOD INVESTMENT MADE BY ST OR GRANTED BY LAW WHENEVER IT HEREUNDER IN THOSE OPERATIONS CONDUCTED UNDER THIS PA IS PERMITTED BY LAW.FULLY AT RISK. Please indicate your agreement to the terms and conditions as set forth in this PA by executing two originals of this PA in the space provided and returning one executed original on or before November 22, 2006. AGREED TO AND ACCEPTED this 15th day of November, 2006 Chevron U.S.A. Inc.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION 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 LICENSED MATERIALS APPLICATION AND ANY AND ALL PARTS THEREOF SERVICES PROVIDED BY LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ST MAKES NO REPRESENTATIONS OR , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UFCU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION UFCU DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED MATERIALS AND APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR PARTS THEREOF THE SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR FREEMEET YOUR REQUIREMENTS, AND OR (II) ANY USE AND DISTRIBUTION THAT THE OPERATION OF THE LICENSED MATERIALS AND APPLICATION OR PARTS THEREOFSERVICES WILL BE UNINTERRUPTEDOR ERROR-FREE, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTTHAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, ARE FREE FROM INFRINGEMENT YOU ASSUME THE ENTIRE COST OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSALL NECESSARY SERVICING, REPAIR OR CORRECTION. IT SHALL SOME JURISDICTIONS MAY NOT ALLOW (OR LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT ENFORCE TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS MAXIMUM EXTENT PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, THE LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS-IS” WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED MATERIALS SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, THAT OPERATION WILL BE UNINTERRUPTED, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND ANY AND TO THE EXTENT PERMITTED BY LAW, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR OTHER WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE ARE EXPRESSLY DISCLAIMED BY LICENSOR AND ITS THIRD-PARTY SUPPLIERS AND AFFILIATES. SPECIFICALLY, WITHOUT LIMITING LICENSEE ACKNOWLEDGES THAT LICENSEE IS RESPONSIBLE FOR THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION SELECTION OF THE LICENSED MATERIALS SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION AND/OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEUSE OF, AND OR (II) ANY USE AND DISTRIBUTION OF RESULTS OBTAINED FROM, THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSOFTWARE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS”,” WITH “ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ST MAKES EXCEPT AS OTHERWISE STATED IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY, NO REPRESENTATIONS WARRANTY WHATSOEVER, EXPRESS OR WARRANTIES IMPLIED, IS GIVEN WITH RESPECT TO GOODS OR SERVICES DEPICTED, SHOWN OR DESCRIBED ON THIS WEBSITE OR WITH ANY WEBSITE CONTENT. INFORMATION REGARDING THE LICENSED MATERIALS COMPANY’S PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS, ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION OR PARTS THEREOF WHETHER WARRANTY OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON- INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. SPECIFICALLYTHE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, WITHOUT LIMITING VALIDITY, ACCURACY OR RELIABILITY OF, OR THE GENERALITY RESULTS OF THE FOREGOINGUSE OF, ST MAKES NO REPRESENTATION OR WARRANTY THAT OTHERWISE RESPECTING, THE WEBSITE, WEBSITE CONTENT OR ANY SITES LINKED TO THIS WEBSITE. EQUITABLE RELIEF You acknowledge and agree that breach of these Terms and Conditions will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, the Company shall be entitled to injunctive and other appropriate equitable relief from any court of competent jurisdiction (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEwithout the necessity of proving actual damages or of posting a bond), AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFin addition to whatever remedies it may have at law, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWunder these Terms and Conditions or otherwise.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, US AIRWAYS TRANSFERS AND DELTA TAKES THE LICENSED MATERIALS US AIRWAYS TRANSFERRED ASSETS, INCLUDING US AIRWAYS LAGUARDIA TANGIBLE PERSONAL PROPERTY “AS-IS,” “WHERE-IS.” EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN ARTICLE V OR IN THE ANCILLARY DOCUMENTS, US AIRWAYS DOES NOT MAKE, HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE, AND HEREBY EXPRESSLY DISCLAIMS AND WILL BE DEEMED TO HAVE EXPRESSLY DISCLAIMED, ANY AND ALL PARTS THEREOF ARE PROVIDED “REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS IS”. ST MAKES NO REPRESENTATIONS TO THE TITLE, WORKMANSHIP, CONDITION, DESIGN, OPERATION, MERCHANTABILITY OR WARRANTIES FITNESS FOR USE FOR A PARTICULAR PURPOSE OF THE US AIRWAYS TRANSFERRED ASSETS, INCLUDING US AIRWAYS LAGUARDIA TANGIBLE PERSONAL PROPERTY, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS AND US AIRWAYS TRANSFERRED ASSETS OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWOTHERWISE.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT XXXXX PROVIDES, AND PARTICIPATING PARTY ACCEPTS, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “TSP SOFTWARE ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES NO REPRESENTATIONS XXXXX DOES NOT REPRESENT, WARRANT OR WARRANTIES WITH RESPECT GUARANTEE THAT ACCESS TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY USE OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT TSP SOFTWARE: (IA) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR EQUIPMENT OR EQUIPMENT AVAILABLE FOR USE. RYDER FUNCTIONS AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE PARTICIPATING PARTIES WHO MAY REQUEST OR RECEIVE SERVICES, AND XXXXX DOES NOT SCREEN OR (II) ANY USE OTHERWISE EVALUATE CUSTOMERS BY USING THE TSP SOFTWARE BEYOND BASIC INSURANCE AND DISTRIBUTION OF THE LICENSED MATERIALS AUTHORITY INFORMATION. PARTICIPATING PARTY ACKNOWLEDGES AND AGREES THAT IT MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER RISK TO PARTICIPATING PARTY’S EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY OTHER THIRD PARTIES. PARTICIPATING PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY IS ADVISED TO MAKE SUCH DETERMINATION AS NECESSARY TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE ACQUISITION USE OF LICENSES UNDER PATENTS THE TSP SOFTWARE. NOTWITHSTANDING XXXXX’X LIMITED ROLE, XXXXX EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF PARTICIPATING PARTY, ANY CUSTOMER OR OTHER THIRD PARTY. XXXXX DOES NOT GUARANTEE THE AVAILABILITY OF THE TSP SOFTWARE. PARTICIPATING PARTY ACKNOWLEDGES AND AGREES THAT THE TSP SOFTWARE MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE TSP SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER INTELLECTUAL PROPERTY RIGHTS PROBLEMS INHERENT IN THE USE OF THIRD PARTIES. CONSEQUENTLYTHE INTERNET AND ELECTRONIC COMMUNICATIONS, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER XXXXX IS NOT RESPONSIBLE FOR ANY DEVELOPMENT CREATED BY DELAYS, DELIVERY FAILURES, OR FOR YOU AND BY OTHER DAMAGES, LIABILITIES OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE LOSSES THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWMAY RESULT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AGREE THAT YOUR USE OF THE LICENSED MATERIALS AND ANY SERVICE AND ALL PARTS THEREOF ARE INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS”” AND “AS AVAILABLE” BASIS. ST NEITHER THE BANK NOR ANY THIRD PARTY SERVICE PROVIDER MAKES NO REPRESENTATIONS ANY EXPRESS OR WARRANTIES WITH RESPECT IMPLIED WARRANTY AS TO THE LICENSED MATERIALS AND MERCHANTABILITY OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, QUALITY, ACCURACY, OR SUITABILITY OF THE SERVICE, AND NEITHER THE BANK NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY OTHER WARRANTY WITH RESPECT TO THE SERVICE EXCEPT THOSE WARRANTIES, PROMISES, COMMITMENTS, GUARANTEES, OR REPRESENTATIONS SPECIFICALLY STATED IN THIS AGREEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION THE BANK EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR WARRANTY THAT (I) THE USE AND DISTRIBUTION FUNCTIONALITY OF THE LICENSED MATERIALS AND SERVICE, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND TELECOMMUNICATION LINES OR (II) ANY USE AND DISTRIBUTION CIRCUITS. YOU HEREBY ASSUME ALL OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSFOREGOING RISKS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND AGREE THAT NO WARRANTIES ARE MADE BY ST ORAL OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWWRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSED DRC, THE MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES OFFERED THROUGH THE DRC ARE PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND AND THAT ANY USE OF THE DRC, THE MATERIALS OR ANY SERVICES PROVIDED THROUGH THE DRC BY YOU AND, IF APPLICABLE, YOUR AFFILIATES, IS AT YOUR SOLE RISK. ST MAKES NO FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS OR WARRANTIES WITH RESPECT COMMENCING ON THE DAY YOU ARE ALLOWED TO ACCESS THE LICENSED DRC AND THE MATERIALS AND OR PARTS THEREOF FOR ALL OTHER TIMES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, ANY IMPLIED REPRESENTATIONS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY FEDEX DOES NOT WARRANT THAT (IA) THE USE AND DISTRIBUTION DRC OR THE MATERIALS WILL MEET ALL OR ANY OF THE LICENSED MATERIALS AND OR PARTS THEREOF YOUR REQUIREMENTS; (B) THAT THEIR OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE; (C) THAT ANY DEFECT WITHIN THE DRC, THE MATERIALS OR ANY SERVICES OFFERED THROUGH THE DRC WILL BE CORRECTED; OR (D) THAT ITS SYSTEMS WILL NEVER BE INFILTRATED BY HACKERS OR OTHER UNAUTHORIZED USERS. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF THE DRC OR THE MATERIALS IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY. Section 13. Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE THAT FEDEX IS PROVIDING THE DRC AND THE MATERIALS FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FEDEX OR ITS PARENT CORPORATION, ANY OF ITS AFFILIATES, BRANCHES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE INSTALLATION OR REMOVAL OF DRC OR THE MATERIALS, OR YOUR USE, OR INABILITY TO USE, THE DRC AND THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF FEDEX, OR (II) ANY USE AND DISTRIBUTION AN AUTHORIZED REPRESENTATIVE OF FEDEX, HAS BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE AGGREGATE LIABILITY OF FEDEX UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY YOU MAY HAVE ADDITIONAL RIGHTS. IT WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, YOU AGREE THAT THE LIABILITY OF FEDEX SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION MAXIMUM AMOUNT OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWFIFTY DOLLARS ($50.00).

