Common use of DISCLAIMER OF WARRANTY Clause in Contracts

DISCLAIMER OF WARRANTY. THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.

DISCLAIMER OF WARRANTY. THE DATA RECIPIENT ACKNOWLEDGES AND ANY AGREES THAT, EXCEPT AND ALL INFORMATION AND MATERIALS RELATED ONLY TO THE DATAEXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, SERVICES ARE PROVIDED “AS-AS IS”,” WITHOUT WARRANTY OF ANY KIND, WITHOUT WARRANTIESAND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGAT LAW OR IN EQUITY, BUT NOT LIMITED TOIN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY IMPLIED CONDITIONS REPRESENTATIONS OR WARRANTIES OF IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR USE PURPOSE OR PURPOSEUSE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ALL SUCH REPRESENTATIONS AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE ; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND AS TO PERSON UNDER THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSDA.

DISCLAIMER OF WARRANTY. THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ROUTING SERVICES ARE PROVIDED “AS-IS”, ” AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE ROUTING SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY BATS TRADING, EXCHANGE OR ITS OR THEIR AGENTS, AFFILIATES, LICENSORS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TOTO ANY WARRANTY OF SATISFACTORY QUALITY, ACCURACY, UNINTERRUPTED USE, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ) ARE HEREBY EXPRESSLY OVERRIDDEN, EXCLUDED AND DISCLAIMED. THERE 11. NO LIABILITY FOR TRADES. ABSENT FRAUD OR WILLFUL MISCONDUCT BY BATS TRADING OR A CLAIM ARISING OUT OF BATS TRADING’S INDEMNIFICATION OBLIGATION, USER UNDERSTANDS AND AGREES THAT BATS TRADING IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF NOT LIABLE UNDER THIS ROUTING AGREEMENT TO ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.(INCLUDING

DISCLAIMER OF WARRANTY. THE DATA 3M APP IS PROVIDED “AS IS” AND ANY WITH ALL FAULTS, AND ALL INFORMATION AND MATERIALS RELATED THE ENTIRE RISK AS TO THE DATAUSE AND PERFORMANCE OF THE 3M APP IS WITH USER. SHOULD THE 3M APP PROVE DEFECTIVE, INCLUDING BUT 3M DOES NOT LIMITED HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF USER MOBILE DEVICE OR THE 3M APP. 3M HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES3M APP, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 3M DOES NOT WARRANT THAT THE 3M APP WILL MEET USER REQUIREMENTS IN ANY RESPECT, THAT THE OPERATION OR USE OF THE 3M APP WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN THE 3M APP CAN OR WILL BE CORRECTED, OR THAT 3M SERVICES OR DATA DERIVED FROM USE OF THE 3M APP OR CONTAINED WITHIN THE 3M APP WILL BE ACCURATE, COMPLETE, TIMELY, OR RELIABLE. 3M DOES NOT WARRANT THAT THE 3M APP WILL BE AVAILABLE AT ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEPARTICULAR TIME OR LOCATION OR ON ANY SPECIFIC MOBILE DEVICE, COURSE THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE 3M APP IS FREE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE VIRUSES OR OTHER MATERIALS MADE AVAILABLE HARMFUL COMPONENTS. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS MOBILE DEVICE(S) OR LOSS OF DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDTHAT RESULTS FROM THE DOWNLOAD OR USE OF THE 3M APP. THERE IS NO GUARANTEE USER ACKNOWLEDGES THAT THE DATA OR PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO 3M TO GRANT THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS LICENSE CONTAINED IN THIS AGREEMENT AND TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING PROVIDE USER WITH ACCESS TO THE DATA OR THE DATA SYSTEM3M APP.

DISCLAIMER OF WARRANTY. THE DATA 8.1. Athena warrants that its has proper license of the Tableau Software to provide the Reporting Services as defined in this Agreement. Customer’s only rights in association with a breach of the warranty provided this paragraph is for Athena to (a) 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 or (b) the termination of this agreement with a refund the Customer for the fees paid under this Agreement. 8.2. Other than as provided for in paragraph 8.1 above, the Reporting Service, including the Tableau Software, Standard Reports Package, availability of the Reporting Service and the Reports, are provided ‘as-is’ and without warranty of any kind, express or implied. 8.3. OTHER THAN AS PROVIDED IN THIS AGREEMENT AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, XXXXXX MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE REPORTING SERVICE PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. 8.4. NO ORAL OR PURPOSEWRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEITS DEALERS, COURSE OF DEALING DISTRIBUTORS, AGENTS OR COURSE OF PERFORMANCEEMPLOYEES (COLLECTIVELY, AND OF ANY OTHER “AGENTS”) SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONSCOPE OF THIS WARRANTY. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE FITNESSUSE AND PERFORMANCE OF THE REPORTING SERVICE AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, CAPACITY ACCURACY, RELIABILITY, CURRENTNESS, OR CONDUCT OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSTATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. THE DATA 9.1. OTHER THAN AS PROVIDED IN THIS AGREEMENT AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, XXXXXX MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. 9.2. NO ORAL OR PURPOSEWRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEITS DEALERS, COURSE OF DEALING DISTRIBUTORS, AGENTS OR COURSE OF PERFORMANCEEMPLOYEES (COLLECTIVELY, AND OF ANY OTHER “AGENTS”) SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONSCOPE OF THIS WARRANTY. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE FITNESSUSE AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, CAPACITY ACCURACY, RELIABILITY, CURRENTNESS, OR CONDUCT OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSTATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. THE DATA ACCESS TO CLOUD SERVICE PROVIDER’S SERVICE IS PROVIDED UNDER YOUR SEPARATE TERMS AND CONDITIONS WITH SUCH CLOUD SERVICE PROVIDER, AND WITHOUT ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIEDIMPLIED WARRANTIES FROM VERITAS, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE OR PURPOSE. YOUR ACCESS OF SERVICE ON A THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENT IS SUBJECT TO CHANGES BY THIRD PARTIES PROVIDING SUCH ENVIRONMENTS WHICH ARE OUTSIDE VERITAS’ CONTROL. VERITAS SHALL NOT BE RESPONSIBLE FOR ANY OUTAGES, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEDATA LOSS, COURSE OF DEALING OR COURSE OF PERFORMANCEBUGS, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE TECHNICAL PROBLEMS, OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA ERRORS CAUSED DIRECTLY OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING INDIRECTLY THROUGH YOUR ACCESS TO THE SERVICE ON SUCH NON- VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. YOU SHALL BEAR THE SOLE RISK OF LOSS OF OR DAMAGE TO ANY DATA OR THE DATA SYSTEMTHROUGH USE OF SUCH NON-VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS.

