Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE). RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND INFRINGEMENT, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED PROVID- ED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY DI- RECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, XXXXXX- TIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED KIND, INCLUDING THE IM- PLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDINGOF TITLE, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PUR- POSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESSERVICES OR REPLACEMENT OF THE DE- FECTIVE PRODUCT, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE REA- SONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT RELE- VANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designedde- signed, manufactured or intended for use in (a) the planningplan- ning, construction, maintenance, control, or direct operation opera- tion of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, YOU ACKNOWLEDGE THAT THE SERVICES, SOFTWARE AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT ON AN “AS IS” AND WITHOUT WARRANTIES“AS AVAILABLE” BASIS. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICES. WE MAKE NO, REPRESENTATIONSAND EXPRESSLY DISCLAIM ALL, CONDITIONS WARRANTIES (EXPRESS OR OTHER TERMS IMPLIED) REGARDING YOUR USE OF ANY KIND THE SERVICES AND RED HAT EXCLUDES ALL THE EQUIPMENT, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING ANY SOFTWARE, ANY COMMUNICATION LINK, AND THE OPERATION, PERFORMANCE OR WARRANT FUNCTIONALITY OF THE SERVICES AND THE EQUIPMENT, INCLUDING ANY WARRANTY THAT THE USE OF SERVICES AND THE SERVICES, SOFTWARE EQUIPMENT WILL OPERATE WITHOUT INTERRUPTION OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR FREE. YOU ACKNOWLEDGE THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THERE ARE CERTAIN SECURITY, TRANSMISSION-ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, 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 ASSUME ALL RISKS RELATING TO THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesFOREGOING.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT8, THE SERVICES, SERVICES AND SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. MIRANTIS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SERVICES OR SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT MIRANTIS WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 10.1, CLIENT’S CUSTOMER'S EXCLUSIVE REMEDY, AND RED HAT’S MIRANTIS’ ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT MIRANTIS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT CUSTOMER MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO PRO-RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, Customer acknowledges that the Software, Software and Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the any life support systems; planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft ; or navigation, control or communication systems, or weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY A limitation of remote Coaching is that the audio and/or visual components may not be clear. Any “lost time” due to technical difficulties caused by the Coach’s location (e.g., bad weather, poor Internet access) may be made up by mutual agreement between you and your Coach. VIA offers no warranty against the theft of electronic records. CHARACTER STRENGTHS COACHING IS PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT ON AN “AS IS” AND WITHOUT “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VIA, AND ALL ASSOCIATED PARTIES DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONSEXPRESS AND IMPLIED, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE , ANY: (1) WARRANTIES THAT THE CHARACTER STRENGTHS COACHING WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; AND (2) WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE, NON-INFRINGEMENT AND INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE PURPOSE, INFORMATIONAL CONTENT, TIMELINESS, AND COMPLETENESS. NO COMMUNICATION FROM US OR WARRANT THAT OUR COACHES CREATES A WARRANTY OF ANY KIND. You unconditionally and irrevocably waive liability, release, promise never to xxx, forever discharge, and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs, and expenses, including attorneys’ fees and costs that you have or may have against VIA, its parents, affiliates, agents, representatives, and each of their respective owners, officers, shareholders, directors, employees, and agents (“Released Parties”), arising from or related to the Coaching including, but not limited to, your application of any advice received during Coaching. You agree to indemnify and hold harmless VIA from and against all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with: (i) your participation in coaching; (ii) implementing the advice provided by your Coach or sharing that advice with others; or (iii) any actual or alleged violation or breach of any of the representations, warranties, or covenants made by me in this agreement. You agree to cooperate fully with VIA in the defense of any claim that is the subject of your indemnity obligations