DISCLAIMER OF WARRANTY. THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU ACKNOWLEDGE THAT BEAR ALL RISK OF USING IT. THE LICENSED MATERIALS APP PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ANY ITS AND ALL PARTS THEREOF ARE PROVIDED THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“AS ISDISTRIBUTORS”. ST MAKES ), GIVES NO REPRESENTATIONS EXPRESS WARRANTIES, GUARANTEES, OR WARRANTIES WITH RESPECT CONDITIONS UNDER OR IN RELATION TO THE LICENSED MATERIALS AND APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDCONDITIONS, INCLUDING BUT NOT LIMITED TOTHOSE OF MERCHANTABILITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY LIMITATION ON AND EXCLUSION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE REMEDIES AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSDAMAGES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYEXTENT NOT PROHIBITED BY LAW, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER YOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSTHE APP. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES AGREE NOT TO SEEK TO RECOVER ANY OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR. This limitation applies to • anything related to the App, services made available through the App, or content (including code) on third party Internet sites; and • claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if • repair, replacement, or a refund for the App does not fully compensate you for any losses; or

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT Although Licensor has tested the software and reviewed the documentation, THE LICENSED MATERIALS SOFTWARE IS FURNISHED BY LICENSOR AND ANY AND ALL PARTS THEREOF ARE PROVIDED “ACCEPTED BY LICENSEE "AS IS”," WITHOUT ANY WARRANTY WHATSOEVER. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION ALL WARRANTIES, EXPRESS OR WARRANTY IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY LICENSOR AND ITS SUPPLIERS. LICENSOR DOES NOT WARRANT THAT (I) THE USE AND DISTRIBUTION LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, . THE ENTIRE RISK AS TO THE QUALITY AND OR (II) ANY USE AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS AND SOFTWARE IS WITH LICENSEE. Some states do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. LIMITATION OF LICENSOR LIABILITY IN NO EVENT WILL LICENSOR OR PARTS THEREOFITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY LOST PROFITS, WHETHER INTEGRATED INTO LOST SAVINGS, LOST DATA, OR OTHER EQUIPMENT DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR NOT, ARE FREE FROM INFRINGEMENT INCIDENTAL DAMAGES ARISING OUT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT OR RELATING TO THE ACQUISITION LICENSED SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS THE POSSIBILITY OF THIRD PARTIES. CONSEQUENTLYSUCH LOSS OR DAMAGE; PROVIDED, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE HOWEVER, THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES NOTHING IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST AGREEMENT SHALL OPERATE TO RELIEVE LICENSOR FROM LIABILITY FOR ITS OWN WILLFUL OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWWANTON RECKLESSNESS OR INTENTIONAL TORTS. Limited Warranty If this software is delivered on physical medium and if you discover physical defects in the media, Licensor will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Licensor during the 90-day period after having taken delivery of the software. No Licensor dealer, representative, agent, or employee is authorized to make any modifications or additions to this limited warranty. Proprietary Expression and Information Licensor is the owner of all intellectual property rights in the Licensed Software including all copyrights, trade secrets, patents, and trademarks relating thereto. Those rights include, but are not limited to, all source code, object code, text, graphics, artwork, ideas, procedures, processes, systems, methods of operation, and concepts which are embodied within the Licensed Software and all documentation relating thereto. This license is not a sale of a copy of the Licensed Software and does not render Licensee the owner of a copy of the Licensed Software. Ownership of the Licensed Software and all components and copies thereof shall at all times remain with Licensor, regardless of who may be deemed the owner of the tangible media in or on which the Licensed Software may be copied, encoded or otherwise fixed. Support Services Licensor may provide you with support services related to the Licensed Software ("Support Services"). Use of Support Services is governed by the Licensor policies and programs described in the user manual, in "online" documentation, and/or in other Licensor-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Licensed Software and subject to the terms and conditions of this license agreement. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you. Licensee acknowledges it will provide, at its own expense, software, hardware and support services for its own computer infrastructure, including, but not limited to, operating systems, networking (including Internet), emailing, database and other similar 3rd party software / systems. Licensee also acknowledges that any software support, for Licensed Software, it may contract from Licensor does not include support for such infrastructure components. Solicitation of Employment - - Before Payment is Made for Licensed Software Licensee confirms genuine interest in evaluating and / or using Licensed Software, and agrees not to target, and not to suggest that others target, employees or contractors of Licensor as possible candidates for employment or contract work - - directly or indirectly. Furthermore, Licensee agrees not to knowingly solicit to or actually hire, retain, contract with or engage the employment or services of any current employee or consultant of Licensor, except through Licensor, during the term of this agreement and for a period of twelve (12) months thereafter. Furthermore, Licensee hereby agrees, covenants and warrants that it shall not, during the term of this agreement and for a period of twelve (12) months thereafter, knowingly retain in any manner except through Licensor, either directly or indirectly (including through a 3rd party or consulting firm), the services of any of Licensor's current employees or consultants. Solicitation of Employment - - After Payment is Made for Licensed Software Licensee agrees not to target, and not to suggest that others target, employees or contractors of Licensor as possible candidates for employment or contract work - - directly or indirectly. Furthermore, Licensee agrees not to knowingly solicit to or actually hire, retain, contract with or engage the employment or services of any current or former employee or consultant of Licensor, except through Licensor, during the term of this agreement and for a period of twelve (12) months thereafter. Furthermore, Licensee hereby agrees, covenants and warrants that it shall not, during the term of this agreement and for a period of twelve (12) months thereafter, knowingly retain in any manner except through Licensor, either directly or indirectly (including through a 3rd party or consulting firm), the services of any of Licensor's current or former employees or consultants. Restrictions Upon Duplication, Reverse Engineering and Disclosure Any copy of the Licensed Software made by Licensee must bear the same copyright and other proprietary notices that appear on the copy furnished to Licensee by Licensor. Licensee will not disassemble, decompile, translate or otherwise attempt to "reverse engineer" the Licensed Software, nor shall Licensee permit any other person to do so. Licensee will make reasonable efforts to prevent any unauthorized copying of the Licensed Software or disclosure or use of Licensor's trade secret information, and Licensee will advise Licensee's employees who are permitted access to the Licensed Software of the restrictions upon duplication, reverse engineering, disclosure and use contained in this Agreement. Licensee will be liable for any unauthorized copying, reverse engineering and/or disclosure by Licensee's employees or agents. Only with specific written permission (e.g., a License addendum) from an officer of Licensor may any party other than Licensor produce any derivative work based on the Licensed Software. Otherwise neither Licensee nor any other party may produce any derivative work based on the Licensed Software. Licensee will not use the Licensed Software to create for distribution a product that is generally competitive with Licensors products, including with any of the functionalities of the Licensed Software. Licensee will not use the Licensed Software, or any elements thereof, on a rental or timeshare basis or to operate a service bureau facility for the benefit of third parties. Licensee will not use the Licensed Software, or any elements thereof, to create for distribution a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Licensor. Restriction upon Transfer Licensee will not lease, rent, sell, distribute, pledge, assign, sublicense, loan or otherwise transfer to any third party any part of the Licensed Software or any copy thereof or any of Licensee's rights under this Agreement.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT A. THE LICENSED MATERIALS CBT PROGRAM AND ANY AND ALL PARTS THEREOF CD ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” WITHOUT WAR- RANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ENTIRE RISK AS TO THE RE- SULTS AND PERFORMANCE OF THE FOREGOINGCD, ST MAKES NO REPRESENTATION OR WARRANTY THE COMPUTER-BASED PRO- GRAM AND OTHER MATERIAL THAT (I) THE USE AND DISTRIBUTION IS PART OF THE LICENSED MATERIALS CD IS ASSUMED BY YOU AND MJW CORPORATION AND ITS SUPPLIERS ASSUME NO RESPONSI- BILITY FOR DEFECTS IN THE CD OR PARTS THEREOF THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE CD OR THE CBT. MJW CORPORATION AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CON- TAINED IN THE CBT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CBT OR THE CD WILL BE UNINTERRUPTED OR ERROR ER- ROR-FREE, AND OR (II) THAT ANY DEFECTS IN THE CD OR THE CBT WILL BE COR- RECTED. IN NO EVENT SHALL MJW CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSE- QUENTIAL DAMAGES ARISING OUT OF USE AND DISTRIBUTION OF OR INABILITY TO USE THE CD OR CBT, EVEN IF MJW CORPORATION OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE LICENSED LIKELIHOOD OF SUCH DAMAGES OCCURRING. MJW CORPORATION AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, OR COSTS ARISING OUT OF BUT NOT LIMITED TO: LOST PROF- ITS OR REVENUE; LOSS OF USE OF THE CD OR CBT; LOSS OF DATA OR EQUIPMENT; COST OF RECOVERING SOFTWARE, DATA, MATERIALS AND OR PARTS THEREOFIN THE CD; THE COST OF SUBSTITUTE SOFTWARE, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTDATA, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO MATERIALS IN THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF CBT; CLAIMS BY THIRD PARTIES; OR OTHER SIMILAR COSTS. CONSEQUENTLYSome states do not allow exclusion or imitation of implied warranties or limitation of liability for inci- dental or consequential damages, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWso that the above limitations or exclusions may not apply to you.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED The Software and Cloud Services are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. 5. LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TOTO ANY LOSS, MISAPPROPRIATION, UNAUTHORIZED ACCESS, TAMPERING, MALWARE OR OTHERWISE RELATING TO THE CUSTOMER DATA. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OF MERCHANTABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED AND FITNESS CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING USE IN ANY APPLICATION IN WHICH THE GENERALITY FAILURE OF THE FOREGOINGSOFTWARE OR CLOUD SERVICES COULD LEAD TO PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, ST MAKES NO REPRESENTATION WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR WARRANTY THAT CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (IINCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS CLOUD SERVICES (INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITY, DAMAGES AND LOSSES RELATED TO CUSTOMER DATA) AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR PARTS THEREOFDEATH ASSOCIATED WITH ANY UNINTENDED USE, WHETHER INTEGRATED INTO OTHER EQUIPMENT EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR NOTAN INTEL AFFILIATE, ARE FREE FROM INFRINGEMENT LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE OR PROVISION OF THE CLOUD SERVICES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES6. CONSEQUENTLYCUSTOMER DATA. As between the Parties, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSCustomer Data is and shall remain Your sole property regardless of whether it has been processed by Intel or is in Intel’s possession or control. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSIn no event shall You or Your employees, subcontractors or end users (collectively, “End Users”) transmit credit card or payment information to the Cloud Service at any time. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYou will ensure all collection and transmission of Customer Data, including Personal Information, will comply with all applicable laws and regulations for data protection and privacy, and You will obtain and maintain all necessary notices and consents from End Users to allow: (i) Intel access, monitoring, use and disclosure of this data as required under this Agreement and providing Intel with the ability to do so and (ii) Intel to provide the Cloud Services. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data, and you agree that You are responsible for: (a) maintaining the confidentiality of the password and administration account(s); (b) designating those individuals who are authorized to access the administration account(s); and (c) ensuring that all activities that occur in connection with the administration account(s) by its End Users comply with the Agreement. You agree that Intel’s responsibilities do not extend to the internal management or administration of the Customer Data and that Intel is merely a Data Processor. As a Data Controller, You are responsible for responding to End Users requests. Intel will, to the extent permitted by applicable laws and by the nature of the End Users requests: (a) notify You without undue delay of its receipt of an End User request; (b) comply with Your reasonable requests regarding Your efforts to comply with an End User request; and (c) provide You with the information or tools required for You to respond to the End User request. You will first seek to obtain the information required to respond to the End User request on Your own, and will contact Intel only if You cannot reasonably obtain such information. You hereby grant to Intel and its affiliates an exclusive, worldwide, perpetual, non-transferable, non-sublicensable (except as necessary to enable any third party provider of the Cloud Services), royalty-free, fully paid up license to use Customer Data as necessary for Intel and its affiliates to perform the Cloud Services. In addition, You hereby grant to Intel and its affiliates an exclusive, worldwide, perpetual, non-transferable, non-sublicensable (except as necessary to enable any third party provider of the Cloud Services), royalty-free, fully paid up license to use and compile Intel Data and Customer Data in an aggregated, anonymized form (i.e., not specific to any individual or customer, including You or Your affiliates). When Intel uses subprocessors to process Customer Data, You hereby authorize the engagement of the subprocessors currently used by Intel, including but not limited to Intel affiliates in the United States and elsewhere. You also authorize Intel to engage subprocessors not included among our currently used subprocessors, whether as a replacement for an existing subprocessor or as an additional subprocessor.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS SOFTWARE AND ANY AND ALL PARTS THEREOF DOCUMENTATION ARE PROVIDED “"AS IS”" AND WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES THERE IS NO REPRESENTATIONS WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR WARRANTIES AGAINST INFRINGEMENT WITH RESPECT TO THE LICENSED MATERIALS SOFTWARE AND DOCUMENTATION. THERE IS NO WARRANTY THAT THE SOFTWARE OR PARTS THEREOF WHETHER EXPRESS THE DOCUMENTATION WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR IMPLIEDNEEDS. THERE IS NO IMPLIED WARRANTY OF BENEFIT FOR THE ORDINARY PURPOSES TO WHICH SUCH SOFTWARE OR DOCUMENTATION ARE USED. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. SHOULD THE SOFTWARE OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT ANIMBOT OR ITS AFFILIATES OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, ANIMBOT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS ABILITY TO DETER UNAUTHORIZED ACCESS, ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND ITS PERFORMANCE SOLELY AT YOUR OWN RISK. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR FITNESS OF THE SOFTWARE FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY ANIMBOT'S FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. SPECIFICALLYANIMBOT IS NOT LIABLE FOR DELAYS, WITHOUT LIMITING INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE GENERALITY USE OF THE FOREGOING, ST MAKES NO REPRESENTATION INTERNET AND ELECTRONIC COMMUNICATIONS OR WARRANTY THAT (I) OTHER SYSTEMS OUTSIDE THE USE AND DISTRIBUTION REASONABLE CONTROL OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWANIMBOT.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED BY ZEBRA IS PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR ” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED “AS IS” AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS XXXX APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO LICENSEE. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY LICENSEE FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYFURTHER, WITHOUT LIMITING LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE GENERALITY USE, OR THE RESULTS OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR PARTS THEREOF WILL BE UNINTERRUPTED OTHERWISE. NO ORAL OR ERROR FREEWRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR (II) ANY ADVICE. FURTHER, THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AND DISTRIBUTION OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED MATERIALS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND ITS LICENSOR SPECIFICALLY DISCLAIM ANY EXPRESS OR PARTS THEREOFIMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTlimitations on how long an implied warranty may last, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYor the exclusion or limitation of incidental, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWconsequential, or special damages: (A) each warranty which cannot be excluded is limited in time to sixty (60) days from the date of Delivery; and (B) Licensor's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 15 (Limitation on Liability).

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED The Software and Cloud Services are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. 5. LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TOTO ANY LOSS, MISAPPROPRIATION, UNAUTHORIZED ACCESS, TAMPERING, MALWARE OR OTHERWISE RELATING TO THE CUSTOMER DATA. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OF MERCHANTABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED AND FITNESS CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING USE IN ANY APPLICATION IN WHICH THE GENERALITY FAILURE OF THE FOREGOINGSOFTWARE OR CLOUD SERVICES COULD LEAD TO PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, ST MAKES NO REPRESENTATION WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR WARRANTY THAT CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (IINCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS CLOUD SERVICES (INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITY, DAMAGES AND LOSSES RELATED TO CUSTOMER DATA) AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR PARTS THEREOFDEATH ASSOCIATED WITH ANY UNINTENDED USE, WHETHER INTEGRATED INTO OTHER EQUIPMENT EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR NOTAN INTEL AFFILIATE, ARE FREE FROM INFRINGEMENT LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE OR PROVISION OF THE CLOUD SERVICES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES6. CONSEQUENTLYCUSTOMER DATA. As between the Parties, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSCustomer Data is and shall remain Your sole property regardless of whether it has been processed by Intel or is in Intel’s possession or control. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSIn no event shall You or Your employees, subcontractors or end users (collectively, “End Users”) transmit credit card or payment information to the Cloud Service at any time. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.You will ensure all collection and transmission of Customer Data, including Personal Information, will comply with all applicable laws and regulations for data protection and privacy, and You will obtain and maintain all necessary notices and consents from End Users to allow: (i) Intel access, monitoring, use and disclosure of this data as required under this Agreement and providing Intel with the ability to do so and

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “AS AS-IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER , WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF THE FOREGOING, ST MAKES NO REPRESENTATION DEALING OR WARRANTY THAT (I) THE USE AND DISTRIBUTION COURSE OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEPERFORMANCE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE ACQUISITION SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO USER AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED. THERE IS NO GUARANTY THAT THE SERVICES PROVIDED BY EXCHANGE WILL MEET THE USER’S REQUIREMENTS, BE ERROR FREE, OR OPERATE WITHOUT INTERRUPTION. EXCHANGE GIVES NO WARRANTIES OF LICENSES ANY KIND AS TO THE FITNESS, CAPACITY, OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO EXCHANGE AND SHALL NOT BE HELD LIABLE (UNLESS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT) TO OR THROUGH USER OR OTHERWISE FOR ANY USE OR ABUSE WHATSOEVER OF EXCHANGE BY ANOTHER PERSON HAVING ACCESS TO EXCHANGE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO CONCLUDE TRANSACTIONS OR OBSERVE APPLICABLE MARKET REGULATIONS OR CONVENTIONS OR TO PAY REQUISITE TAXES OR OTHER CHARGES ON ANY TRANSACTIONS OR TO OTHERWISE ACT LAWFULLY. 14. NO LIABILITY FOR TRADES. ABSENT FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT: (i) EXCHANGE IS NOT DIRECTLY OR INDIRECTLY A PARTY TO OR A PARTICIPANT IN ANY TRADE OR TRANSACTION ENTERED INTO OR OTHERWISE CONDUCTED THROUGH EXCHANGE; AND (ii) EXCHANGE IS NOT LIABLE IN ANY MANNER TO ANY PERSON (INCLUDING WITHOUT LIMITATION USER AND ANY PERSON FOR WHOM USER IS AUTHORIZED TO TRADE OR ACT) FOR THE FAILURE OF ANY PERSON ENTERING INTO A TRADE OR TRANSACTION BY MEANS OF EXCHANGE TO PERFORM SUCH PERSON’S SETTLEMENT OR OTHER OBLIGATIONS UNDER PATENTS AND SUCH TRADE OR TRANSACTION. ABSENT FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY EXCHANGE OR A CLAIM ARISING OUT OF EXCHANGE’S INDEMNIFICATION OBLIGATION, NEITHER EXCHANGE, NOR ANY OF ITS AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSSES, DAMAGES, OR OTHER INTELLECTUAL PROPERTY RIGHTS CLAIMS, ARISING OUT OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH EXCHANGE OR ITS USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSLOSSES, DAMAGES, OR OTHER CLAIMS, RELATED TO A FAILURE OF EXCHANGE TO DELIVER, DISPLAY, TRANSMIT, EXECUTE, COMPARE, SUBMIT FOR CLEARING AND SETTLEMENT, OR OTHERWISE PROCESS AN ORDER, MESSAGE, OR OTHER DATA ENTERED INTO, OR CREATED BY, EXCHANGE WILL BE ABSORBED BY THE USER THAT ENTERED THE ORDER, MESSAGE OR OTHER DATA INTO EXCHANGE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND NOTWITHSTANDING THE FOREGOING, EXCHANGE MAY BE LIABLE TO USER TO THE EXTENT SUCH LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY ARISES BASED ON THE [EXCHANGE RULE CURRENTLY NUMBERED 11.14] (LIMITATION OF LIABILITY), AS SUCH RULE MAY BE AMENDED OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWRE-NUMBERED FROM TIME TO TIME.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT FOR THE LICENSED MATERIALS LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE AND ANY AND ALL PARTS THEREOF DOCUMENTATION ARE PROVIDED “AS IS”” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE OR BE ERROR-FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. EXCEPT FOR PANDUIT’S LIMITED OBLIGATION TO PERFORM SUPPORT SERVICES (IF ANY), SHOULD THE SOFTWARE OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT PANDUIT OR ITS AFFILIATES OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, PANDUIT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS ABILITY TO DETER UNAUTHORIZED ACCESS, ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND ITS PERFORMANCE SOLELY AT YOUR OWN RISK. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY QUALITY, COURSE OF THE FOREGOINGDEALINGS, ST MAKES NO REPRESENTATION USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY PANDUIT’S FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, NON-INFRINGEMENT ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSEXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THIS SECTION IS IMPORTANT TO PANDUIT SUCH THAT PANDUIT WOULD NOT ENTER INTO THIS XXXX WITHOUT SUCH DISCLAIMER AND THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWPRICE OF THE SOFTWARE REFLECTS SUCH ALLOCATION OF RISK.