DISCLAIMER OF WARRANTY. PRODUCT IS DEEMED ACCEPTED BY YOU UPON ACCEPTANCE OF THIS XXXX. THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PRODUCT IS PROVIDED “AS-IS”, \"AS IS\" WITHOUT WARRANTIESWARRANTY, EXPRESS OR IMPLIED, INCLUDINGOF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUT NOT LIMITED TOLICENSOR AND ITS SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, INTERFERENCE, INFORMATIONAL CONTENT AND SYSTEM INTEGRATION. THE ENTIRE RISK ARISING OUT OF THE USE OR PURPOSE, ANY IMPLIED PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH YOU. THIS DISCLAIMER OF WARRANTY ARISING FROM TRADE USAGE, COURSE IS AN ESSENTIAL PART OF DEALING OR COURSE OF PERFORMANCE, THIS XXXX. LICENSOR AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE ITS SUPPLIERS DO NOT WARRANT THAT THE DATA OR THE DATA SYSTEM PRODUCT WILL MEET DATA RECIPIENT’S REQUIREMENTSYOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE ERROR FREE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF AN IMPLIED WARRANTY, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMBY JURISDICTION.

DISCLAIMER OF WARRANTY. EXCEPT FOR THE DATA EXPRESS WARRANTIES SET FORTH IN SECTIONS 13.1 TO 13.3, THE PATENTS AND KNOW-HOW PROVIDED BY EACH PARTY HEREUNDER ARE PROVIDED “AS IS” AND EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIESWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ARISING FROM TRADE USAGE, A COURSE OF DEALING DEALING, USAGE OR COURSE OF PERFORMANCETRADE PRACTICES, AND OF ANY OTHER WARRANTY OR OBLIGATION IN ALL CASES WITH RESPECT TO THE DATA PATENTS AND KNOW-HOW OR OTHERWISE WITH RESPECT TO THE ACTIVITIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY EXPRESSLY DOES NOT WARRANT (I) THE SUCCESS OF ACTIVITIES PERFORMED PURSUANT TO THIS AGREEMENT OR (II) THE SAFETY, EFFICACY OR USEFULNESS FOR ANY PURPOSE OF THE PATENTS OR KNOW-HOW IT PROVIDES UNDER THIS AGREEMENT OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES SUBJECT MATTER OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMTHEM.

DISCLAIMER OF WARRANTY. THE DATA EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ABOVE, NEITHER SONY NOR ITS AFFILIATES AND SUPPLIERS MAKE, NOR DOES LICENSEE RECEIVE, ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY REGARDING THE SONY MATERIALS AND THE PLAYSTATION GAME CONSOLE AND/OR THE UNITS OF THE LICENSED PRODUCTS MANUFACTURED HEREUNDER. SONY SHALL NOT BE LIABLE FOR ANY INJURY, INCLUDINGLOSS OR DAMAGE, BUT NOT LIMITED TODIRECT OR CONSEQUENTIAL, ANY ARISING OUT OF THE USE OR INABILITY TO USE THE UNITS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SONY AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO JURISDICTION, REGARDING THE DATA SONY MATERIALS AND THE PLAYSTATION GAME CONSOLE AND/OR THE DATA SYSTEM UNITS MANUFACTURED HEREUNDER. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.

DISCLAIMER OF WARRANTY. THE DATA 8.1. OTHER THAN AS PROVIDED IN THIS AGREEMENT AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, XXXXXX MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. 8.2. NO ORAL OR PURPOSEWRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEITS DEALERS, COURSE OF DEALING DISTRIBUTORS, AGENTS OR COURSE OF PERFORMANCEEMPLOYEES (COLLECTIVELY, AND OF ANY OTHER “AGENTS”) SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONSCOPE OF THIS WARRANTY. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE FITNESSUSE AND PERFORMANCE OF THE SOFTWARE OR SERVICES AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, CAPACITY ACCURACY, RELIABILITY, CURRENTNESS, OR CONDUCT OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSTATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. 8.1 Neither the Licensee nor any of its Affiliates, agents, or employees shall have any right to make any representation, warranty, or promise actually, apparently, or ostensibly on behalf of Autodesk, or relating to any Autodesk product, including the Licensed Software or Documentation. 8.2 TO THE DATA MAXIMUM EXTENT PERMITTED BY LAW, AUTODESK PROVIDES THE LICENSED SOFTWARE, DOCUMENTATION, AND ANY AND ALL INFORMATION AND MATERIALS (IF ANY) SUPPORT SERVICES RELATED TO THE DATALICENSED SOFTWARE (“SUPPORT SERVICES”) AS IS AND WITH ALL FAULTS, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONSHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, ARE PROVIDED “AS-IS”EITHER EXPRESS, WITHOUT WARRANTIES, EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEOF LACK OF VIRUSES, COURSE OF DEALING ACCURACY OR COURSE COMPLETENESS OF PERFORMANCERESPONSES, OF RESULTS, AND OF ANY OTHER WARRANTY OR OBLIGATION LACK OF NEGLIGENCE, ALL WITH RESPECT REGARD TO THE DATA LICENSED SOFTWARE, DOCUMENTATION, AND THE PROVISION OF OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE FAILURE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDPROVIDE SUPPORT SERVICES. ALSO, THERE IS NO GUARANTEE THAT WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE DATA LICENSED SOFTWARE OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONDOCUMENTATION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND ENTIRE RISK AS TO THE FITNESSQUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED SOFTWARE, CAPACITY DOCUMENTATION, AND SUPPORT SERVICES, IF ANY, REMAINS WITH LICENSEE AND THE END-USER. AUTODESK DOES NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR CONDUCT ERROR FREE OR THAT ANY DELIVERABLES SHALL BE SATISFACTORY. THE RIGHTS OF LICENSEE HEREUNDER ARE GRANTED AS A PERMISSION ONLY AND DO NOT IMPLY ANY OTHER PERSON HAVING ACCESS TO THE DATA OBLIGATION OR THE DATA SYSTEMLIABILITY OF AUTODESK EXCEPT AS EXPRESSLY PROVIDED HEREIN.

DISCLAIMER OF WARRANTY. EXCEPT FOR THE DATA EXPRESS WARRANTIES SET FORTH IN SECTIONS 3.1 AND 3.2 NEITHER PARTY MAKES ANY REPRESENTATIONS AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOBY STATUTE OR OTHERWISE, AND ADVIRNA AND OPTIONEE EACH SPECIFICALLY DISCLAIMS ANY IMPLIED CONDITIONS OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR WARRANTIES ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND AS TO THE VALIDITY OF ANY OTHER PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF A LICENSED PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR OBLIGATION THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM LICENSED PRODUCT WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMACHIEVED.

DISCLAIMER OF WARRANTY. AMAG HEREBY ACKNOWLEDGES THAT TAKEDA AND ITS AFFILIATES DO NOT ORDINARILY PROVIDE THE DATA TRANSITION SERVICES TO THIRD PARTIES AS PART OF THEIR BUSINESS ACTIVITIES. EXCEPT AS EXPRESSLY STATED IN THIS [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND ANY FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND ALL INFORMATION AND MATERIALS RELATED EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE DATASECURITIES EXCHANGE ACT OF 1934, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONSAS AMENDED. TERMINATION AGREEMENT, ARE PROVIDED “AS-IS”NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, WITHOUT WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR INCLUDING WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGENONINFRINGEMENT, COURSE OR NON-MISAPPROPRIATION OF DEALING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE MADE OR COURSE GIVEN BY OR ON BEHALF OF PERFORMANCEA PARTY, AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING BY OPERATION OF ANY OTHER WARRANTY LAW OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES OTHERWISE, ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMEXCLUDED.