under this agreement. NOTWITHSTANDING ANYTHING TO THE USE CONTRARY, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF VIA EXCEED THE GREATER OF (1) THE TOTAL PAYMENTS PAID BY YOU TO VIA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, IF ANY; OR (2) $500.00. UNDER NO CIRCUMSTANCES SHALL VIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VIA HAS BEEN ADVISED OF THE SERVICESPOSSIBILITY OF SUCH DAMAGES), SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDARISING OUT OF, 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, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESRELATING TO, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERANY WAY, 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 TERMINATIONWHETHER DIRECTLY OR INDIRECTLY CONNECTED YOUR PARTICIPATION IN COACHING OR THIS AGREEMENT. Without limiting the generality In some jurisdictions limitations of the foregoing disclaimer, the Software, Services and any hardware provided liability are not specifically designed, manufactured or intended for use in (a) permitted. These limitations shall apply to 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Servicesfullest extent permitted by law.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “"AS IS” " AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S '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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. SALVO LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services. DISPUESTO EN LA CLAUSULA 10.1 O POR LA VENTA EFECTUADA POR UN XXXXXXX BAJO UN CONTRATO POR SEPARADO, LOS SERVICIOS, EL SOFTWARE Y CUALQUIER HARDWARE SE PROPORCIONAN EN EL ESTADO EN QUE SE ENCUENTRAN “TAL CUAL” SIN GARANTÍAS O CONDICIONES DE NINGÚN TIPO, INCLUYENDO LAS GARANTÍAS IMPLÍCITAS DE COMERCIALIZACION, NO VIOLACION Y ADECUACIÓN PARA UN FIN ESPECIFICO. RED HAT NO GARANTIZA NI ASEGURA QUE EL USO DE LOS SERVICIOS, SOFTWARE O HARDWARE SEA ININTERRUMPIDO, CUMPLA LOS REQUISITOS REGULATORIOS, SEA LIBRE DE ERRORES O QUE RED HAT REPARARA TODOS LOS ERRORES DEL SOFTWARE. POR EL INCUMPLIENTO DE LAS GARANTIAS ESTABLECIDAS EN LA CLAUSULA 10.1, EL REMEDIO EXCLUSIVO DEL CLIENTE, Y LA COMPLETA RESPONSABILIDAD DE RED HAT, SERA LA RE- EJECUCION DE LOS SERVICIOS DEFECTUOSOS, O SI RED HAT NO PUDIERA CORREGIR SUSTANCIALMENTE EL INCUMPLIENTO EN CONDICIONES COMERCIALES RAZONABLES, EL CLIENTE PUEDE DAR POR CONCLUIDOS LOS SERVICIOS RELEVANTES Y RECIBIR EL REEMBOLSO DE LAS TARIFAS ABONADAS POR LOS SERVICIOS DEFECTUOSOS PRORRATEADO A PARTIR DE LA FECHA EFECTIVA DE LA INTERRUPCION. Sin limitaciones a la generalidad de la denegación que antecede, el Software, los Servicios, y cualquier hardware que sea provisto no están diseñados, específicamente fabricados o dirigidos para uso en (a) la planificación, construcción, mantenimiento, control, u operación directa de instalaciones nucleares, (b) navegación de aviones, control o sistemas de comunicación, sistemas de armamentos, o (c) sistemas directos de soporte de vida. El Cliente está de acuerdo en que es el único responsable de los resultados obtenidos a partir del uso del Software o los Servicios.

DISCLAIMER OF WARRANTY. EXCEPT AS UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY PROVIDED IN SECTION 10.1 OR AGREE THAT USE OF THE SERVICES BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES, SOFTWARE AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT “AS IS,” AND WITHOUT WARRANTIES“AS AVAILABLE” AND THAT WE DO NOT MAKE ANY WARRANTIES WHATSOEVER THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE BANK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM THE CLIENT’S USE OF THE SERVICES. THE BANK MAKES NO, REPRESENTATIONSAND EXPRESSLY DISCLAIMS ALL, CONDITIONS WARRANTIES (EXPRESS OR OTHER TERMS IMPLIED) REGARDING THE YOUR USE OF ANY KIND THE SERVICES AND RED HAT EXCLUDES ALL THE EQUIPMENT, INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE PURPOSE, TITLE OR WARRANT NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK DISCLAIMS ANY WARRANTIES REGARDING ANY SOFTWARE, ANY COMMUNICATION OR COMMUNICATION MEDIUM, THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND THE EQUIPMENT, INCLUDING ANY WARRANTY THAT THE USE OF SERVICES AND THE SERVICES, SOFTWARE EQUIPMENT WILL OPERATE WITHOUT INTERRUPTION OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR FREE. THE CLIENT ACKNOWLEDGES THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1THERE ARE CERTAIN SECURITY, CLIENT’S EXCLUSIVE REMEDYTRANSMISSION ERROR, AND RED HAT’S ENTIRE LIABILITY, WILL BE ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING 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 ASSUMES ALL RISKS RELATING TO THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesFOREGOING.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW OF XXXXXXX- TABILITY, NON-INFRINGEMENT, TITLE (INCLUDING, WITHOUT WITH- OUT LIMITATION,THOSE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT TITLE TO ANY OPEN SOURCE SOFTWARE PROVIDED HEREUNDER) AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY 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. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.or