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS MAY BE PROVIDED TO THE LICENSED MATERIALS CONTRARY IN A WRITING BY KPS, YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH THE T&C, OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PARTS THEREOF CONTENT, SOFTWARE, DOCUMENTS AND MATERIAL ACCESSIBLE FROM THE SITE ARE PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS ", "AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KPS HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. SPECIFICALLYKPS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KPS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY FOREGOING, KPS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SITE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KPS OR AN AUTHORIZED REPRESENTATIVE OF KPS SHALL CREATE A WARRANTY. LIMITATION OF LIABILITY IN NO EVENT SHALL KPS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS OR THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, OR FOR ANY LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (II) INCLUDING BUT NOT LIMITED TO NEGLIGENCE), INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY SITES OR USE THEREOF OR INABILITY TO MAKE SUCH DETERMINATION AS NECESSARY USE BY ANY PARTY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH RESPECT TO THE ACQUISITION USE OF LICENSES UNDER PATENTS THE SITE, THE PRODUCTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYSERVICES, ST DISCLAIMS OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED DAMAGES CAUSED BY OR FOR YOU RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM KPS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KPS'S RECORDS, PROGRAMS OR SERVICES, EVEN IF AN INDEMNITEE, IS ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. You specifically acknowledge and agree that the Indemnitees are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while KPS intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, KPS does not warrant, guarantee or make any representations that the Site, or any Site Contents, shall be available for downloading, or will be free of viruses, spyware or destructive materials and the Indemnitees shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing of, the Site or the server that makes it available, or your uploading of any content to the Site. APPLICABLE LAW AND BY OR FOR YOUR CUSTOMERSVENUE These T&C shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYou may not assign or otherwise transfer by operation of law or otherwise these T&C or any rights or obligations herein. These T&C and your use of the Site will be governed by and construed in accordance with the laws of India, applicable to agreements made and to be entirely performed within India, without resort to its conflict of law provisions. You agree that the Courts of Mumbai alone and no other courts shall have the jurisdiction to entertain and try any action at law or in equity arising out of or relating to these T&C shall be filed only in the courts located in India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Site, any purchase from this site, or these T&C. MODIFICATION & NOTICE You agree that KPS may modify these T&C and any other policies on our Site at any time and that posting the modified T&C or policies on our Site will constitute sufficient notice of such modification.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE Licensor is committed to ensuring service quality and uptime excellence to provide Licensee with an optimal experience when using the Product. While the Licensor always endeavors to keep the Software running, Licensee acknowledges that the Software may be unavailable for short periods from time to time for maintenance and system improvements. In order to maintain excellent customer service, the Licensor will work diligently with Licensee to address any issues that arise. With the understanding that it is in Licensor’s best interest to provide superior service, LICENSEE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THE PRODUCT WILL BE AT ITS OWN RISK AND THAT THE LICENSED MATERIALS AND ANY PRODUCT AND ALL PARTS PORTIONS THEREOF ARE PROVIDED “ON AN "AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT " BASIS, AND TO THE LICENSED MATERIALS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, ITS AFFILIATES, ITS LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, AND OR PARTS THEREOF SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PRODUCT, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE, NON-INTERFERING OR NON-INFRINGING. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL PERFORM, EXCEPT TO THE EXTENT STATED IN THE DOCUMENTATION. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET REQUIREMENTS. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT LICENSEE BEARS ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. LICENSOR IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND AS PARTIAL CONSIDERATION FOR BEING GRANTED THE LICENSES HEREUNDER LICENSEE AGREES TO BE BOUND BY THIS DISCLAIMER AND THE LIMITATIONS OF LIABILITY BELOW NOTWITHSTANDING THE FAILURE OF ANY REMEDY HEREUNDER OF ITS ESSENTIAL PURPOSE. IN CERTAIN CIRCUMSTANCES, SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE IN WHOLE OR IN PART. LIMITATIONS OF MERCHANTABILITY AND FITNESS LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR RESELLERS BE LIABLE FOR A PARTICULAR PURPOSE. SPECIFICALLYANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING, WITHOUT LIMITING THE GENERALITY LIMITATION, DAMAGES FOR LOSS OF REVENUES OR GOODWILL, WORK STOPPAGE, LOSS OF DATA, INACCURACIES, COMPUTER FAILURE OR MALFUNCTION, EVEN IF LICENSEE IS ADVISED OF THE FOREGOINGPOSSIBILITY THEREOF, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION REGARDLESS OF THE LICENSED MATERIALS LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL PART OF THIS AGREEMENT AND LICENSOR WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR PARTS THEREOF WILL BE UNINTERRUPTED LIMITATION OF INCIDENTAL OR ERROR FREECONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE IN WHOLE OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFIN PART. COMPLIANCE WITH LAWS. Licensee agrees to comply with all applicable laws and regulations, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTdomestic and foreign, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSwith respect to the Product, including without limitation those related to export and import controls, confidentiality and protection of personal data. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYLicensee further agrees to comply with all local law and regulatory requirements necessary to ensure that Licensee’s employees, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWagents and representatives comply with the terms of this Agreement as if they were parties hereto.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT Customer agrees to use all Services and any information obtained through or from Honeywick, at Customer's own risk. Customer acknowledges and agrees that Honeywick exercises no control over, and accepts no responsibility for, the content of the information passing through Honeywick's host computers, network, or the Internet. THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF SERVICES ARE PROVIDED “ON AN "AS IS”, AS AVAILABLE" BASIS. ST MAKES NO REPRESENTATIONS NONE OF Honeywick, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("Honeywick PERSON") MAKE ANY WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Honeywick PROVIDES. SPECIFICALLY, WITHOUT LIMITING NO Honeywick PERSON MAKES ANY WARRANTIES THAT THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SERVICES WILL NOT BE UNINTERRUPTED INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Honeywick IS NOT LIABLE, AND OR (II) EXPRESSLY DISCLAIMS ANY USE AND DISTRIBUTION OF LIABILITY, FOR THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT CONTENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSDATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY Honeywick. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYNO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Honeywick PERSON, ST DISCLAIMS ANY LIABILITY IN CASE WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSINFORMATION OR ADVICE. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWThe terms of this section shall survive any termination of this Agreement.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISPLAY AND MATERIALS AND ANY AND ALL PARTS THEREOF PROVIDED BY XXXXXX HEREUNDER ARE PROVIDED “"AS IS”. ST MAKES NO " WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE EXCEPT AS MAY BE EXPRESSLY STATED HEREIN. SPECIFICALLYXXXXXX DOES NOT WARRANT THAT THE DISPLAY AND MATERIALS WILL BE ERROR FREE OR WITHOUT BLEMISH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A XXXXXX OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE GENERALITY IN NO EVENT AND UNDER NO LEGAL THEORY SHALL XXXXXX, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR AFFILIATES BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THE FOREGOINGDISPLAY AND MATERIALS PROVIDED BY XXXXXX HEREUNDER, ST MAKES NO REPRESENTATION INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR WARRANTY THAT (I) THE USE ANY AND DISTRIBUTION ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF XXXXXX HAS BEEN INFORMED OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION POSSIBILITY OF SUCH DAMAGES. THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN FOLLOWING PROVISIONS APPLY ONLY IF THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.A LEASE-MAINTENANCE AGREEMENT:

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT FOR THE LICENSED MATERIALS EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, 11.2, AND 11.3 ABOVE, NEITHER PARTY MAKES ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER GRANTS ANY WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED. NONE OF AMYRIS NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS, EXTEND ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING OR ASSUME ANY RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE GENERALITY COLLABORATION CANNABINOIDS OR TO THE DESIGN, DEVELOPMENT, MANUFACTURE OR SALE OR, ALSO EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, 11.2, AND 11.3 ABOVE, OTHER DISPOSITION BY LAVVAN OR ITS AFFILIATES OR ANY SUBLICENSEES OF PRODUCTS, AND, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1, 11.2, AND 11.3 ABOVE, EACH OF AMYRIS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES THAT: THE USE OF THE FOREGOINGSUPPLIED COLLABORATION CANNABINOIDS IN THE MANUFACTURE OF PRODUCTS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OR TRANSFER OF THE LICENSED MATERIALS AND SUCH PRODUCTS BY OR PARTS THEREOF TO ANY AFFILIATE OR THIRD PARTY ARE OR WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY; AND LAVVAN AND ITS AFFILIATES AND ALL SUBLICENSEES ASSUME THE ENTIRE RISK AS TO DESIGN, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED DEVELOPMENT, MANUFACTURE, USE, SALE OR PERFORMANCE OF PRODUCTS BY OR ON ITS BEHALF; AND, ALSO EXCEPT FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS LLA SECTIONS 11.1, 11.2, AND THAT NO WARRANTIES ARE MADE 11.3 ABOVE, EACH SUBLICENSEE AND ITS AFFILIATES ASSUME THE ENTIRE RISK AS TO DESIGN, DEVELOPMENT, MANUFACTURE, USE, SALE OR PERFORMANCE OF PRODUCTS BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWON ITS BEHALF.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF PRODUCTS ARE PROVIDED WITH ALLFAULTS ON AN “AS IS”” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WITHOUT LIMITING REPOSYSTEMS AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE GENERALITY FUNCTIONALITY OF THE FOREGOINGPRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE PRODUCTS WILL BE CORRECTED, ST MAKES NOR DO THEY WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO REPRESENTATION ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REPOSYSTEMS OR A REPOSYSTEMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT (I) THE USE CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. REPOSYSTEMS AND DISTRIBUTION OF THE LICENSED MATERIALS ITS LICENSORS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE ACQUISITION PRODUCTS. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH THE PRODUCTS YOU CHOOSE TO USE AND DISTRIBUTION INFRINGE YOU ASSUME THE ENTIRE COST OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSSERVICE AND REPAIR. FURTHERMORE ST HEREBY DISCLAIMS ANY THIS DISCLAIMER OF WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSCONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN USE OF THE EXPRESS WARRANTIES IN PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWDISCLAIMER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “"AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYFURTHER, WITHOUT LIMITING LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE GENERALITY USE, OR THE RESULTS OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR PARTS THEREOF WILL BE UNINTERRUPTED OTHERWISE. NO ORAL OR ERROR FREEWRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR (II) ANY ADVICE. FURTHER, THE SOFTWARE IS NOT FAULT- TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AND DISTRIBUTION OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED MATERIALS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (" HIGH RISK ACTIVITIES"). LICENSOR AND ITS LICENSOR SPECIFICALLY DISCLAIM ANY EXPRESS OR PARTS THEREOFIMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. If a jurisdiction applicable to this Agreement restricts the exclusion of certain implied warranties, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTlimitations on how long an implied warranty may last, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYor the exclusion or limitation of incidental, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWconsequential, or special damages: (A) each warranty which cannot be excluded is limited in time to sixty (60) days from the date of Delivery; and (B) Licensor's total liability to Licensee for breach of all such warranties are limited to the amount stated in Section 15 (Limitation on Liability).