DISCLAIMER OF WARRANTY. THE DATA INSTANA SERVICE, ACCESS THERETO, AND ANY SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS, AND INSTANA AND ITS AFFILIATES AND AGENTS: (A) DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NONIN- FRINGEMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTY WARRANTIES ARISING FROM TRADE COURSE OF DEALING, USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TRADE PRACTICE; (B) DO NOT WARRANT THAT ACCESS TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM INSTANA SERVICE WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIALUNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY IN- FORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE INSTANA SERVICE IS FREE OF VIRUSES (ALTHOUGH INSTANA REPRESENTS THAT IT WILL USE COMMERCIALLY REA- SONABLE EFFORTS TO AVOID VIRUSES) OR OPERATE WITHOUT DELAY OTHER HARMFUL CONTENTS OR INTERRUPTIONCOMPONENTS; (C) SHALL IN NO EVENT BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE (INCLUDING LOSS OF DATA) CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF THE INSTANA SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCHANGE GIVES NO WARRANTIES EXCLUSION OR LIMITATION OF ANY KIND AS CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, INSTANA’ LIABILITY SHALL BE LIMITED TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMMAXIMUM EXTENT PERMITTED BY LAW.

DISCLAIMER OF WARRANTY. EXCEPT FOR THE DATA EXPLICIT REPRESENTATIONS, WARRANTIES, AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE ENTRUST WAP SERVER CERTIFICATION PRACTICE STATEMENT, ENTRUST WAP SERVER CERTIFICATES, ACCESS TO THE ENTRUST WAP REPOSITORY, AND ANY OTHER INFORMATION OR SERVICES PROVIDED BY ENTRUST IN RESPECT TO THE VERIFICATION OF DIGITAL SIGNATURES IN THE WAP/WTLS ENVIRONMENT ARE PROVIDED "AS IS", AND ENTRUST MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, OR OTHERWISE, AND ENTRUST SPECIFICALLY DISCLAIMS ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAREPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIEDAND CONDITIONS OF MERCHANTABILITY, INCLUDINGNON-INFRINGEMENT, BUT NOT LIMITED TOTITLE, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPLICIT REPRESENTATIONS, WARRANTIES AND CONDITIONS PROVIDED IN THIS AGREEMENT AND THE ENTRUST WAP SERVER CERTIFICATION PRACTICE STATEMENT, THE ENTIRE RISK OF THE USE OF OR PURPOSERELIANCE ON ANY ENTRUST WAP SERVER CERTIFICATES, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCETHE ENTRUST WAP REPOSITORY, AND OF ANY OTHER WARRANTY INFORMATION OR OBLIGATION WITH SERVICES PROVIDED BY ENTRUST IN RESPECT TO THE DATA OR VERIFICATION OF DIGITAL SIGNATURES IN THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, WAP/WTLS ENVIRONMENT SHALL BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMBORNE SOLELY BY YOU.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN CUSTOMER RECEIVES THE DATA AND SOFTWARE “AS IS.” PERFORCE DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAKIND, EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM ALL WARRANTIES AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE PURPOSE AND THOSE ARISING BY STATUTE OR PURPOSE, ANY IMPLIED WARRANTY ARISING OTHERWISE IN LAW OR FROM TRADE USAGE, A COURSE OF DEALING OR COURSE USAGE OR TRADE. OTHER WRITTEN OR ORAL STATEMENTS BY PERFORCE, ITS REPRESENTATIVES OR OTHERS DO NOT CONSTITUTE WARRANTIES OR CONDITIONS OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDPERFORCE. THERE IS NO GUARANTEE NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE DATA OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-ERROR FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONTHAT ERRORS WILL BE CORRECTED AT A PARTICULAR TIME. CUSTOMER ASSUMES RESPONSIBILITY FOR THE EXCHANGE GIVES NO WARRANTIES SELECTION AND TESTING OF ANY KIND THE SOFTWARE TO ACHEIVE CUSTOMER’S INTENDED RESULTS AND FOR THE INSTALLATION USE AND RESULTS OBTAINED FROM IT. THESE LIMITATIONS DO NOT AFFECT CUSTOMER’S STATUTORY RIGHTS AS TO THE FITNESSA CONSUMER, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMIF ANY.

DISCLAIMER OF WARRANTY. RECIPIENT ACKNOWLEDGES THAT NEITHER MCI NOR ANY OF ITS AFFILIATES IS IN THE DATA BUSINESS OF PROVIDING THE SERVICES AND THAT MCI AND THE AFFILIATES ARE PROVIDING THE SERVICES TO RECIPIENT FOLLOWING THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED IN THE PURCHASE AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.06(i)-(ii) (COVENANTS) HEREIN, THE SERVICES TO BE PROVIDED UNDER THIS SERVICES AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIESKIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY IMPLIED CONDITIONS OR WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR USE PURPOSE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO SERVICE PROVIDER MAKES ANY WARRANTY THAT ANY SERVICE COMPLIES WITH ANY LAW, DOMESTIC OR PURPOSEFOREIGN. IN ADDITION, MCI SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR THE ACTIONS, INACTIONS OF, OR ANY OTHER FAILURE TO PERFORM BY, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE THIRD PARTY SERVICE PROVIDER. NOTHING IN THE PRECEDING SENTENCE SHALL LIMIT MCI'S OBLIGATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ENFORCE EXPRESS WARRANTIES IN ANY OF DEALING OR COURSE ITS AGREEMENTS WITH THIRD PARTY SERVICE PROVIDERS FOR THE BENEFIT OF PERFORMANCE, MCI AND OF ANY OTHER WARRANTY OR OBLIGATION RECIPIENT IN ACCORDANCE WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSECTION 2.06(i).