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S '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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDINGOF TITLE, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESSERVICES OR REPLACEMENT OF THE DEFECTIVE PRODUCT, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW OF MERCHANTABILITY, TITLE (INCLUDING, WITHOUT LIMITATION,THOSE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITYTITLE IN ANY OPEN SOURCE SOFTWARE PROVIDED BY RED HAT TO CLIENT HEREUNDER), NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT 13.1. Athena warrants that the Software is capable of materially performing in accordance with the Documentation. This warranty period shall apply for ninety days (90) after the effective date of this Agreement. Xxxxxx does not warrant the operation of the Software will be uninterrupted or error free. 13.2. Customer’s only rights in association with a breach of the warranty provided in paragraph 13.1 above is for Xxxxxx to correct such breach within thirty (30) days of being provided with notice of such breach of warranty, or such additional time as may be required given the nature of the breach. 13.3. The Software and related Services are a tool for the use by qualified professionals and are not intended to provide a diagnosis or to replace qualified professional’s judgment in assessing and treating patients. The Software and Services are not meant to replace the Customer's general protocols and other redundancies that are required when the Software or Services are unavailable for any reason; the Software and the Services are not meant to be the sole source for the information and services provided by the Software and Services. 13.4. OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 10.1 THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, XXXXXX MAKES NO WARRANTY OR BY A THIRD PARTY VENDOR DIRECTLY CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO CLIENT UNDER A SEPARATE THE SOFTWARE OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, IMPLIED WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE. SOME JURISDICTIONS DO NOT GUARANTEE ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. 13.5. NO ORAL OR WARRANT THAT WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR SERVICES AND THE BREACH APPLICATION OF THE WARRANTIES SET FORTH DOCUMENTATION IN SECTION 10.1TERMS OF CORRECTNESS, CLIENT’S EXCLUSIVE REMEDYACCURACY, AND RED HAT’S ENTIRE LIABILITYRELIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESCURRENTNESS, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNEROTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLIENT MAY TERMINATE BOTH PARTIES EXPRESSLY WAIVE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND APPLICABILITY OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesUNIFORM COMMERCIAL CODE AND ANY OTHER STATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON­ INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT 17.1. Athena warrants that the Software is capable of materially performing in accordance with the Documentation. This warranty period shall apply for ninety days (90) after the Commencement Date of this Agreement. Athena does not warrant the operation of the Software will be uninterrupted or error free. 17.2. Customer’s only rights in association with a breach of the warranty provided in Section 17.1 above is for Athena to correct such breach after being provided with notice of such breach of warranty. 17.3. The Software is a tool for the use by qualified professionals and is not intended to provide a diagnosis or to replace qualified professional’s judgment in assessing and treating patients. The Software is not meant to replace Customer's general protocols and other redundancies that are required when the Software is unavailable for any reason; the Software is not meant to be the sole source for the information and services provided by the Software. 17.4. OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 10.1 THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ATHENA MAKES NO WARRANTY OR BY A THIRD PARTY VENDOR DIRECTLY CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO CLIENT UNDER A SEPARATE THE SOFTWARE AND MODULES INCLUDING ANY PROFESSIONAL SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, IMPLIED WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE. SOME JURISDICTIONS DO NOT GUARANTEE ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. 17.5. NO ORAL OR WARRANT THAT WRITTEN INFORMATION OR ADVICE GIVEN BY ATHENA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR AND MODULES (INCLUDING ANY PROFESSIONAL SERVICES PROVIDED PURSUANT TO THIS AGREEMENT) AND THE BREACH APPLICATION OF THE WARRANTIES SET FORTH DOCUMENTATION IN SECTION 10.1TERMS OF CORRECTNESS, CLIENT’S EXCLUSIVE REMEDYACCURACY, AND RED HAT’S ENTIRE LIABILITYRELIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESCURRENTNESS, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNEROTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLIENT MAY TERMINATE BOTH PARTIES EXPRESSLY WAIVE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND APPLICABILITY OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesUNIFORM COMMERCIAL CODE AND ANY OTHER STATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTACREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” " AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDINC BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDINC WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINCEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE CUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY RECULATORY 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, CLIENT’S CLIENT¹S EXCLUSIVE REMEDY, AND RED HAT’S HAT¹S 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. 10.2