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SONENDO SOFTWARE, DOCUMENATION AND ANY PRODUCTS PROVIDED BY SONENDO FOR USE OR ASSOCIATED THEREWITH, IS AT YOUR SOLE RISK AND THAT THE LICENSED MATERIALS ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SONENDO SOFTWARE AND ANY AND ALL PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY THE SONENDO SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ST MAKES NO REPRESENTATIONS OR , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SONENDO AND ITS PARTNERS AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS SONENDO SOFTWARE AND OR PARTS THEREOF WHETHER EXPRESS OR ANY SERVICES, EITHER EXPRESS, IMPLIED, INCLUDING OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY XXXXXXX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FOREGOINGSONENDO SOFTWARE, ST MAKES NO REPRESENTATION THAT THE FUNCTIONS CONTAINED IN OR WARRANTY SERVICES PERFORMED OR PROVIDED BY THE SONENDO SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT (I) THE USE AND DISTRIBUTION OPERATION OF THE LICENSED MATERIALS AND SONENDO SOFTWARE OR PARTS THEREOF SERVICES WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, OR THAT DEFECTS IN THE SONENDO SOFTWARE OR SERVICES WILL BE CORRECTED. FOR CLARITY, XXXXXXX DOES NOT MAKE ANY REPRESENTATIONS ABOUT DISCLAIMER OF WARRANTY (continued). AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSIMAGES, DATA AND CONTENT. IT SONENDO MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SONENDO SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SONENDO SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. SONENDO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SERVICES OR THE SONENDO SOFTWARE. YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE ACQUISITION SONENDO SOFTWARE OR SERVICES IS TO UNINSTALL AND CEASE USE OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY THE SONENDO SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXXX SHALL CREATE A WARRANTY. SHOULD THE SONENDO SOFTWARE OR SERVICES 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 APPLICABLE STATUTORY RIGHTS OF THIRD PARTIESA CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. CONSEQUENTLYYOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION THAT MAY NOT BE LIMITED BY THESE TERMS, ST DISCLAIMS ANY LIABILITY IN CASE PROVIDED HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSTATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT Although Licensor has tested the software and reviewed the documentation, THE LICENSED MATERIALS SOFTWARE IS FURNISHED BY LICENSOR AND ANY AND ALL PARTS THEREOF ARE PROVIDED “ACCEPTED BY LICENSEE "AS IS”," WITHOUT ANY WARRANTY WHATSOEVER. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION ALL WARRANTIES, EXPRESS OR WARRANTY IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY LICENSOR AND ITS SUPPLIERS. LICENSOR DOES NOT WARRANT THAT (I) THE USE AND DISTRIBUTION LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, . THE ENTIRE RISK AS TO THE QUALITY AND OR (II) ANY USE AND DISTRIBUTION PERFORMANCE OF THE LICENSED MATERIALS AND SOFTWARE IS WITH LICENSEE. Some states do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. LIMITATION OF LICENSOR LIABILITY IN NO EVENT WILL LICENSOR OR PARTS THEREOFITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY LOST PROFITS, WHETHER INTEGRATED INTO LOST SAVINGS, LOST DATA, OR OTHER EQUIPMENT DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR NOT, ARE FREE FROM INFRINGEMENT INCIDENTAL DAMAGES ARISING OUT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT OR RELATING TO THE ACQUISITION LICENSED SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS THE POSSIBILITY OF THIRD PARTIES. CONSEQUENTLYSUCH LOSS OR DAMAGE; PROVIDED, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE HOWEVER, THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES NOTHING IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST AGREEMENT SHALL OPERATE TO RELIEVE LICENSOR FROM LIABILITY FOR ITS OWN WILLFUL OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWWANTON RECKLESSNESS OR INTENTIONAL TORTS. Limited Warranty If this software is delivered on physical medium and if you discover physical defects in the media, Licensor will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Licensor during the 90-day period after having taken delivery of the software. No Licensor dealer, representative, agent, or employee is authorized to make any modifications or additions to this limited warranty. Proprietary Expression and Information Licensor is the owner of all intellectual property rights in the Licensed Software including all copyrights, trade secrets, patents, and trademarks relating thereto. Those rights include, but are not limited to, all source code, object code, text, graphics, artwork, ideas, procedures, processes, systems, methods of operation, and concepts which are embodied within the Licensed Software and all documentation relating thereto. This license is not a sale of a copy of the Licensed Software and does not render Licensee the owner of a copy of the Licensed Software. Ownership of the Licensed Software and all components and copies thereof shall at all times remain with Licensor, regardless of who may be deemed the owner of the tangible media in or on which the Licensed Software may be copied, encoded or otherwise fixed. Support Services Licensor may provide you with support services related to the Licensed Software ("Support Services"). Use of Support Services is governed by the Licensor policies and programs described in the user manual, in "online" documentation, and/or in other Licensor-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Licensed Software and subject to the terms and conditions of this license agreement. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you. Licensee acknowledges it will provide, at its own expense, software, hardware and support services for its own computer infrastructure, including, but not limited to, operating systems, networking (including Internet), emailing, database and other similar 3rd party software / systems. Licensee also acknowledges that any software support, for Licensed Software, it may contract from Licensor does not include support for such infrastructure components. Solicitation of Employment - - Before Payment is Made for Licensed Software Licensee confirms genuine interest in evaluating and / or using Licensed Software, and agrees not to target, and not to suggest that others target, employees or contractors of Licensor as possible candidates for employment or contract work - - directly or indirectly. Furthermore, Licensee agrees not to knowingly solicit to or actually hire, retain, contract with or engage the employment or services of any current employee or consultant of Licensor, except through Licensor, during the term of this agreement and for a period of twelve (12) months thereafter. Furthermore, Licensee hereby agrees, covenants and warrants that it shall not, during the term of this agreement and for a period of twelve (12) months thereafter, knowingly retain in any manner except through Licensor, either directly or indirectly (including through a 3rd party or consulting firm), the services of any of Licensor's current employees or consultants. Solicitation of Employment - - After Payment is Made for Licensed Software Licensee agrees not to target, and not to suggest that others target, employees or contractors of Licensor as possible candidates for employment or contract work - - directly or indirectly. Furthermore, Licensee agrees not to knowingly solicit to or actually hire, retain, contract with or engage the employment or services of any current or former employee or consultant of Licensor, except through Licensor, during the term of this agreement and for a period of twelve (12) months thereafter. Furthermore, Licensee hereby agrees, covenants and warrants that it shall not, during the term of this agreement and for a period of twelve (12) months thereafter, knowingly retain in any manner except through Licensor, either directly or indirectly (including through a 3rd party or consulting firm), the services of any of Licensor's current or former employees or consultants. Restrictions Upon Duplication, Reverse Engineering and Disclosure Any copy of the Licensed Software made by Licensee must bear the same copyright and other proprietary notices that appear on the copy furnished to Licensee by Licensor. Licensee will not disassemble, decompile, translate or otherwise attempt to "reverse engineer" the Licensed Software, nor shall Licensee permit any other person to do so. Licensee will make reasonable efforts to prevent any unauthorized copying of the Licensed Software or disclosure or use of Licensor's trade secret information, and Licensee will advise Licensee's employees who are permitted access to the Licensed Software of the restrictions upon duplication, reverse engineering, disclosure and use contained in this Agreement. Licensee will be liable for any unauthorized copying, reverse engineering and/or disclosure by Licensee's employees or agents. Only with specific written permission (e.g., a License addendum) from an officer of Licensor may any party other than Licensor produce any derivative work based on the Licensed Software. Otherwise neither Licensee nor any other party may produce any derivative work based on the Licensed Software. Licensee will not use the Licensed Software to create for distribution a product that is generally competitive with Licensor�s products, including with any of the functionalities of the Licensed Software. Licensee will not use the Licensed Software, or any elements thereof, on a rental or timeshare basis or to operate a service bureau facility for the benefit of third parties. Licensee will not use the Licensed Software, or any elements thereof, to create for distribution a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Licensor. Restriction upon Transfer Licensee will not lease, rent, sell, distribute, pledge, assign, sublicense, loan or otherwise transfer to any third party any part of the Licensed Software or any copy thereof or any of Licensee's rights under this Agreement.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY SET FORTH IN SECTION 27 THE LICENSED MATERIALS AGREEMENT, THE PRODUCTS AND ANY AND ALL PARTS THEREOF OTHER SERVICES PROVIDED HEREIN ARE PROVIDED “"AS IS”. ST " AND SENAWAVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SPECIFICALLYNEITHER SENAWAVE NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SENAWAVE'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, WITHOUT LIMITING THE GENERALITY THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SENAWAVE'S OR ITS VENDORS' NEGLIGENCE. NEITHER SENAWAVE NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN SENAWAVE. NEITHER SENAWAVE NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE FOREGOINGSERVICES RESULTING FROM CUSTOMER'S EQUIPMENT, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND INTERNET, OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREETELECOMMUNICATIONS SYSTEMS NOT UNDER SENAWAVE'S CONTROL, AND SENAWAVE SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR (II) ANY USE INTERRUPTIONS. 