DISCLAIMER OF WARRANTY. THE DATA 8.1. SSG warrants that it has proper license to provide the Xxx.Xx Web Form and Xxx.Xx Import Service as defined in this Agreement. Client’s only rights in association with a breach of the warranty provided this paragraph is for SSG to (a) 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 or (b) the termination of this Xxx.Xx Agreement with a refund the Client for the fees paid under this Xxx.Xx Agreement. 8.2. Other than as provided for in paragraph 8.1 above, the Xxx.Xx Web Form and Xxx.Xx Import Service, and availability of the Xxx.Xx Web Form and Xxx.Xx Import Service, are provided ‘as-is’ and without warranty of any kind, express or implied. 8.3. OTHER THAN AS PROVIDED IN THIS XXX.XX AGREEMENT AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SSG MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE XXX.XX WEB FORM AND XXX.XX IMPORT SERVICE PROVIDED PURSUANT TO THIS XXX.XX AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT. 8.4. NO ORAL OR PURPOSEWRITTEN INFORMATION OR ADVICE GIVEN BY SSG, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEITS DEALERS, COURSE OF DEALING DISTRIBUTORS, AGENTS OR COURSE OF PERFORMANCEEMPLOYEES (COLLECTIVELY, AND OF ANY OTHER “AGENTS”) SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONSCOPE OF THIS WARRANTY. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND CLIENT ASSUMES THE ENTIRE RISK AS TO THE FITNESSUSE AND PERFORMANCE OF THE XXX.XX WEB FORM AND XXX.XX IMPORT SERVICE AND THE APPLICATION OF THE XXX.XX DOCUMENTATION IN TERMS OF CORRECTNESS, CAPACITY ACCURACY, RELIABILITY, CURRENTNESS, OR CONDUCT OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSTATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. THE DATA 8.1. Athena warrants that it has proper license to provide the Xxx.Xx Web Form and Xxx.Xx Import Service as defined in this Agreement. Customer’s only rights in association with a breach of the warranty provided this paragraph is for Athena to (a) 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 or (b) the termination of this Xxx.Xx Agreement with a refund the Customer for the fees paid under this Xxx.Xx Agreement. 8.2. Other than as provided for in paragraph 8.1 above, the Xxx.Xx Web Form and Xxx.Xx Import Service, and availability of the Xxx.Xx Web Form and Xxx.Xx Import Service, are provided ‘as-is’ and without warranty of any kind, express or implied. 8.3. OTHER THAN AS PROVIDED IN THIS XXX.XX AGREEMENT AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, XXXXXX MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE XXX.XX WEB FORM AND XXX.XX IMPORT SERVICE PROVIDED PURSUANT TO THIS XXX.XX AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. 8.4. NO ORAL OR PURPOSEWRITTEN INFORMATION OR ADVICE GIVEN BY XXXXXX, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEITS DEALERS, COURSE OF DEALING DISTRIBUTORS, AGENTS OR COURSE OF PERFORMANCEEMPLOYEES (COLLECTIVELY, AND OF ANY OTHER “AGENTS”) SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONSCOPE OF THIS WARRANTY. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE FITNESSUSE AND PERFORMANCE OF THE XXX.XX WEB FORM AND XXX.XX IMPORT SERVICE AND THE APPLICATION OF THE XXX.XX DOCUMENTATION IN TERMS OF CORRECTNESS, CAPACITY ACCURACY, RELIABILITY, CURRENTNESS, OR CONDUCT OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSTATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. 7.1 THE DATA PROFILER API IS PROVIDED TO LICENSEE ON AN “AS IS” AND ANY AND ALL INFORMATION AND MATERIALS RELATED “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE PROFILER API IS AT YOUR OWN RISK. 7.2 JETBRAINS MAKES NO WARRANTY AS TO THE DATA, INCLUDING BUT NOT LIMITED PROFILER API’S USE OR PERFORMANCE. TO THE DATA SYSTEM MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (AND DATA SPECIFICATIONSITS AFFILIATES, ARE PROVIDED SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), AND ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE) AND RESELLERS (COLLECTIVELY HEREUNDER, “AS-ISJETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WITHOUT WARRANTIES, WHETHER EXPRESS OR IMPLIED, IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCETITLE, AND OF ANY OTHER WARRANTY OR OBLIGATION NON-INFRINGEMENT) WITH RESPECT REGARD TO THE DATA PROFILER API AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 7.3 TO THE DATA SYSTEM MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JETBRAINS PARTIES DO NOT REPRESENT OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE WARRANT THAT THE DATA PROFILER API: (A) IS ACCURATE, RELIABLE, OR THE DATA SYSTEM CORRECT; (B) WILL MEET DATA RECIPIENT’S ANY LICENSEE REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.;

DISCLAIMER OF WARRANTY. THE DATA Section 1.2 RECIPIENT ACKNOWLEDGES AND ANY AGREES THAT, EXCEPT AND ALL INFORMATION AND MATERIALS RELATED ONLY TO THE DATAEXTENT PROVIDED IN SECTION 3.1 OR ANNEX B HERETO, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, SERVICES ARE PROVIDED “AS-AS IS”,” WITHOUT WARRANTY OF ANY KIND, WITHOUT WARRANTIESAND THAT RECIPIENT ASSUMES ALL RISKS AND LIABILITIES ARISING FROM OR RELATING TO ITS AND RECIPIENT SUBSIDIARIES’ USE OF AND RELIANCE UPON THE SERVICES. ACCORDINGLY, SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, NONE OF PROVIDER OR ITS REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDINGAT LAW OR IN EQUITY, BUT NOT LIMITED TOIN CONNECTION WITH OR WITH RESPECT TO ANY OF THE SERVICES, INCLUDING WITH RESPECT TO ANY IMPLIED CONDITIONS REPRESENTATIONS OR WARRANTIES OF IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR USE PURPOSE OR PURPOSEUSE. SUBJECT TO SECTION 3.1 AND ANNEX B HERETO, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ALL SUCH REPRESENTATIONS AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE ; PROVIDED, THAT THIS AGREEMENT SHALL NOT IN ANY WAY LIMIT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND AS TO PERSON UNDER THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSDA.

DISCLAIMER OF WARRANTY. EXCEPT FOR THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO LIMITED WARRANTY SET FORTH IN SECTION 5, THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS-IS”” WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, WITHOUT WARRANTIESTHAT OPERATION WILL BE UNINTERRUPTED, EXPRESS ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE, OR WORK IN COMBINATION WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SYSTEMS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EXCEPT AS SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGETITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING OR DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE ARE EXPRESSLY DISCLAIMED BY LICENSOR AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT ITS THIRD-PARTY SUPPLIERS AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDAFFILIATES. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTSLicensee acknowledges that Licensee is responsible for the selection of the Licensed Software to achieve Licensee’s intended results and for the installation and/or use of, BE COMPLETEand results obtained from, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMthe Licensed Software.

DISCLAIMER OF WARRANTY. THE DATA 8.1. SSG warrants that its has proper license of the Tableau Software to provide the Reporting Services as defined in this Agreement. Client’s only rights in association with a breach of the warranty provided this paragraph is for SSG to (a) 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 or (b) the termination of this agreement with a refund the Client for the fees paid under this Agreement. 8.2. Other than as provided for in paragraph 8.1 above, the Reporting Service, including the Tableau Software, Standard Reports Package, availability of the Reporting Service and the Reports, are provided ‘as-is’ and without warranty of any kind, express or implied. 8.3. OTHER THAN AS PROVIDED IN THIS AGREEMENT AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SSG MAKES NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE REPORTING SERVICE PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS IMPLIED WARRANTIES OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT. 8.4. NO ORAL OR PURPOSEWRITTEN INFORMATION OR ADVICE GIVEN BY SSG, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEITS DEALERS, COURSE OF DEALING DISTRIBUTORS, AGENTS OR COURSE OF PERFORMANCEEMPLOYEES (COLLECTIVELY, AND OF ANY OTHER “AGENTS”) SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTIONSCOPE OF THIS WARRANTY. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND CLIENT ASSUMES THE ENTIRE RISK AS TO THE FITNESSUSE AND PERFORMANCE OF THE REPORTING SERVICE AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, CAPACITY ACCURACY, RELIABILITY, CURRENTNESS, OR CONDUCT OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSTATUTORY COMMERCIAL TERMS.