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.of

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 The Service is provided by TACTech to Subscriber for use as a guide only. Accordingly: A. TACTech warrants (a) that it has the right to license the use of the Service pursuant to this Agreement; and (b) that, for the duration of this Agreement, the Service and all Equipment supplied by TACTech and used in accordance with the accompanying Documentation will function in accordance with TACTech's published specifications. Except for the foregoing warranty, TACTech MAKES NO REPRESENTATIONS OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS WARRANTIES OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDINGKIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,THOSE , WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. PART OF THE DATA IN THE DATABASE ORIGINATES FROM THIRD PARTIES; TACTech DOES NOT GUARANTEE WARRANT, GUARANTEE, OR WARRANT THAT MAKE ANY REPRESENTATIONS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF THAT DATA OR ANY OTHER ELEMENT IN THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORSSERVICE. FOR THE BREACH ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WARRANTIES SET FORTH IN SECTION 10.1SERVICE IS ASSUMED BY SUBSCRIBER. B. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TACTech, CLIENT’S EXCLUSIVE REMEDYITS AGENTS OR ITS EMPLOYEES SHALL CREATE A WARRANTY AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. C. TACTech SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR THE EQUIPMENT, WHETHER OR NOT FORESEEABLE, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF TACTech AND/OR ITS SUPPLIERS, AND RED HAT’S ENTIRE LIABILITYWHETHER OR NOT EXCLUSIVE REMEDIES ARE DEEMED TO HAVE FAILED, WILL BE EVEN IF TACTech HAS BEEN ADVISED OF THE REPERFORMANCE POSSIBILITY OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH SUCH DAMAGES. D. THE LIABILITY OF TACTech UNDER THIS AGREEMENT SHALL IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF NO EVENT EXCEED THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesBY SUBSCRIBER HEREUNDER.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTThe express warranties in this subsection are in lieu of all other warranties, whether express, implied, or statutory, regarding the Device, LIFECOMM Connectivity Service, LIFECOMM Mobile PERS API, LIFECOMM Web Application Services, or the User Documentation, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights. AMAC acknowledges that it has relied on no warranties other than the express warranties in this Agreement and that no warranties are made by any of LIFECOMM’s suppliers. WITHOUT LIMITING THE SERVICESFOREGOING, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT i) LIFECOMM DOES NOT GUARANTEE OR WARRANT THAT THE USE DEVICE, LIFECOMM CONNECTIVITY SERVICE, LIFECOMM MOBILE PERS API, LIFECOMM WEB APPLICATION SERVICES, OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGE; (ii) LIFECOMM DOES NOT WARRANT THAT THE THIRD PARTY PROVISION OF WIRELESS NETWORK SERVICES WILL NOT FAIL, MALFUNCTION, OR BE DEFECT- OR ERROR-FREE; AND (iii) AMAC DOES NOT WARRANT THAT THE SERVICESPRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGES. EACH PARTY FURTHER UNDERSTANDS AND AGREES THAT THE OTHER PARTY IS NOT RESPONSIBLE FOR ANY HARDWARE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDOTHER PRODUCTS OR SERVICES PROVIDED BY PERSONS OTHER THAN SUCH PARTY, COMPLY WITH REGULATORY REQUIREMENTSINCLUDING WITHOUT LIMITATION, BE ERROR FREE ANY SERVICES PROVIDED BY OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORSON BEHALF OF SUCH PARTY AND/OR ANY OTHER PERSON OR BUSINESS ENTITY. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, 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. Without limiting *** denotes language for which American Medical Alert Corp. will request confidential treatment pursuant to the generality rules and regulations of the foregoing disclaimerSecurities Act of 1933, as amended. Confidential portions portions have been omitted and will be filed separately with the Software, Services Securities 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesExchange Commission.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S '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. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE PRODUCTS AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT SPLENDID DATA “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT SPLENDID DATA EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-NONI INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE). SPLENDID DATA DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT SPLENDID DATA WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HATSPLENDID DATA’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT SPLENDID DATA 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. Without limiting the generality of the foregoing disclaimer, the Software, Products and Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software Products and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. bࡃЫ➨୕ʥࡓࡿ➴ࣥࢲ—k࠾ᐈᵝk✰㛫✰ู㏵✰3⣙࡟࠾ ࠸࡚᫂♧ⓗ࡟ᐃࡵࡽࢀ࡚࠸ࡿሙྜࢆ㝖ࡁ¸ᮏ9—ࣅࢫ¸ᮏ“ ➚ࢺ࢘➦7ཬࡧ»—ࢻ࢘➦7Ы¸Red Hat ࡟ࡼc࡚¸ࠕ⌧≧ ✰ࡲࡲ]¸࠸“࡞ࡿ✀㢮✰ಖドࡲࡓЫ᮲௳(ࡇࢀ࡟Ы௨ୗ✰ u✰ࡀpࡲࢀࡿࡀ¸ࡑࢀࡽ࡟㝈ᐃࡉࢀࡿbࡅ࡛Ы࠶Nࡲ‡ S;᪥ᮏἲ࡟ᇶYࡃಖド(Ẹἲ➨560᮲࡞࠸b➨570᮲ཬࡧg ἲ➨526᮲࡟ᇶYࡃ㯲♧ಖドࢆpBࡀ¸ࡇࢀࡽ࡟㝈ᐃࡉࢀࡿ bࡅ࡛Ы࠶Nࡲ‡S)¸ཬࡧ¸gရᛶ¸㠀ᶒ฼౵ᐖ¸≉ู┠ ⓗ~✰㐺ྜᛶ✰㯲♧ಖド。)u࡞ࡃ¸ᥦ౪ࡉࢀࡲࡍ。Red Hat Ы¸ᮏ9—ࣅࢫ¸ᮏ“➚ࢺ࢘➦7ࡲࡓЫ»—ࢻ࢘➦7✰✲⏝ ࡀ¸୰᩿ࡉࢀ࡞࠸ࡇk¸つไせ௳ࢆ㑂Ᏺb࡚࠸ࡿࡇk¸^y —✰࡞࠸ࡇk¸࡟❜࠸࡚Ыಖドࢆ⾜bࡎ¸ࡉࡽ࡟¸ࡲࡓЫ Red Hat ࡀᮏ“➚ࢺ࢘➦7✰^y—»࡚ࢆಟṇࡍࡿࡇk࡟❜ ࠸࡚u¸ಖドࢆ⾜࠸ࡲ‡S。➨10.1᮲࡟ᐃࡵࡿಖド✰㐪཯࡟ ❜࠸࡚Ы¸࠾ᐈᵝ࡟ᑐࡍࡿ၏~✰ᩆ῭ᥐ⨨ཬࡧ Red Hat ✰» ㈐௵Ы¸Ḟ㝗✰࠶ࡿᮏ9—ࣅࢫ✰෌ᒚ⾜kb¸Red Hat ࡀg ᴗⓗ࡟ྜ⌮ⓗ࡞᪉ἲ࡛㐪཯ࢆᐇ㉁ⓗ࡟ゞṇ࡛ࡁ࡞࠸ሙྜ࡟ Ы¸࠾ᐈᵝЫ¸㛵ಀࡍࡿᮏ9—ࣅࢫࢆ⤊஢b¸Ḟ㝗✰࠶ࡿᮏ 9—ࣅࢫ࡟㛵b࡚ᨭᡶbࢀࡓᮏᩱ㔠ࢆ⤊஢✰Ⓨຠ᪥௜ࡅ࡛ᣨ ศbࡓ㔠㢠✰㏉㔠ࢆpࡅࡿࡇkࡀ࡛ࡁࡿu✰kbࡲࡍ。ୖグ ච㈐つᐃ✰~⯡ᛶࢆไ㝈ࡍࡿࡇk࡞ࡃ¸ᥦ౪ࡉࢀࡿᮏ“➚ࢺ ࢘➦7¸ᮏ9—ࣅࢫཬࡧ»—ࢻ࢘➦7Ы¸(a)ཎᏊຊǸタ✰ィ ⏬¸ᘓタ¸⥔ᣢ¸⟶⌮ⱝbࡃЫ┤᥋㐠Ⴀ࡛✰✲⏝¸(b)㣕⾜ᶵ ✰⯟⾜¸ไᚚⱝbࡃЫ㏻ಙࡸṊჾ✰シࢫz࣒࡛✰✲⏝¸ࡲࡓ Ы(c)┤᥋✰R࿨⥔ᣢシࢫz࣒࡛✰✲⏝✰ࡓࡵ࡟≉࡟タィ¸〇㐀ࡲࡓЫពᅗࡉࢀࡓu✰࡛Ы࠶Nࡲ‡S。࠾ᐈᵝЫ¸ᮏ“➚ ࢺ࢘➦7ཬࡧᮏ9—ࣅࢫ✰฼⏝“ࡽᚓࡓ⤖ᯝ࡟❜࠸࡚Ы¸࠾ ᐈᵝࡀ»࡚✰㈐௵ࢆ㈇࠺ࡇk࡟ྠពbࡲࡍ。

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. XXXXX LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S 'S EXCLUSIVE REMEDY, AND RED HAT’S '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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTActual service coverage, speeds, locations and quality may vary. VRM will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed. Advice and information provided in the course of using our Services is not intended to be, nor should it be construed to be, accounting, tax, or legal advice. If you have issues or questions in those areas, you should consult your accountant and/or attorney. YOUR USE OF THE SERVICES, SOFTWARE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND ANY HARDWARE THE SERVICES ARE PROVIDED BY RED HAT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS WARRANTIES OF ANY KIND AND RED HAT EXCLUDES ALL KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. VRM DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. VRM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, SOFTWARE IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR HARDWARE OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, VRM’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR LIMITED TO THE BREACH OF THE WARRANTIES SET FORTH GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SECTION 10.1, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesSUCH JURISDICTION.

DISCLAIMER OF WARRANTY. EXCEPT THE SERVICE MATERIALS AND EACH OF THE COMPONENTS IS PROVIDED ON AN "AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE IS" AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS ISAVAILABLE” AND BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS WARRANTY OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE AND NON- INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE MATERIALS AND EACH OF THE COMPONENTS IS BORNE BY YOU. SHOULD THE SERVICE MATERIALS OR ANY OF THE COMPONENTS PROVE DEFECTIVE OR INACCURATE, AS THE CASE MAY BE, YOU (AND NOT GUARANTEE AT&T OR WARRANT ITS AFFILIATES OR SUPPLIERS) ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS, IF ANY, IMPLEMENTED BY THE COMPONENTS HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT EACH OF THE COMPONENTS SUFFICIENTLY MEETS YOUR REQUIREMENTS. YOUR USE OF THE SERVICE MATERIALS AND ANY COMPONENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICESSERVICE MATERIALS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SOFTWARE NETWORK OR HARDWARE WILL BE UNINTERRUPTEDOTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Title, COMPLY WITH REGULATORY REQUIREMENTSownership rights, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, 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. Without limiting and Intellectual Property Rights in the generality Service Materials and each of the foregoing disclaimerComponents remain in AT&T and/or Your suppliers. The Service Materials and the Components are protected by the intellectual property laws of the United States. Title and related rights in the content accessed through the Components is the property of the applicable content owner and may be protected by applicable law. This license gives You no rights to such content. This license does not grant You any right to any enhancement or update to, or support or telephone assistance with respect to, the Software, Services and Service Materials or 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesComponents.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTThe express warranties in this subsection are in lieu of all other warranties, whether express, implied, or statutory, regarding the Device, LIFECOMM Connectivity Service, LIFECOMM Mobile PERS API, LIFECOMM Web Application Services, or the User Documentation, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights. AMAC acknowledges that it has relied on no warranties other than the express warranties in this Agreement and that no warranties are made by any of LIFECOMM’s suppliers. WITHOUT LIMITING THE SERVICESFOREGOING, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT i) LIFECOMM DOES NOT GUARANTEE OR WARRANT THAT THE USE DEVICE, LIFECOMM CONNECTIVITY SERVICE, LIFECOMM MOBILE PERS API, LIFECOMM WEB APPLICATION SERVICES, OR ANY PART THEREOF WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGE; (ii) LIFECOMM DOES NOT WARRANT THAT THE THIRD PARTY PROVISION OF WIRELESS NETWORK SERVICES WILL NOT FAIL, MALFUNCTION, OR BE DEFECT- OR ERROR-FREE; AND (iii) AMAC DOES NOT WARRANT THAT THE SERVICESPRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT SUFFER DOWNTIME OR OTHER OUTAGES. EACH PARTY FURTHER UNDERSTANDS AND AGREES THAT THE OTHER PARTY IS NOT RESPONSIBLE FOR ANY HARDWARE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDOTHER PRODUCTS OR SERVICES PROVIDED BY PERSONS OTHER THAN SUCH PARTY, COMPLY WITH REGULATORY REQUIREMENTSINCLUDING WITHOUT LIMITATION, BE ERROR FREE ANY SERVICES PROVIDED BY OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH ON BEHALF OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, SUCH PARTY AND/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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesANY OTHER PERSON OR BUSINESS ENTITY.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED THE LIMITED WARRANTIES IN THIS SECTION 10.1 7 ARE MADE TO LICENSEE EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. AMCOM MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR BY A THIRD PARTY VENDOR DIRECTLY IMPLIED, WITH REGARD TO CLIENT UNDER A SEPARATE AGREEMENTTHE SOFTWARE, THE DOCUMENTATION, HARDWARE, SUPPORT, MAINTENANCE, AND SERVICES, SOFTWARE AND IN WHOLE OR IN PART, OR ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS MATTER UNDER THIS AGREEMENT. AMCOM EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE).RED HAT PURPOSE. AMCOM EXPRESSLY DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICESSOFTWARE, SOFTWARE IN WHOLE 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, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITYPART, WILL BE ERROR FREE. FURTHER, AMCOM EXPRESSLY DOES NOT WARRANT THAT PRODUCTS OR ANY SUPPORT WILL BE USABLE BY LICENSEE IF THE REPERFORMANCE OF DEFICIENT SERVICESPRODUCT HAS BEEN MODIFIED BY ANYONE OTHER THAN AMCOM, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH WILL OPERATE WITHOUT INTERRUPTION, OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN IDENTIFIED IN A COMMERCIALLY REASONABLE MANNERTHE DOCUMENTATION. AMCOM DOES NOT WARRANTY THAT THE SOFTWARE, CLIENT MAY TERMINATE SUPPORT, HARDWARE OR SERVICES ARE FREE OF NONMATERIAL DEFECTS OR THAT THEY WILL MEET THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND SPECIFIC REQUIREMENTS OR NEEDS OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesLICENSEE’S BUSINESS.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.or

DISCLAIMER OF WARRANTY. The Software and the Services are provided AS IS and AS AVAILABLE. NAGRA does not represent or warrant that (i) the Services, the Software (or any portion thereof) will be uninterrupted, error free, free of harmful components, be secure, or that the Services (or any portion thereof) will operate in combination with other hardware, software, systems or data other than as expressly specified in this Agreement or the Documentation or meet your specific business requirements; or (ii) that NAGRA will correct any defects or errors in the Software or Services. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED SET FORTH IN SECTION 10.1 9.1, NAGRA MAKES NO EXPRESS OR BY A THIRD PARTY VENDOR DIRECTLY IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES THEIR CONDITION TO THE MAXIMUM EXTENT PERMISSIBLE PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORSAPPLICABLE LAW. FOR THE BREACH OF NAGRA IS FURNISHING THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY9.1 IN LIEU OF, AND RED HAT’S ENTIRE LIABILITYNAGRA HEREBY EXPRESSLY EXCLUDES, WILL BE THE REPERFORMANCE ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, WHETHER UNDER COMMON LAW, STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT OF DEFICIENT SERVICESTHIRD-PARTY RIGHTS. CUSTOMER ACKNOWLEDGES THAT NAGRA HEREBY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES AND INDEMNITIES, EXPRESSED, STATUTORY OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERIMPLIED, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesTHIRD PARTY EQUIPMENT DELIVERED BY NAGRA HEREUNDER.