29. EXCLUSIVE REMEDY. CUSTOMER'S SOLE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFEXCLUSIVE REMEDY, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT WHICH SENAWAVE SHALL BE YOUR SOLE RESPONSIBILITY ENTITLED TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT ELECT IS REPAIR, REPLACEMENT, CREDIT OR, REFUND. SENAWAVE MAY ELECT TO THE ACQUISITION PROVIDE A REFUND IN LIEU OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLYCREDIT, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY REPLACEMENT OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWREPAIR.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION 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 LICENSED MATERIALS APPLICATION AND ANY AND ALL PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS ISAVAILABLE”. ST MAKES NO REPRESENTATIONS OR , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED MATERIALS APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDSTATUTORY, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION GUIDEVUE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED MATERIALS AND APPLICATION THAT THE FUNCTIONS CONTAINED IN OR PARTS THEREOF SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THAT DEFECTS IN THE LICENSED MATERIALS AND APPLICATION OR PARTS THEREOFSERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GUIDEVUE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, WHETHER INTEGRATED INTO OTHER EQUIPMENT YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR NOT, ARE FREE FROM INFRINGEMENT CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF THIRD PARTIES. CONSEQUENTLYA CONSUMER, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE SO THE ABOVE EXCLUSION AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS”. ST ” AND “AS AVAILABLE” AND NextRequest MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WARRANTY OF ANY KIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEUSE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST NextRequest MAKES NO REPRESENTATION OR WARRANTY THAT (IA) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SERVICE WILL MEET CUTOMER’S REQUIREMENTS, (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR ERROR-FREE, AND OR (IIC) ANY USE AND DISTRIBUTION OF REGARDING THE LICENSED MATERIALS AND ACCURACY OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT RELIABILITY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCONTENT. Limitation of Liability. NextRequest WILL NOT BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF IT SHALL BE YOUR SOLE RESPONSIBILITY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF NextRequest OR ITS SUCCESSORS, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT NextRequest UNDER THIS AGREEMENT. TO THE ACQUISITION EXTENT APPLICABLE LAW PROHIBITS THE FOREGOING LIMITATION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESLIABILITY, NEXTREQUEST’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. CONSEQUENTLYNothing in this Agreement limits or excludes either Party’s liability for any loss or damages resulting from death or personal injury caused by its negligence, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWor any fraud or fraudulent misrepresentation.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE PROVIDER DOES NOT WARRANT THAT THE LICENSED MATERIALS AND SERVICES WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, THAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY AND ALL PARTS THEREOF ARE ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM CLIENT’S CONTENT OR THIRD-PARTY CONTENT OR SERVICES PROVIDED “AS IS”BY THIRD PARTIES. ST MAKES PROVIDER SHALL HAVE NO REPRESENTATIONS OR WARRANTIES OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE LICENSED MATERIALS WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CLIENT OR A THIRD PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, CLIENT’S EXCLUSIVE REMEDY AND OR PARTS THEREOF WHETHER PROVIDER’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO CLIENT THE FEES FOR THE TERMINATED SERVICES THAT CLIENT PRE-PAID TO PROVIDER FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, CLIENT ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR CONDITIONS BY THE PROVIDER OR ANY THIRD-PARTY VENDORS’ INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) THAT THOSE THIRD-PARTY VENDORS DISCLAIM ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFALL LIABILITY, WHETHER INTEGRATED INTO OTHER EQUIPMENT DIRECT, INDIRECT OR NOTCONSEQUENTIAL, ARE FREE ARISING FROM INFRINGEMENT THE SERVICES. PROVIDER MAY LINK TO OR OFFER THIRD-PARTY SERVICES FOR RESALE. ANY PURCHASE, ENABLING, OR ENGAGEMENT OF THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLEMENTATION, CUSTOMIZATION, CONSULTING SERVICES, E-MAIL, WEB HOSTING, SERVER HOSTING, PHONE SERVICE, AND ANY EXCHANGE OF DATA BETWEEN CLIENT AND ANY THIRD-PARTY SERVICE, IS SOLELY BETWEEN CLIENT AND THE APPLICABLE THIRD-PARTY SERVICE PROVIDER AND IS SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD-PARTY PROVIDER. PROVIDER DOES NOT WARRANT THIRD-PARTY SERVICES AND IS NOT RESPONSIBLE OR LIABLE FOR SUCH SERVICES OR ANY LOSSES OR ISSUES THAT RESULT FROM CLIENT’S USE OF SUCH SERVICES. IF CLIENT PURCHASES, ENABLES OR ENGAGES ANY THIRD-PARTY SERVICE FOR USE IN CONNECTION WITH THE SERVICES, CLIENT ACKNOWLEDGES THAT PROVIDER MAY ALLOW THIRD-PARTY SERVICES PROVIDERS TO ACCESS CLIENT DATA USED IN CONNECTION WITH THE SERVICES AS REQUIRED FOR THE INTEROPERATION OF SUCH THIRD-PARTY SERVICES WITH THE SERVICES. CLIENT REPRESENTS AND WARRANTS THAT CLIENT’S USE OF ANY THIRD THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT SERVICE SIGNIFIES CLIENT’S INDEPENDENT CONSENT TO THE ACQUISITION ACCESS AND USE OF LICENSES UNDER PATENTS CLIENT’S DATA BY THE THIRD-PARTY SERVICE PROVIDER, AND OTHER INTELLECTUAL PROPERTY RIGHTS THAT SUCH CONSENT, USE, AND ACCESS IS OUTSIDE OF THIRD PARTIESPROVIDERS’S CONTROL. CONSEQUENTLYPROVIDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISCLOSURE, ST DISCLAIMS ANY LIABILITY IN CASE MODIFICATION OR DELETION OF DATA RESULTING FROM ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSACCESS BY THIRD-PARTY SERVICE PROVIDERS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSCOMPLIANCE WITH LAWS Provider shall comply with all laws applicable to Provider in its role as a Managed IT Provider. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON For the avoidance of doubt, unless otherwise provided in a separate Data Processing Agreement (“DPA”), Provider is not responsible for complying with the laws applicable to Client or Client’s industry. Client shall comply with all laws applicable to Client or in Client’s industry. Although it is under no obligation to do so, from time to time, Provider may make recommendations regarding legal requirements and regulatory compliance protocols related to Client’s network and practices. If Client fails to adopt or implement the recommended legal requirements or regulatory compliance protocols, Client is responsible for any and all damages related to legal and regulatory compliance. Even if Client does take Provider’s advice regarding legal requirements and regulatory compliance protocols, Provider does not take responsibility for any legal requirements and regulatory compliance protocols or audits. NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWHIRING Client shall not solicit for employment with Client any Provider employee with whom Client has had direct contact in connection with the Services during the Term of this Agreement and for twelve (12) months following termination of this Agreement. Client acknowledges that injury resulting from any breach of this provision would be significant and irreparable and that it would be extremely difficult to ascertain the actual amount of damages resulting from such breach. Therefore, in the event of a violation of this provision, in addition to any other right Provider may have at law or in equity, Client shall make a one-time payment to Provider in the amount of one hundred percent (100%) of the affected employee's base salary for one year, which accurately reflects the reasonable value of the employee’s time and costs. We agree that such amount is not intended as a penalty and is reasonably calculated based upon the projected costs the injured party would incur to identify, recruit, hire and train suitable replacements for such personnel.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE EACH PARTY ACKNOWLEDGES THAT (I) THE LICENSED MATERIALS OTHER PARTY'S PRODUCTS AND SERVICES MAY NOT SATISFY ALL CUSTOMER REQUIREMENTS AND (II) THE USE OF SUCH PRODUCTS AND SERVICES MAY NOT BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES GUARANTEES WITH RESPECT TO THE LICENSED MATERIALS AND PRODUCTS OR PARTS THEREOF SERVICES OF EITHER PARTY, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE PARTIES, THEIR AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SECTION 10.12. NO CONSEQUENTIAL DAMAGES; LIMITATION ON TOTAL DAMAGES. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON EACH OTHER'S CLAIMS OR THOSE OF ITS CUSTOMERS OR VENDORS (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES CLAIMS FOR LOST REVENUE, LOST PROFITS, LOSS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLYDATA, WITHOUT LIMITING THE GENERALITY LOSS OF THE FOREGOINGGOODWILL, ST MAKES NO REPRESENTATION LOSS OF USE OF MONEY OR WARRANTY THAT (I) USE OF SERVICES, INTERRUPTION IN THE USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS SECTION WILL NOT APPLY ONLY WHEN AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATION. THE ENTIRE LIABILITY OF LICENSES UNDER PATENTS AND EITHER PARTY TO THE OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY PARTY FOR DAMAGES (OTHER THAN DAMAGES DESCRIBED ABOVE FOR WHICH THE PARTIES HAVE NO LIABILITY) IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED CONNECTION THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL COMPENSATION RECEIVED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN DUE TO THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIABLE PARTY HEREUNDER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”Buyer acknowledges that Wellgistics is a wholesale distributor of the Products and is not a manufacturer of the Products. ST Buyer acknowledges that Wellgistics is not liable for any illness or condition resulting from compromised or damaged Products or due to improper or inappropriate administration of the Products. WELLGISTICS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS AGREEMENT OR THE LICENSED PRODUCTS, AND WELLGISTICS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THIS AGREEMENTAND THE PRODUCTS AND ANY OTHER MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDINFORMATION, INCLUDING BUT NOT LIMITED TOINCLUDING, IMPLIED WARRANTIES WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING AND NONINFRINGEMENT; PROVIDED, HOWEVER, THAT TO THE GENERALITY EXTENT IT IS LEGALLY AUTHORIZED TO DO SO, WELLGISTICS WILL ASSIGN OR OTHERWISE “PASSTHRU” TO BUYER ANY WARRANTIES PROVIDED TO WELLGISTICS BY THE THIRDPARTY MANUFACTURER OF THE FOREGOINGPRODUCTS. LAWS FROM TIME TO TIME IN FORCE IN THE RELEVANT MARKET MAY IMPLY WARRANTIES WHICH CANNOT BE EXCLUDED OR WHICH CAN ONLY BE EXCLUDED TO A LIMITED EXTENT, ST MAKES IN WHICH CASE, WELLGISTICS LIMITS ITS WARRANTIES AND LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO REPRESENTATION EVENT WILL WELLGISTICS OR WARRANTY THAT (I) ANY OF ITS SUPPLIERS, OR AGENTS BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES FOR ANY ACT OR OMISSION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR WITH THE SALE, HANDLING, MAINTENANCE, STORAGE, TRANSPORTATION, DELIVERY, USE AND OR DISTRIBUTION OF THE LICENSED MATERIALS AND PRODUCTS, INCLUDING WITHOUT LIMITATION ANY LOSSES, EXPENSES, OR PARTS THEREOF WILL BE UNINTERRUPTED DAMAGES INCURRED BY REASON OF LOST REVENUES OR ERROR FREEPROFITS, AND COSTS OF SUBSTITUTE PRODUCTS, EXPENSES OR (II) ANY USE AND DISTRIBUTION LOSSES, EVEN IF FORESEEABLE OR IF WELLGISTICS HAS BEEN ADVISED OF THE LICENSED MATERIALS AND OR PARTS THEREOFPOSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABLITY Wellgistics shall not be liable to Buyer or to any third party for any special, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTindirect, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSincidental or consequential damages nor for any injury to persons or property, under any claim or theory of recovery. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESThe entire liability of Wellgistics to Buyer, and the sole and exclusive remedy of Buyer, for any claim or cause of action arising hereunder (whether in contract, tort, or otherwise) will not exceed the purchase price paid for the Products which are the subject of such claim or cause of action. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSWellgistics will not have any tort liability to Buyer arising from this Agreement including claims relating to negligence or defects in the Products. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWEach party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material to this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.

DISCLAIMER OF WARRANTY. By utilizing your My Rewards Debit Card, you expressly agree that use of the Program, including but not limited to use of a Financial Institution short-term loan service, if any is offered, is at your sole risk. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, IS PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS. ST MAKES WE, FINANCIAL INSTITUTION, AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR ANY INFORMATION OR CONSEQUENCES RESULTING FROM YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE. MOREOVER WE AND OUR LICENSORS AND VENDORS ARE NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES EXPERIENCED BY YOU. WE AND OUR LICENSORS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION WE AND OUR LICENSORS AND VENDORS DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR WARRANTY THAT (I) THE USE AND DISTRIBUTION FUNCTIONALITY OF THE LICENSED MATERIALS AND PROGRAM, INCLUDING WITHOUT LIMITATION THE FINANCIAL INSTITUTION SHORT-TERM LOAN SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND TELECOMMUNICATION LINES OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSCIRCUITS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT YOU HEREBY ASSUME ALL RISKS RELATING TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWFOREGOING.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED The Software and Cloud Services are provided “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER ” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. 5. LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TOTO ANY LOSS, MISAPPROPRIATION, UNAUTHORIZED ACCESS, TAMPERING, MALWARE OR OTHERWISE RELATING TO THE CUSTOMER DATA. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OF MERCHANTABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED AND FITNESS CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING USE IN ANY APPLICATION IN WHICH THE GENERALITY FAILURE OF THE FOREGOINGSOFTWARE OR CLOUD SERVICES COULD LEAD TO PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, ST MAKES NO REPRESENTATION WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR WARRANTY THAT CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (IINCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND SOFTWARE OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS CLOUD SERVICES (INCLUDING BUT NOT LIMITED TO CLAIMS, LIABILITY, DAMAGES AND LOSSES RELATED TO CUSTOMER DATA) AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR PARTS THEREOFDEATH ASSOCIATED WITH ANY UNINTENDED USE, WHETHER INTEGRATED INTO OTHER EQUIPMENT EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR NOTAN INTEL AFFILIATE, ARE FREE FROM INFRINGEMENT LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE SOFTWARE OR PROVISION OF THE CLOUD SERVICES. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES6. CONSEQUENTLYCUSTOMER DATA. As between the Parties, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSCustomer Data is and shall remain Your sole property regardless of whether it has been processed by Intel or is in Intel’s possession or control. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERSIn no event shall You or Your employees, subcontractors or end users (collectively, “End Users”) transmit credit card or payment information to the Cloud Service at any time. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWYou will ensure all collection and transmission of Customer Data, including Personal Information, will comply with all applicable laws and regulations for data protection and privacy, and You will obtain and maintain all necessary notices and consents from End Users to allow: (i) Intel access, monitoring, use and disclosure of this data as required under this Agreement and providing Intel with the ability to do so and (ii) Intel to provide the Cloud Services.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE SOFTWARE IS PROVIDED “AS IS”” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER AUTHOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PERTICULAR PURPOSE, OR NONINFRINGMENT. SPECIFICALLYTHE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE AND ITS FUNCTIONALITY, WITHOUT LIMITING RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS OR THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. YOU UNDERSTAND THAT THE SOFTWARE MAY PRODUCE INACCURATE OR (II) INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY YOU TO PROPERLY USE THE SOFTWARE. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS SOFTWARE AND BEAR THE ENTIRE RISK FOR SUCH ERROR AND FAILURES. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR PARTS THEREOFCONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, WHETHER INTEGRATED INTO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER EQUIPMENT PECUNIARY OR NOTOTHER LOSS WHATSOEVER ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, ARE FREE FROM INFRINGEMENT EVEN IF ADVISED OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSTHE POSSIBILITY OF SUCH DAMAGES. IT REGARDLESS OF THE FORM OF ACTION, THE AUTHOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED MAXIMUM EXTENT ALLOWED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT No Warranties. Paper Education Company Inc. PROVIDES THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “SERVICES ON AN "AS IS”. ST MAKES " BASIS AND GRANTS NO REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR WARRANTIES OTHERWISE WITH RESPECT TO THE LICENSED MATERIALS AND SERVICES OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDTHE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT. SPECIFICALLYPaper Education Company Inc. DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Paper Education Company Inc. DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST Paper Education Company Inc. MAKES NO REPRESENTATION OR WARRANTY THAT (I) WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE USE AND DISTRIBUTION SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A TUTOR OR TO SECURE THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREESERVICES OF A TUTOR, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOFINCLUDING, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOTWITHOUT LIMITATION, ARE FREE FROM INFRINGEMENT OF PARTICIPANTS IN ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSVERIFICATION SERVICE OFFERED ON OUR SITE. IT SHALL Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Paper Education Company Inc., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Paper Education Company Inc. DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Paper Education Company Inc.. UNDER NO CIRCUMSTANCES WILL Paper Education Company Inc. BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER RESPONSIBLE FOR ANY DEVELOPMENT CREATED LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWANY USERS.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE FEDEX IS NOT CHARGING YOU A FEE FOR ACCESS TO OR USE OF FEDEX TECHNOLOGY OR MARKS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS FEDEX TECHNOLOGY, INCLUDING ANY SERVICES OFFERED THROUGH FEDEX TECHNOLOGY, AND ANY AND ALL PARTS THEREOF MARKS ARE PROVIDED “ON AN "AS IS”" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ST MAKES NO REPRESENTATIONS USE BY YOU (AND YOUR AFFILIATES) OF THE DRC, ANY FEDEX TECHNOLOGY, THE MARKS, OR WARRANTIES WITH RESPECT ANY SERVICES PROVIDED THROUGH FEDEX TECHNOLOGY, IS AT YOUR SOLE RISK. TO THE LICENSED MATERIALS EXTENT PERMITTED BY APPLICABLE LAW, FEDEX AND ITS REPRESENTATIVES (AS DEFINED IN SECTION 13 BELOW), DISCLAIM AND EXCLUDE ALL WARRANTIES, CONDITIONS OR PARTS THEREOF REPRESENTATIONS WHETHER EXPRESS EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. SPECIFICALLYFEDEX DOES NOT WARRANT THAT (A) FEDEX TECHNOLOGY WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (B) OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE; (C) ANY DEFECT WITHIN FEDEX TECHNOLOGY OR ANY SERVICES OFFERED THROUGH FEDEX TECHNOLOGY WILL BE CORRECTED; OR (D) FEDEX TECHNOLOGY WILL NEVER BE INFILTRATED BY HACKERS OR OTHER UNAUTHORIZED USERS. FEDEX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF FEDEX TECHNOLOGY IN TERMS OF CAPABILITY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCORRECTNESS, ST ACCURACY, RELIABILITY OR OTHERWISE. FEDEX MAKES NO REPRESENTATION OR WARRANTY THAT FEDEX TECHNOLOGY OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. FEDEX DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH FEDEX TECHNOLOGY. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX WILL CREATE A WARRANTY. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (I60) DAYS FROM THE DATE OF ORIGINAL ACCESS TO THE DRC. HOWEVER, SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS AS WELL WHICH VARY FROM STATE TO STATE/COUNTRY TO COUNTRY/TERRITORY TO TERRITORY. Section 13. Limitation and Exclusion of Remedies and Liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY FEDEX TECHNOLOGY OR MARKS IS TO STOP USING THE MARKS AND/OR SUCH FEDEX TECHNOLOGY. You agree that the remedy set forth in this Section 13 is Your sole and exclusive remedy under the Agreement for any dissatisfaction with Your access to or use of (or inability to do either) Marks or FedEx Technology. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FEDEX IS NOT CHARGING YOU A FEE FOR ACCESS TO OR USE OF FEDEX TECHNOLOGY OR MARKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEDEX AND ITS PARENT COMPANY AND SUBSIDIARIES AND AFFILIATES, DIRECT AND INDIRECT, OF ITS PARENT COMPANY, LICENSORS, SUPPLIER, OR ANY OF THE FOREGOING’S RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND/OR AGENTS (COLLECTIVELY, “REPRESENTATIVES”) ARE NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING: DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, DAMAGES TO YOUR COMPUTER SYSTEMS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, NEGLIGENCE), PRODUCT LIABILITY, STATUTORY OR STRICT LIABILITY OR OTHERWISE EVEN IF FEDEX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FOR THE AVOIDANCE OF DOUBT, SUCH DISCLAIMER APPLIES TO ANY DAMGES WHETHER ARISING FROM, RELATING TO OR OTHERWISE RESULTING FROM (A) ACCESS TO OR USE OF FEDEX TECHNOLOGY OR MARKS; (B) DEVELOPMENT, DISTRIBUTION, USE, INSTALLATION OR REMOVAL OF AN APPLICATION; (C) INSTALLATION OR REMOVAL OF FEDEX TECHNOLOGY OR MARKS; (D) YOUR INABILITY TO ACCESS OR USE FEDEX TECHNOLOGY OR MARKS FOR ANY REASON; OR, (E) THE USE AGREEMENT, INCLUDING BREACH THEREOF BY FEDEX. IN ANY EVENT, THE AGGREGATE LIABILITY OF FEDEX UNDER THE AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU HEREUNDER. THE FOREGOING LIMITATIONS AND DISTRIBUTION EXCLUSIONS WILL APPLY EVEN IF FEDEX, OR AN AUTHORIZED REPRESENTATIVE OF FEDEX, HAS BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES OR A REMEDY SET FORTH IN THE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SOME DAMAGES (E.G., INCIDENTAL OR CONSEQUENTIAL). ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND OR PARTS THEREOF YOU MAY HAVE ADDITIONAL RIGHTS. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, YOU AGREE THAT THE LIABILITY OF FEDEX WILL BE UNINTERRUPTED OR ERROR FREE, AND OR LIMITED TO THE MAXIMUM AMOUNT OF FIFTY DOLLARS (II) ANY USE AND DISTRIBUTION $50.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE LICENSED MATERIALS BASIS OF THE BARGAIN BETWEEN FEDEX AND YOU. FEDEX WOULD NOT BE ABLE TO PROVIDE ACCESS TO OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT USE OF FEDEX TECHNOLOGY OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE MARKS WITHOUT SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWLIMITATIONS.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED “BY ZEBRA IS PROVIDED "AS IS”. ST MAKES NO REPRESENTATIONS OR " AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM ZEBRA, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING ZEBRA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING ZEBRA DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES.†SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY YOU FROM INFRINGEMENT ZEBRA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY ZEBRA OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSORT FROM ZEBRA.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY, ALL PARTS THEREOF ARE SOFTWARE PROVIDED “BY GJ IS PROVIDED "AS IS”. ST MAKES NO REPRESENTATIONS OR " AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER OF ANY KIND FROM GJ, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING GJ DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SPECIFICALLY, WITHOUT LIMITING GJ DOES NOT WARRANT THAT THE GENERALITY OPERATION OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT THAT THE SOFTWARE COVERED BY THIS XXXX INCLUDES EMULATION LIBRARIES, SUCH EMULATION LIBRARIES DO NOT WORK 100% CORRECTLY OR COVER 100% OF THE FUNCTIONALITY BEING EMULATED, ARE OFFERED "AS IS" AND WITH ALL FAULTS, AND ALL THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH AND THIS AGREEMENT APPLY TO SUCH EMULATION LIBRARIES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR (II) ANY USE AND DISTRIBUTION LIMITATIONS OF IMPLIED WARRANTIES, SO THE LICENSED MATERIALS AND ABOVE EXCLUSIONS OR PARTS THEREOFLIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER INTEGRATED INTO OTHER EQUIPMENT ORAL OR NOTWRITTEN, ARE FREE OBTAINED BY YOU FROM INFRINGEMENT GJ OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY GJ OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY THIRD SORT FROM GJ. 12. THIRD-PARTY INTELLECTUAL PROPERTY RIGHTSAPPLICATIONS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIESCertain third party applications may be included with, or downloaded with this Software. CONSEQUENTLYGJ makes no representations whatsoever about any of these applications. Since GJ has no control over such applications, ST you acknowledge and agree that GJ is not responsible for such applications. You expressly acknowledge and agree that use of third party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. You agree that GJ shall not be responsible or liable, directly or indirectly, for any damage or loss, including but not limited to any damage to or loss of data, caused or alleged to be caused by, or in connection with, use of or reliance on any such third-party content, products, or services available on or through any such application. You acknowledge and agree that the use of any third-party application is governed by such third-party application provider's Terms of Use, License Agreement, Privacy Policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third-party application provider's privacy policy, if such a policy exists. GJ DISCLAIMS ANY LIABILITY IN CASE RESPONSIBILITY FOR ANY SUCH USE AND DISTRIBUTION INFRINGE DISCLOSURE OF INFORMATION OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTSOTHER PRACTICES OF ANY THIRD-PARTY APPLICATION PROVIDER. FURTHERMORE ST HEREBY GJ EXPRESSLY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY DEVELOPMENT CREATED THIRD-PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAWSUCH THIRD-PARTY APPLICATION PROVIDER.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS LICENSE, INCLUDING THIS SECTION 6, WILL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP PROVIDES THE LUMIN SOFTWARE ON AN “AS IS”. ST MAKES NO ” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS OF ANY KIND. MAGIC LEAP AND OR PARTS THEREOF ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLYORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAGIC LEAP, WITHOUT LIMITING ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL NOT INCREASE THE GENERALITY SCOPE OF THIS WARRANTY. MAGIC LEAP DOES NOT WARRANT THAT THE LUMIN SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL ACHIEVE PARTICULAR RESULTS OR WILL OPERATE ERROR FREE. THE FEATURES AND FUNCTIONALITY OF THE FOREGOINGLUMIN SOFTWARE MAY CHANGE AT ANY TIME, ST AND MAGIC LEAP DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES. THE LUMIN SOFTWARE IS NOT DESIGNED FOR RESTRICTED USE (AS DEFINED IN SECTION 2.2 ABOVE) AND MAGIC LEAP MAKES NO REPRESENTATION WARRANTIES FOR SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY THAT (I) THE USE AND DISTRIBUTION MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREEABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT MAGIC LEAP’S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY EXTENT SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES LIMITATIONS ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS PLANVIEW APPLICATION, ACCESS THERETO, AND ANY SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS, AND PLANVIEW AND ITS AFFILIATES AND AGENTS: (A) DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO WARRANTIES, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDOTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED TO WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) DO NOT WARRANT THAT ACCESS TO THE GENERALITY PLANVIEW APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE PLANVIEW APPLICATION IS FREE OF VIRUSES (ALTHOUGH PLANVIEW REPRESENTS THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO AVOID VIRUSES) OR OTHER HARMFUL CONTENTS OR COMPONENTS; (C) SHALL IN NO EVENT BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE (INCLUDING LOSS OF DATA) CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF THE FOREGOINGPLANVIEW APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT PLANVIEW’S LIABILITY SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT LIMITED TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS MAXIMUM EXTENT PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIEDIMPLIED CONDITIONS, INCLUDING BUT NOT LIMITED TOREPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HILLSTONE, ITS SUPPLIERS AND LICENSORS. SPECIFICALLYTO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HILLSTONE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GENERALITY SOFTWARE OR HARDWARE, ANY WARRANTY OR ARISING OUT OF ANY BREACH OF WARRANTY, HOWEVER CAUSED, REGARDLESS OF THE FOREGOINGTHEORY OF LIABILITY (CONTRACT, ST MAKES NO REPRESENTATION TORT OR WARRANTY THAT (IOTHERWISE) THE USE AND DISTRIBUTION EVEN IF HILLSTONE HAS BEEN ADVISED OF THE LICENSED MATERIALS POSSIBILITY OF SUCH DAMAGES. HILLSTONE’S LIABILITY SHALL IN ANY EVENT AND UNDER ANY THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY HILLSTONE UNDER THIS AGREEMENT OR PARTS THEREOF WILL BE UNINTERRUPTED QUOTATION DURING THE PRECEDING THREE (3) MONTHS PERIOD. THE SOLE REMEDY FOR A BREACH OF ANY APPLICABLE LIMITED WARRANTY SET FORTH IN THIS XXXX IS, AT THE OPTION OF HILLSTONE, REPAIR OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION REPLACEMENT OF THE LICENSED MATERIALS AND DEFECTIVE OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT NON-CONFORMING HARDWARE OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTSSOFTWARE. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE AND DISTRIBUTION INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU AND BY OR FOR YOUR CUSTOMERS. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS LLA AND THAT NO WARRANTIES ARE MADE BY ST OR GRANTED BY LAW WHENEVER IT IS PERMITTED EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HILLSTONE BE LIABLE FOR PERSONAL INJURY. THE FOREGOING IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND STATES HILLSTONE’S ENTIRE LIABILITY.