DISCLAIMER OF WARRANTY. EXCEPT FOR THE DATA EXPRESS WARRANTIES SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOBY STATUTE OR OTHERWISE, AND ADVIRNA AND RXi EACH SPECIFICALLY DISCLAIMS ANY IMPLIED CONDITIONS OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR WARRANTIES ORAL, EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND AS TO THE VALIDITY OF ANY OTHER PATENT RIGHTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, MANUFACTURE AND COMMERCIALIZATION OF A ROYALTY-BEARING PRODUCT PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL OR OBLIGATION THAT ANY PARTICULAR SALES LEVEL WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM ROYALTY-BEARING PRODUCT WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMACHIEVED.

DISCLAIMER OF WARRANTY. THE DATA EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ---------------------- HEREIN, NEITHER SCEA NOR ITS AFFILIATES AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATASUPPLIERS MAKE, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONSNOR DOES PUBLISHER RECEIVE, ARE PROVIDED “AS-IS”, WITHOUT ANDY REPRESENTATIONS OR WARRANTIES, EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDINGREGARDING THE SONY MATERIALS, BUT SCEA'S CONFIDENTIAL INFORMATION THE SYSTEM, THE UNITS OF The LICENSED PRODUCTS MANUFACTURED HEREUNDER AND/OR PUBLISHER'S PRODUCT INFORMATION INCLUDED ON SCEA DEMO DISCS. SCEA SHALL NOT LIMITED TOBE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE ANY UNITS AND/OR ANY SOFTWARE ERRORS AND/OR "BUGS" IN PUBLISHER'S PRODUCT INFORMATION WHICH MAY B REPRODUCED ON SCEA DEMO DISCS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEA ND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SONY MATERIALS, SCEA'S CONFIDENTIAL INFORMATION, LICENSED PRODUCTS, SCEA DEMO DISCS AND THE SYSTEM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY COMPARABLE STATUE IS EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.

DISCLAIMER OF WARRANTY. FUNDPANEL PROVIDES THE DATA SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. FUNDPANEL, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "FUNDPANEL PARTIES") MAKE NO WARRANTIES. THE FUNDPANEL PARTIES DISCLAIM ANY AND ALL INFORMATION WARRANTIES, EXPRESS, STATUTORY AND MATERIALS RELATED TO THE DATAIMPLIED, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR LIMITATION (1) WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES ARISING FROM TRADE USAGE, THROUGH COURSE OF DEALING OR COURSE USAGE OF PERFORMANCETRADE; AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. FUNDPANEL MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND OF AT ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR TIME AND FOR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT REASON; AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO (4) ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO FUNDPANEL DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY KIND AS MODIFICATION, EXTENSION, OR ADDITION TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMTHIS WARRANTY.

DISCLAIMER OF WARRANTY. The foregoing constitutes Landlord's only warranty with respect to the Leasehold Improvements. TENANT ACKNOWLEDGES THAT THE DATA CONSTRUCTION AND ANY INSTALLATION OF THE INITIAL TENANT IMPROVEMENTS, IF ANY, TO BE PROVIDED BY LANDLORD, WILL BE PERFORMED BY XXXXXX ADREAC QUEST, L.C. D.B.A. QUEST CONSTRUCTION COMPANY AND ALL INFORMATION THAT LANDLORD HAS MADE AND MATERIALS RELATED NVILL MAKE NO WARRANTIES TO TENANT WITH RESPECT TO THE DATA, INCLUDING BUT NOT LIMITED QUALITY OF CONSTRUCTION THEREOF OR AS TO THE DATA SYSTEM AND DATA SPECIFICATIONSCONDITION OF THE PREMISES, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND THAT LANDLORD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM TRADE USAGETHAT THE LEASED PREMISES ARE OR WILL BE SUITABLE FOR TENANT'S INTENDED COMMERCIAL PURPOSE. AS SET FORTH IN SECTION 4.04 (c) OF THIS LEASE, COURSE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.01(c) HEREOF. TENANT'S OBLIGATION TO PAY BASE AND ADDITIONAL RENTAL HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF DEALING THE LEASED PREMISES OR COURSE THE BUILDING OR THE PERFORMANCE BY LANDLORD, QUEST CONSTRUCTION COMPANY, TENANT OR ANY CONTRACTOR OF PERFORMANCETENANT OF ANY OBLIGATIONS HEREUNDER, AND TENANT SHALL CONTINUE TO PAY THE BASE AND ADDITIONAL RENTAL WITHOUT ABATEMENT, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD CONTRACTOR OF ANY OTHER WARRANTY THEIR DUTIES OR OBLIGATION WITH RESPECT TO THE DATA OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDIMPLIED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTSHowever, BE COMPLETELandlord agrees that in the event that any defect in the construction of the Initial Tenant Improvements is discovered, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMTenant shall have the right to pursue and seek to enforce any warranties of each contractors) and/or manufacturer of any defective materials incorporated therein in Tenant's own name.

DISCLAIMER OF WARRANTY. (a) IF PEROT SYSTEMS ACQUIRXX XXY THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES FOR CALPX UNDER THIS AGREEMENT AT THE DATA REQUEST OF CALPX, PEROT SYSTEMS SHALL XXXXXDE SUCH THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES ON AN "AS IS" BASIS, BUT PEROT SYSTEMS SHALL XXX XEASONABLE COMMERCIAL EFFORTS TO ASSIST CALPX IN ENFORCING ANY THIRD-PARTY WARRANTY AND SHALL PASS THROUGH TO CALPX THE BENEFIT OF ANY SUCH WARRANTY. (b) EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN THIS AGREEMENT, EACH PARTY DOES NOT MAKE, AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAHEREBY DISCLAIMS, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF THE MERCHANTABILITY, BUT NOT LIMITED TOSUITABILITY, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING OR RESULTS TO BE DERIVED FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND THE USE OF ANY OTHER WARRANTY RESOURCES, SERVICES OR OBLIGATION WITH RESPECT MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. (c) PEROT SYSTEMS DISCLAXXX XLL REPRESENTATIONS OR WARRANTIES THAT ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL IDENTIFY OR RESOLVE CALPX'S YEAR 2000 PROBLEM AREAS. PEROT SYSTEMS SHALL XXX XE LIABLE FOR ANY FAILURE TO IDENTIFY OR CORRECT CALPX'S YEAR 2000 PROBLEM AREAS REGARDLESS OF THE DATA OR FORM OF THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE CLAIM, EXCEPT FOR PEROT SYSTEMS OBLIGATIONS TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMPROVIDE SERVICES DESCRIBED IN SECTION 9.4.

DISCLAIMER OF WARRANTY. THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO (1) THE DATA SYSTEM AND DATA SPECIFICATIONS, SERVICES ARE PROVIDED “AS-AS IS”” AND WITHOUT WARRANTY OF ANY KIND, WITHOUT WARRANTIESAND (2) WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND RELIABLE; (IV) THE QUALITY OF ANY OTHER WARRANTY SERVICES OR OBLIGATION WITH RESPECT INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE DATA OR PAYMENT OF ANY REFUNDS, THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER TIMELINESS OF SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM PAYMENT WILL MEET DATA RECIPIENT’S REQUIREMENTSYOUR EXPECTATIONS. IN ADDITION, BE COMPLETE, ACCURATE, SEQUENTIAL, ERRORWE MAKE NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMPARTY PRODUCTS.