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE PRODUCTS AND ANY HARDWARE SERVICES ARE PROVIDED BY RED HAT on an “AS IS” and “AS AVAILABLE” BASIS AND WITHOUT SUDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONSEXPRESS AND IMPLIED, CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE. FURTHER SUDS AND DRB DO NOT GUARANTEE REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES, SOFTWARE AND SUDS OR HARDWARE DRB SOLUTION WILL BE UNINTERRUPTEDSECURE, COMPLY WITH REGULATORY REQUIREMENTSTIMELY, BE ERROR UNINTERRUPTED OR ERROR-FREE OR THAT RED HAT OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, (C) ANY STORED DATA OR CONTENT WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESACCURATE, RELIABLE, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERNOT SUBJECT TO LOSS, CLIENT MAY TERMINATE (D) ALL ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND SUDS OFFERINGS ARE FREE OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATIONVIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting SUDS does not warrant that its deliverables will comply with laws or regulations relating to Customer’s business including but not limited to marketing, texting, or privacy laws/regulations. SUDS strives to exceed Customer’s expectations; however, since marketing results can be influenced by various external forces outside of SUDS’ control, SUDS cannot guarantee specific results or a certain return on investment. Notwithstanding the generality foregoing, if the deliverables to be provided to Customer under the Services Agreement were custom web application development, SUDS does warrant that any programming code developed by SUDS as part of its deliverables shall be free of ‘bugs’ for 90 days after the go-live date. For purposes of this paragraph, ‘bugs’ are defined as programming errors that make the application unable to function in a manner defined by the Service Agreement and does not include upgrades or enhancements to the functionality or graphic design changes. Further, SUDS shall have no responsibility to fix any ‘bugs’ that arise after the go-live date where: 1) the Customer or Customer’s designees have gone into the back-end code and made changes, or 2) Customer has changed the website hosting environment; or 3) a third party component that has been made a part of the foregoing disclaimerdeliverables has been updated or changed by the third party component owner after the go-live date. Unless otherwise specifically noted in the Service Agreement, SUDS does not warrant that any deliverables, including but not limited to websites, created for Customer are accessible, Section 508 or ADA-compliant. Development of an accessible website must be specifically agreed to in the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesService Agreement.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in . 10.1 一般👉明与保证 红帽特此👉明并保证：（a）服务保证由合格人员以专业而熟练的方式提供；（b）红帽有权与客户签订本协议；（c）就红帽所知，红帽品牌软件在交付客户时不包含旨在损害或破坏软件的恶意的或隐藏的机制或代码。 10.2 否认保证的👉明 除本第 10.1 条明确规定的情形或第三方销售商另立协议向客户直接承诺的之外， 服务、软件以及任何硬件均由红帽以“现状”条件提供， 并不附带任何保证或条件， 包括有关任何商业适销性、不侵权或适用于某特定目的的任何暗示保证。红帽不担保也不保证： 对服务、软件或硬件的使用不会发生中断， 对服务、软件或硬件的使用符合监管要求， 对服务、软件或硬件的使用不出现错误，以及红帽将修正所有软件错误。若出现对 10.1 条列出的保证的违反， 客户可获的唯一救济和红帽的全部责任是对有缺陷的服务的重新履行， 或者， 如果红帽子北京公司不能以商业上合理的方式充分修正其违约行为， 则客户可终止相关服务， 并在终止生效日收取其为该缺陷服务已支付费用的一定比例款。在不限制前述否认性👉明的一般性的前提下， 所提供的软件、服务和任何硬件并非为以下用途而特别设计、生产或计划： (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, a)核设施的规划、建设、维护、控制、或直接运作， (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.b)飞机导航、控制或通讯系统， 武器系统， 或(c)直接的生命支持系统。客户同意其自身对使用软件和服务得到的结果负全责。

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. 10.2 保証の排除。 第10.1条に明示的に定められている場合、もしくは第三者たるベンダーとお客様との間の別途の契約において明示的に定められている場合を除き、本サービス、本ソフトウェア及びハードウェアは、Red Hat によって、「現状のまま」、いかなる種類の保証または条件（これには以下のものが含まれるが、それらに限定されるわけではありません；日本法に基づく保証（民法第560条ないし第570条及び商法第526条に基づく黙示保証を含むが、これらに限定されるわけではありません）、及び、商品性、非権利侵害、特別目的への適合性の黙示保証。）もなく、提供されます。Red Hat は、本サービス、本ソフトウェアまたはハードウェアの使用が、中断されないこと、規制要件を遵守していること、エラーのないこと、については保証を行わず、さらに、または Red Hat が本ソフトウェアのエラー全てを修正することについても、保証を行いません。第10.1条に定める保証の違反については、お客様に対する唯一の救済措置及び Red Hat の全責任は、欠陥のある本サービスの再履行とし、Red Hat が商業的に合理的な方法で違反を実質的に訂正できない場合には、お客様は、関係する本サービスを終了し、欠陥のある本サービスに関して支払われた本料金を終了の発効日付けで按分した金額の返金を受けることができるものとします。上記免責規定の一般性を制限することなく、提供される本ソフトウェア、本サービス及びハードウェアは、(a)原子力施設の計画、建設、維持、管理若しくは直接運営での使用、(b)飛行機の航行、制御若しくは通信や武器のシステムでの使用、または(c)直接の生命維持システムでの使用のために特に設計、製造または意図されたものではありません。お客様は、本ソフトウェア及び本サービスの利用から得た結果については、お客様が全ての責任を負うことに同意します。

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE THIS AGREEMENT ARE PROVIDED BY RED HAT “ON AN AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONSAS AVAILABLE BASIS. NONE OF COMPANY, CONDITIONS ITS PARENT, SUBSIDIARY OR OTHER TERMS AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A “COMPANY PERSON”) MAKE ANY WARRANTIES OF ANY KIND AND RED HAT EXCLUDES ALL IMPLIED KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).RED HAT DOES PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT GUARANTEE BE INTERRUPTED OR WARRANT ERROR FREE; NOR DO ANY OF THEM 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. COMPANY IS NOT LIABLE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTEDAND EXPRESSLY DISCLAIMS ANY LIABILITY, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITYSERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION 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 TERMINATIONADVICE. Without limiting the generality The terms of the foregoing disclaimer, the Software, Services and this section shall survive any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation termination of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Servicesthis Agreement.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY 10.2 Denegación de Garantía. SALVO LO EXPRESAMENTE PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW (INCLUDING, WITHOUT LIMITATION,THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OR OTHER TERMS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES UNDER THE LAWS OF JAPAN INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES UNDER ARTICLE 560 TO 570 OF THE EXTENT PERMISSIBLE BY LAW (INCLUDINGCIVIL CODE AND ARTICLE 526 OF THE COMMERCIAL CODE, WITHOUT LIMITATION,THOSE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITYNON- INFRINGEMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.. 10.2 ಖド4fi㝖ࠋ ø10.1ª4᫂♧ 4;ØG¢€fi£ ྜ¸¢ 5(ªø୕⪅½£÷SA—¥àⒶᵝ¥4㛫4¾㏵4$⣙4à fi€᫂♧ 4;ØG¢€fi£ ྜ€㝖€¸$9—G^¸$“ ✓ࢺÇ⁄7þ½»—tÇ⁄7ª¸Red Hat 4£⁄€¸’⌧≧ 4££]¸fi“࡞£✀㢮4ಖド£½ªªfl(=¢4ªfif4 ¢4‰p£¢£‰¸€¢G4㝈;€¢£ðfl½ªØk£‡ S;B$‰4ᇶY(ಖド($‰ø560ª࡞fi5ø570ªþ½ ‰ø526ª4ᇶY(㯲♧ಖド€pð‰¸=¢G4㝈;€¢ £ðfl½ªØk£‡S)¸þ½¸ Ⓒ½¸flᶒ฼౵ᐖ¸¼¾ ~4㐺ྜ½4㯲♧ಖドࠋ)¢࡞(¸ ౪€¢£@ࠋRed Hat ª¸$9—G^¸$“✓ࢺÇ⁄7£½ª»—tÇ⁄74 $‰¸$᩿€¢࡞fi=¥¸Ⓒไせfl€ⒸᏲ5€fi£=¥¸ ^y—4࡞fi=¥¸4*fi€ªಖド€⾜𾸀G4¸£½ ª Red Hat ‰$“✓ࢺÇ⁄74^y—»€€£fl@£=¥ 4*fi€¢¸ಖド€⾜fi£‡Sࠋø10.1ª4;Ø£ಖド4‰ þ4*fi€ª¸àⒶᵝ4ᑐ@£၏~4ᩆ‰Ⓒ⨨þ½ Red Hat 4»‰kª¸} 4Ø£$9—G^4$ᒚ⾜¥5¸Red Hat ‰ ᴗ 4ྜ⌮ ࡞F‰½‰þ€}㉁ 4ゞfl½€࡞fi ྜ 4ª¸àⒶᵝª¸㛵ƒ@£$9—G^€⤊†5¸} 4Ø£ $9—G^4㛵5€@flð¢½$ᩱ㔠€⤊†4@ƒB௜fl½ ¼y5½㔠㢠4¾㔠€pfl£=¥‰½€£¢4¥5£@ࠋkグච‰Ⓒ;4~⯡½€ไ㝈@£=¥࡞(¸ ౪€¢£$“✓ ࢺÇ⁄7¸$9—G^þ½»—tÇ⁄7ª¸(a) ƒƒÑタ4ィ⏬¸®タ¸⥔ᣢ¸s⌮@5(ª┤᥋㐠s½4 $¸(b)$⾜ ᶵ4⯟⾜¸ไᚚ@5(ª㏻ಙ@Ṋs4Y^zŁ½4 $¸£ ½ª(c)┤᥋4R࿨⥔ᣢY^zŁ½4 $4½Ø4¼4タィ¸㐀£½ªពᅗ€¢½¢4½ªØk£‡SࠋàⒶᵝª¸$“ ✓ࢺÇ⁄7þ½$9—G^4฼$“Gᚓ½⤖$4*fi€ª¸ àⒶᵝ‰»€4‰k€㈇y=¥4¼ព5£@ࠋ

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY No warranty of performance is made for equipment beyond its being in working order when it leaves Vandaleigh Inc. The equipment is offered for inspection and test at the time of rental. Vandaleigh Inc. is not responsible for any loss resulting from the use of its equipment or other supplies. Products not manufactured by seller are warranted and guaranteed only to extent and in the manner warranted and guaranteed to seller by the manufacturer of said products and then only to the extent that they are able to enforce such warranty or guarantee. VANDALEIGH BEING NEITHER THE MANUFACTURER, NOR SUPPLIER, NOR A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENTDEALER OF THE EQUIPMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT MAKES NO WARRANTIES, REPRESENTATIONSEXPRESS OR IMPLIED, CONDITIONS OR OTHER TERMS OF AS TO ANY KIND AND RED HAT EXCLUDES ALL IMPLIED WARRANTIES MATTER WHATSOEVER RELATING TO THE EXTENT PERMISSIBLE BY LAW (EQUIPMENT, INCLUDING, WITHOUT LIMITATION,THOSE , THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, SATISFACTORY QUALITYITS DESIGN, NON-INFRINGEMENT AND ITS CAPACITY, ITS PERFORMANCE , ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR A ANY PARTICULAR PURPOSE).RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICESPURPOSE, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT RED HAT IT WILL CORRECT ALL SOFTWARE ERRORSMEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. Vandaleigh FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE BREACH EQUIPMENT. VANDALEIGH RENTS THE EQUIPMENT TO LESSEE “AS IS.” VANDALEIGH SHALL NOT BE LIABLE IN ANY EVENT TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, DELAY OR DAMAGE OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICESANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR IF RED HAT CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNERINEFFICIENCY OF, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID EQUIPMENT OR ACCIDENTAL BREAKAGE THEREOF. UNDER NO CIRCUMSTANCES SHALL Vandaleigh OR ITS RELATED PERSONS BE LIABLE FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimerANY CONSEQUENTIAL, the SoftwareINDIRECT, Services and any hardware provided are not specifically designedSPECIAL, manufactured or intended for use in (a) the planningPUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, constructionWHETHER FORSEEABLE OR UNFORSEEABLE, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and ServicesBASED UPON XXXXXX’S CLAIMS.

DISCLAIMER OF WARRANTY. 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 HARDWARE ARE PROVIDED BY RED HAT “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS WARRANTIES OR OTHER TERMS CONDI- TIONS OF ANY KIND AND RED HAT EXCLUDES ALL KIND, INCLUDING THE IMPLIED WARRANTIES TO THE EXTENT PERMISSIBLE BY LAW OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE (INCLUDING, WITHOUT LIMITATION,THOSE , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT TITLE TO ANY OPEN SOURCE SOFTWARE PROVIDED HEREUNDER) AND FITNESS FOR A PARTICULAR PURPOSE).RED PURPOSE. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, 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, CLIENT’S EXCLUSIVE REMEDY, AND RED HAT’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF RED HAT CANNOT SUBSTANTIALLY SUBSTAN- TIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE REASON- ABLE 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. Without limiting the generality of the foregoing disclaimer, the Software, Services 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. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.