DISCLAIMER OF WARRANTY. THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, MAINTAINED ON OR ACCESSED BY WAY OF THIS SITE ARE PROVIDED “AS-"AS IS”" WITHOUT WARRANTIES OF ANY KIND, WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, ANY ALL IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. ROCKWELL AUTOMATION DOES NOT WARRANT OR MAKE ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEREPRESENTATIONS REGARDING THE USE, COURSE VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF DEALING THE USE OF, OR COURSE OTHERWISE, RESPECTING THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF PERFORMANCETHIS SITE OR ANY WEB SITES LINKED TO THIS SITE. FURTHERMORE, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND OF ANY OTHER WARRANTY OR OBLIGATION GUARANTEES WITH RESPECT TO THE DATA ACCURACY, OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE DATA SYSTEM SOFTWARE, SYSTEMS AND SERVICES COMPRISING OR ANY SOFTWARE UTILIZED IN THE OPERATION OF THIS SITE, WHETHER EXPRESS OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTSIMPLIED, BE COMPLETEARISING BY LAW, ACCURATECUSTOM, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.PRIOR ORAL

DISCLAIMER OF WARRANTY. (a) IF PEROT SYSTEMS ACQUIRES ANY THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES FOR CALPX UNDER THIS AGREEMENT AT THE DATA REQUEST OF CALPX, PEROT SYSTEMS SHALL PROVIDE SUCH THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES ON AN "AS IS" BASIS, BUT PEROT SYSTEMS SHALL USE REASONABLE COMMERCIAL EFFXXXX TO ASSIST CALPX IN ENFORCING ANY THIRD-PARTY WARRANTY AND SHALL PASS THROUGH TO CALPX THE BENEFIT OF ANY SUCH WARRANTY. (b) EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN THIS AGREEMENT, EACH PARTY DOES NOT MAKE, AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAHEREBY DISCLAIMS, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF THE MERCHANTABILITY, BUT NOT LIMITED TOSUITABILITY, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING OR RESULTS TO BE DERIVED FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND THE USE OF ANY OTHER WARRANTY RESOURCES, SERVICES OR OBLIGATION WITH RESPECT MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. (c) PEROT SYSTEMS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL IDENTIFY OR RESOLVE CALPX'S YEAR 2000 PROBLEM AREAS. PEROT SYSTEMS SHALL NOT BE LIABLE FOR ANY FAILURE XX XDENTIFY OR CORRECT CALPX'S YEAR 2000 PROBLEM AREAS REGARDLESS OF THE DATA OR FORM OF THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE CLAIM, EXCEPT FOR PEROT SYSTEMS OBLIGATIONS TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMPROVIDE SERVICES DESXXXXXD IN SECTION 9.4.

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE DATA PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), THE PORTAL AND ANY AND ALL INFORMATION AND RELATED MATERIALS RELATED PROVIDED TO CUSTOMER IN CONNECTION WITH THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, SOFTWARE SERVICES ARE PROVIDED “AS-AS IS”,” AND ROAM MAKES NO REPRESENTATIONS OR WARRANTIES, WITHOUT AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGRELATING DIRECTLY OR INDIRECTLY TO THE PRODUCTS, BUT NOT LIMITED TOSERVICES (INCLUDING SOFTWARE SERVICES), THE PORTAL OR RELATED MATERIALS PROVIDED TO CUSTOMER IN CONNECTION WITH THE SOFTWARE SERVICES, WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. ROAM MAKES NO REPRESENTATION OR WARRANTY THAT THE PERFORMANCE OF THE SOFTWARE SERVICES, PORTAL OR RELATED MATERIALS WILL OPERATE ERROR-FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT SUCH PRODUCTS, SERVICES (INCLUDING SOFTWARE SERVICES), PORTAL AND/OR RELATED MATERIALS ARE COMPATIBLE WITH ANY IMPLIED PARTICULAR APPLICATIONS OR PLATFORMS OTHER THAN THOSE PROVIDED OR SET FORTH IN THE SPECIFICATIONS AND/OR USER GUIDE FOR THE PRODUCTS OR SOFTWARE SERVICES. ROAM DOES NOT WARRANT THAT ANY NONCONFORMANCES IN SOFTWARE SERVICES, PORTAL AND/OR RELATED MATERIALS WILL BE CORRECTED. ROAM DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, RESULTS, OR OUTPUT OF THE SOFTWARE SERVICES, OR SECURITY OF THE SOFTWARE SERVICES OR ANY INFORMATION TRANSMITTED TO OR FROM CUSTOMER OR ANY USER OVER THE INTERNET, INCLUDING THROUGH THE USE OF E-MAIL. NO WARRANTY ARISING SPECIFICALLY SET FORTH ABOVE MAY BE MODIFIED OR AMENDED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF ROAM. NO AGENT, DISTRIBUTOR, CONTRACTOR, OR OTHER SUPPLIER OF ROAM PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND SUCH WARRANTIES WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM TRADE USAGE, COURSE OF DEALING ROAM. NO WARRANTY CREATED BY ADVICE. NO ORAL OR COURSE OF PERFORMANCE, AND OF ANY OTHER WRITTEN INFORMATION OR ADVICE GIVEN BY ROAM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO IN ANY WAY INCREASE THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES SCOPE OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMROAM'S OBLIGATIONS HEREUNDER.

DISCLAIMER OF WARRANTY. ALL CISCO TECHNOLOGY PROVIDED UNDER THIS AGREEMENT IS PROVIDED “AS IS” AND WITHOUT SUPPORT OF ANY KIND. MEMBER ACKNOWLEDGES THAT THE CISCO TECHNOLOGY IS A PROTOTYPE THAT IS NOT COMMERCIALLY AVAILABLE, HAS NOT BEEN TESTED, HAS NOT COMPLETED SECURITY VALIDATION, AND MAY CONTAIN DEFECTS. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT CISCO TECHNOLOGY PROVIDED HEREUNDER IS NOT IN FINAL FORM OR FULLY FUNCTIONAL, MAY CONTAIN ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, AND MAY RESULT IN UNPREDICTABLE PERFORMANCE, INCLUDING LOSS OR EXPOSURE OF DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED OR OTHER DAMAGE. TO THE DATAGREATEST EXTENT PERMITTED BY LAW, CISCO DISCLAIMS ALL WARRANTIES IN CONNECTION WITH SUCH CISCO TECHNOLOGY, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM MODIFICATIONS AND DATA SPECIFICATIONSIMPROVEMENTS THERETO, ARE PROVIDED “AS-IS”WHETHER EXPRESS, WITHOUT IMPLIED, OR STATUTORY. CISCO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR INCLUDING WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY OR ARISING FROM TRADE A COURSE OF DEALING, USAGE, COURSE OR TRADE PRACTICE. CISCO DOES NOT REPRESENT OR WARRANT THAT ANY CISCO TECHNOLOGY DISCLOSED AS PART OF DEALING THIS PROGRAM WILL EVER BE COMMERCIALIZED OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY RELEASED IN A PRODUCT OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMSERVICE.

DISCLAIMER OF WARRANTY. WITH THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO EXCEPTION OF THE DATASERVICE LEVEL COMMITMENT SET FORTH IN SECTION 2.4, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, SERVICES UNDER THIS AGREEMENT ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED,” EXCLUSIVE OF ANY WARRANTY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGENONINFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY WARRANTY, WHETHER EXPRESS OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDIMPLIED. THERE IS NO GUARANTEE SEW DOES NOT WARRANT THAT THE DATA SERVICES ARE OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE MEET ALL CUSTOMER REQUIREMENTS. WITHOUT DELAY LIMITING THE FOREGOING, SERVICES MAY BE SUBJECT TO LIMITATIONS OF THE TELECOMMUNICATIONS PROVIDER, HOSTING ENVIRONMENT, DELAYS, INTERNET SERVICE PROVIDER, THIRD PARTIES, ACTIONS OR INTERRUPTIONINACTIONS OF THE CUSTOMER, AND OTHER PROBLEMS INHERENT TO THE USE OF MASS-MARKET NOTIFICATION SERVICES AND ELECTRONIC COMMUNICATIONS. SEW IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DELETIONS, LOSS OF DATA, DATA CORRUPTION, THIRD-PARTY PUBLICATION, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS NOT CAUSED BY SEW OR OUTSIDE OF SEW’S REASONABLE CONTROL. TO THE EXCHANGE GIVES NO WARRANTIES EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY KIND AS APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. SEW SHALL NOT BE LIABILE AND WILL HAVE NO OBLIGATION TO THE FITNESS, CAPACITY INDEMNIFY CUSTOMER FOR END USER DATA OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS PERSONALLY IDENTIFIABLE INFORMATION SENT TO THE DATA OR THE DATA SYSTEMSEW.

DISCLAIMER OF WARRANTY. THE DATA PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER. ELEKTA DISCLAIMS ALL WARRANTIES WITH REGARDS TO THE PRODUCT INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY NON-INFRINGEMENT, AND ALL INFORMATION AND MATERIALS RELATED TO OBLIGATIONS OR LIABILITIES ON THE DATAPART OF ELEKTA FOR DAMAGES, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS INCIDENTAL OR WARRANTIES OF MERCHANTABILITY CONSEQUENTIAL DAMAGES ARISING OUT OF, OR FITNESS FOR A PARTICULAR IN CONJUNCTION WITH, THE USE OR PURPOSEPERFORMANCE OF THE PRODUCT • LIMITATIONS ON LIABILITY. IN NO EVENT WILL ELEKTA BE LIABLE FOR (1) INDIRECT, INCIDENTAL, COST OF SUBSTITUTE PROCUREMENT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR (2) ANY IMPLIED WARRANTY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT RESULTING FROM TRADE USAGE, COURSE ANY DEFECT IN THE PRODUCTS EVEN IF ELEKTA HAS BEEN ADVISED OF DEALING OR COURSE THE POSSIBILITY OF PERFORMANCESUCH DAMAGES, AND REGARDLESS OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT THE THEORY OF LIABILITY GIVING RISE TO SUCH DAMAGES. CUSTOMER AGREES THAT ELEKTA’S TOTAL MAXIMUM LIABILITY FOR DAMAGES, IF ANY, SHALL NOT EXCEED THE DATA OR SUMS PAID TO ELEKTA BY CUSTOMER FOR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMPRODUCT.

DISCLAIMER OF WARRANTY. (a) IF XXXXX SYSTEMS ACQUIRES ANY THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES FOR CALPX UNDER THIS AGREEMENT AT THE DATA REQUEST OF CALPX, XXXXX SYSTEMS SHALL PROVIDE SUCH THIRD-PARTY SOFTWARE, HARDWARE OR SERVICES ON AN "AS IS" BASIS, BUT XXXXX SYSTEMS SHALL USE REASONABLE COMMERCIAL EFFORTS TO ASSIST CALPX IN ENFORCING ANY THIRD-PARTY WARRANTY AND SHALL PASS THROUGH TO CALPX THE BENEFIT OF ANY SUCH WARRANTY. (b) EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN THIS AGREEMENT, EACH PARTY DOES NOT MAKE, AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAHEREBY DISCLAIMS, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF THE MERCHANTABILITY, BUT NOT LIMITED TOSUITABILITY, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING OR RESULTS TO BE DERIVED FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND THE USE OF ANY OTHER WARRANTY RESOURCES, SERVICES OR OBLIGATION WITH RESPECT MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. (c) XXXXX SYSTEMS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL IDENTIFY OR RESOLVE CALPX'S YEAR 2000 PROBLEM AREAS. XXXXX SYSTEMS SHALL NOT BE LIABLE FOR ANY FAILURE TO IDENTIFY OR CORRECT CALPX'S YEAR 2000 PROBLEM AREAS REGARDLESS OF THE DATA OR FORM OF THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE CLAIM, EXCEPT FOR XXXXX SYSTEMS OBLIGATIONS TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMPROVIDE SERVICES DESCRIBED IN SECTION 9.4.

DISCLAIMER OF WARRANTY. THE DATA AND LIMITATION OF LIABILITY IN NO EVENT (EXCEPT FOR FRAUD OR WILFULL MISCONDUCT) SHALL ALPHASSL CA or GLOBALSIGN NV/SA BE LIABLE FOR ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONSOR OTHER INDIRECT, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS CONSEQUENTIAL OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY PUNITIVE DAMAGES ARISING FROM TRADE USAGEOR IN CONNECTION WITH THE USE, COURSE DELIVERY, LICENSE, PERFORMANCE OR NONPERFORMANCE OF DEALING CERTIFICATES, DIGITAL SIGNATURES, OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY TRANSACTIONS OR OBLIGATION SERVICES OFFERED OR CONTEMPLATED BY THE CPS, EXCEPT FOR DAMAGE DUE TO RELIANCE (IN ACCORDANCE WITH RESPECT THE CPS) ON THE VERIFIED INFORMATION ON THE MOMENT OF ISSUANCE OF THE CERTIFICATE IN THE ALPHASSL CERTIFICATE TILL AN AMOUNT OF USD 1000. ALPHASSL CA WILL NOT BE LIABLE IN THIS CASE IF THE FAULT IN THIS VERIFIED INFORMATION IS DUE TO FRAUD OR WILFULL MIDCONDUCT OF THE DATA OR APPLICANT. XXXXXXXX CA WILL NOT BE LIABLE IN THIS CASE IF THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES USER HAS NOT RESPECTED HIS OBLIGATIONS MENTIONED AMONGST OTHERS IN ARTICLE 4 OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMTHIS AGREEMENT.

DISCLAIMER OF WARRANTY. THE DATA SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT ANY TECHNICAL SUPPORT OR MAINTENANCE SERVICES, UNLESS EXPLICTLY STATED IN YOUR PURCHASE AGREEMENT. IMAGENAI DISCLAIMS ALL WARRANTIES AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAREPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ANY PART THEREOF (INCLUDING SERVICE DOCUMENTATION AND THE CONTENT), INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGEQUALITY, COURSE OF DEALING OR COURSE OF NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AND OF ANY OTHER WARRANTY SECURITY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDACCURACY. THERE IS NO GUARANTEE IMAGENAI DOES NOT WARRANT THAT THE DATA SERVICE WILL OPERATE IN AN UNINTERRUPTED OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE MANNER OR OPERATE WITHOUT DELAY THAT ANY DEFECTS OR INTERRUPTIONERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE EXCHANGE GIVES NO WARRANTIES USE OF ANY KIND AS TO THE FITNESSSERVICE IS ENTIRELY, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO AT THE DATA OR MAXIMUM PERMITTED BY THE DATA SYSTEMAPPLICABLE LAW, AT YOUR OWN RISK.

DISCLAIMER OF WARRANTY. EXCEPT FOR THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATAWARRANTIES SET FORTH IN THIS ARTICLE 8, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONSJUNO MAKES NO WARRANTY, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGAND SPECIFICALLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE JUNO SERVICE OF MERCHANTABILITY, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY NONINFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. SPECIFICALLY, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AT&T ACKNOWLEDGES AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE DATA OR THE DATA SYSTEM OR ANY SOFTWARE UNDERSTANDS THAT JUNO MAY ENCOUNTER TECHNICAL OR OTHER MATERIALS MADE AVAILABLE DIFFICULTIES WHICH MAKE PROVIDING THE JUNO SERVICE UNFEASIBLE OR REQUIRE JUNO TO DATA RECIPIENT ALTER THE CONTENT OR STRUCTURE OF THE JUNO SERVICE IN ITS CURRENT FORM. IN THE EVENT THAT JUNO ENCOUNTERS SUSTAINED TECHNICAL DIFFICULTIES WHICH HAVE A MATERIAL ADVERSE EFFECT ON THE ABILITY OF JUNO TO PROVIDE ADVERTISING IMPRESSIONS TO AT&T AS CONTEMPLATED UNDER THIS AGREEMENT, THEN AT&T SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT UPON FIFTEEN DAYS PRIOR WRITTEN NOTICE, WITH NO FURTHER OBLIGATION TO JUNO (EXCEPT THAT AT&T SHALL PAY TO JUNO ANY MARKETING DEVELOPMENT COSTS, AT&T SUBSCRIBER REVENUES AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT AT&T SUBSCRIBER ROYALTIES INCURRED OR ACCRUED THROUGH THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES DATE OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMTERMINATION).

DISCLAIMER OF WARRANTY. THE DATA FOREGOING LIMITED EXPRESS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OF MERCURY AND ITS LICENSORS WITH RESPECT TO THE MERCURY SOFTWARE AND MEDIA AND THEIR USE, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND MERCURY AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION . MERCURY SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE DATA THIRD PARTY SOFTWARE, EXPRESSED OR THE DATA SYSTEM OR IMPLIED, INCLUDING ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO IMPLIED WARRANTIES OF ANY KIND AS NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE ABOVE, TO THE FITNESSEXTENT A THIRD PARTY LICENSOR, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS IN ITS AGREEMENT WITH MERCURY, PROVIDES A SOFTWARE WARRANTY WITH RESPECT TO ITS PRODUCT AND EXPLICITLY AUTHORIZES MERCURY TO PASS THROUGH SUCH WARRANTY TO LICENSEE, MERCURY SHALL PASS THROUGH SUCH WARRANTY TO LICENSEE IN THE MANNER AND TO THE DATA OR THE DATA SYSTEMEXTENT AUTHORIZED BY SUCH THIRD PARTY LICENSOR.

DISCLAIMER OF WARRANTY. RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT THE DATA AND ANY AND ALL INFORMATION AND MATERIALS RELATED TO THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, POOL SERVICES ARE PROVIDED “AS-"AS IS”, WITHOUT ," AND THAT POOL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOAND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY IMPLIED CONDITIONS WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY REASONABLE SKILL OR FITNESS CARE. IN NO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR A PARTICULAR USE ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OTHER NON-PERFORMANCE OF DEALING OR COURSE OF PERFORMANCETHE POOL SERVICES. POOL'S SOLE LIABILITY, AND OF ANY OTHER WARRANTY OR OBLIGATION REGISTRAR'S SOLE REMEDY, WITH RESPECT TO SUCH WARRANTY WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE DATA OR SEVERITY OF THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.

DISCLAIMER OF WARRANTY. XXXXX PROVIDES, AND PARTICIPATING PARTY ACCEPTS, THE DATA TSP SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. XXXXX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO OR USE OF THE TSP SOFTWARE: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR EQUIPMENT OR EQUIPMENT AVAILABLE FOR USE. RYDER FUNCTIONS AS AN ON-DEMAND LEAD GENERATION AND ALL INFORMATION RELATED SERVICE ONLY AND MATERIALS RELATED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE DATA, INCLUDING BUT NOT LIMITED TO ACTIONS OR INACTIONS OF THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS PARTICIPATING PARTIES WHO MAY REQUEST OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCERECEIVE SERVICES, AND OF ANY XXXXX DOES NOT SCREEN OR OTHERWISE EVALUATE CUSTOMERS BY USING THE TSP SOFTWARE BEYOND BASIC INSURANCE AND AUTHORITY INFORMATION. PARTICIPATING PARTY ACKNOWLEDGES AND AGREES THAT IT MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO PARTICIPATING PARTY’S EQUIPMENT OR OTHER WARRANTY OR OBLIGATION THIRD PARTIES. PARTICIPATING PARTY IS ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE DATA OR USE OF THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMEDTSP SOFTWARE. THERE IS NO GUARANTEE THAT THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTSNOTWITHSTANDING XXXXX’X LIMITED ROLE, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEM.XXXXX EXPRESSLY

DISCLAIMER OF WARRANTY. THE DATA PRODUCT IS PROVIDED WITH A 365 DAY LICENSE, AND WITH WARRANTIES THAT IT IS FREE OF DEFECTS, AS OUTLINED IN THE OWNER/TECHNICAL MANUAL. MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSOR SHALL ASSUME THE RESPONSIBLITY OF CORRECTING ANY SUCH DEFECT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL INFORMATION AND MATERIALS RELATED TO OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE DATA, INCLUDING BUT NOT LIMITED TO THE DATA SYSTEM AND DATA SPECIFICATIONS, ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCEPOSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE DATA OR AGGREGATE THE DATA SYSTEM OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO DATA RECIPIENT AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT SUM OF THE DATA OR THE DATA SYSTEM WILL MEET DATA RECIPIENT’S REQUIREMENTS, BE COMPLETE, ACCURATE, SEQUENTIAL, ERROR-FREE OR OPERATE WITHOUT DELAY OR INTERRUPTION. THE EXCHANGE GIVES NO WARRANTIES OF ANY KIND AS TO THE FITNESS, CAPACITY OR CONDUCT OF ANY OTHER PERSON HAVING ACCESS TO THE DATA OR THE DATA SYSTEMFEES LICENSEE PAID FOR THIS LICENSE (IF ANY).